The Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014
Draft 2014, ISBN 9780111108871
Draft Order laid before Parliament under section 58(4)(j) of the Crime and Courts Act 2013, for approval by resolution of each House of Parliament.
Family Proceedings
Senior Courts Of England And Wales
Family Court, England And Wales
Made ***
Coming into force in accordance with article 1
The Lord Chancellor makes the following Order in exercise of the powers conferred by sections 58(12)(c) and 59 of the Crime and Courts Act 2013f1.
In accordance with section 58(4)(j) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation and commencement
- 2Amendments to the Administration of Justice Act 1970
- 3Amendments to the Administration of Justice Act 1970
- 4Amendments to the Administration of Justice Act 1970
- 5Amendments to the Attachment of Earnings Act 1971
- 6Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972
- 7Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972
- 8Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972
- 9Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972
- 10Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972
- 11Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972
- 12Amendments to the Solicitors Act 1974
- 13Amendment to the Domestic Proceedings and Magistrates’ Courts Act 1978
- 14Amendments to the Charging Orders Act 1979
- 15Amendments to the Charging Orders Act 1979
- 16Amendments to the Charging Orders Act 1979
- 17Amendment to the Administration of Justice Act 1982
- 18Amendment to the Administration of Justice Act 1985
- 19Amendment to the Courts and Legal Services Act 1990
- 20Amendment to the Taxation of Chargeable Gains Act 1992
- 21Amendment to the Jobseekers Act 1995
- 22Amendments to the Tribunals, Courts and Enforcement Act 2007
- 23Amendments to the Tribunals, Courts and Enforcement Act 2007
- 24Amendments to the Tribunals, Courts and Enforcement Act 2007
- 25Amendment to the Legal Services Act 2007
- 26Amendments to the Legal Aid, Sentencing and Punishment of Offenders Act 2012
- Signature
- Explanatory note
1Citation and commencement
This Order may be cited as the Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014 and comes into force on the day on which section 17(3) of the Crime and Courts Act 2013 is brought fully into force.
2Amendments to the Administration of Justice Act 1970
Schedule 8 to the Administration of Justice Act 1970f1 is amended as follows.
3Amendments to the Administration of Justice Act 1970
In paragraphs 11, 13, 13B(1) and 13C for “a magistrates’ court” substitute “the family court”.
4Amendments to the Administration of Justice Act 1970
In paragraph 13A for “magistrates’ court” substitute “court in England and Wales”.
5Amendments to the Attachment of Earnings Act 1971
In Schedule 1 to the Attachment of Earnings Act 1971f1—
in paragraphs 11, 13, 14A(1) and 14B for “a magistrates’ court” substitute “the family court”;
in paragraph 14 for “magistrates’ court” substitute “court in England and Wales”;
in paragraph 15 for the words within brackets substitute “financial relief: provision corresponding to provision made by Part 2 of the Matrimonial Causes Act 1973”; and
in paragraph 16 for the words within brackets substitute “financial relief: provision corresponding to provision made by the Domestic Proceedings and Magistrates’ Courts Act 1978”.
6Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972
The Maintenance Orders (Reciprocal Enforcement) Act 1972f1 is amended as follows.
7Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972
In section 8(2) omit “in the High Court under Part I of the Maintenance Orders Act 1958 or to an order which is for the time being registered”.
8Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972
In the title to section 17f1, for “magistrates’ courts” substitute “the family court in England and Wales or in magistrates’ courts in Northern Ireland”.
9Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972
In section 33(2) omit “in the High Court under Part I of the Maintenance Orders Act 1958 or to an order which is for the time being registered”.
10Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972
In section 35(1A)f1, omit paragraph (b) and the “and” which precedes it.
11Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972
Despite the repeals made by articles 7 and 9, sections 8(1) and 33(1) of the Maintenance Orders (Reciprocal Enforcement) Act 1972 do not apply to an order which is, and has been at all times since the day before the date this Order comes into force, registered in the High Court under Part 1 of the Maintenance Orders Act 1958f1.
