OpenLegislation

Paragraph 18 Rules of courtF8I1

United Kingdom

F1(A1)

Rules of court may make provision with respect to the matters that would be mentioned in any of paragraphs (b), (c) and (f) of subsection (1) as if references in those paragraphs to a magistrates’ court, or to magistrates’ courts, were references to the family court.

(1)

F2The matters referred to in subsections (A1) and (2) are—

(a)

the circumstances in which anything authorised or required by this Part of this Act to be done by, to or before a magistrates' court F3acting in a particular F4petty sessions district or by, to or before an officer of that court may be done by, to or before a magistrates' court F5acting in such other petty sessions district as the rules may provide or by, to or before an officer of that court;

(b)

the orders made, or other things done, by a magistrates' court, or an officer of such a court, under this Part of this Act, or by a court in a Hague Convention country, notice of which is to be