12Amendments to the Solicitors Act 1974
In section 68(2) of the Solicitors Act 1974f1—
for “shall” substitute “and the family court each”; and
at the end insert “or (as the case may be) the family court”.
13Amendment to the Domestic Proceedings and Magistrates’ Courts Act 1978
In the title to section 28 of the Domestic Proceedings and Magistrates’ Courts Act 1978f1 for “county court” substitute “family court”.
14Amendments to the Charging Orders Act 1979
Section 1 of the Charging Orders Act 1979f1 is amended as follows.
15Amendments to the Charging Orders Act 1979
In subsection (2)(b), after “maintenance order of the High Court” insert “or an order for costs made in family proceedings in the High Court”.
16Amendments to the Charging Orders Act 1979
After subsection (8) insert—
“(9)In this section “family proceedings” means proceedings in the Family Division of the High Court which are business assigned, by or under section 61 of (and Schedule 1 to) the Senior Courts Act 1981f1, to that Division of the High Court and no other.”.
17Amendment to the Administration of Justice Act 1982
In section 38(1) of the Administration of Justice Act 1982f1, after paragraph (a) insert—
“(aa)the family court;”.
18Amendment to the Administration of Justice Act 1985
In paragraph 27(b) of Schedule 2 to the Administration of Justice Act 1985f1, after “county court” insert “or the family court”.
19Amendment to the Courts and Legal Services Act 1990
In section 15(3) of the Courts and Legal Services Act 1990f1, after “the High Court” insert “, the family court”.
20Amendment to the Taxation of Chargeable Gains Act 1992
In section 61(3)(a) of the Taxation of Chargeable Gains Act 1992f1, before “and statutory deposits” insert “, money in the family court”.
21Amendment to the Jobseekers Act 1995
In section 23(5)(a) of the Jobseekers Act 1995f1 for “a magistrates’ court” substitute “the family court”.
The amendment made by paragraph (1) ceases to have effect on the coming into force of the repeal of section 23 of the Jobseekers Act 1995 by Part 1 of Schedule 14 to the Welfare Reform Act 2012f2.
22Amendments to the Tribunals, Courts and Enforcement Act 2007
The Tribunals, Courts and Enforcement Act 2007f1 is amended as follows.
23Amendments to the Tribunals, Courts and Enforcement Act 2007
In section 95 after “High Court” insert “, the family court”.
24Amendments to the Tribunals, Courts and Enforcement Act 2007
In section 104—
in the definition of “creditor”, in paragraph (a) after “through” insert “any court,”; and
in the definition of “judgment debt”, in paragraphs (a) and (b), after “High Court” insert “, the family court”.
25Amendment to the Legal Services Act 2007
In the definition of “civil court” in section 194(10) of the Legal Services Act 2007f1 before the “or” at the end of paragraph (c), insert—
“(ca)the family court,”.
26Amendments to the Legal Aid, Sentencing and Punishment of Offenders Act 2012
In Part 3 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012f1—
after paragraph 5 insert—
“5A.Advocacy in proceedings in the family court.”; and
in paragraph 7 for “paragraphs 1, 11 to 13 and 15 to 18 of Part 1 of this Schedule” substitute—
“the following provisions of Part 1 of this Schedule—
(a)paragraph 1(1)(e),
(b)paragraph 1(2) so far as relating to paragraph (1)(1)(e), and
(c)paragraphs 11(2), 12, 13(1)(e), 15 and 17(1)(a) and (b).”.
Signature
Signed by authority of the Lord Chancellor
Name
Minister of State
Ministry of Justice
Date
Explanatory note
(This note is not part of the Order)
This Order makes amendments to primary legislation which are consequential upon the establishment of the family court, as provided for in section 17(3) of, and Schedules 10 and 11 to, the Crime and Courts Act 2013.
An impact assessment for this Order is annexed to the Explanatory Memorandum, which is available alongside this Order at www.legislation.gov.uk.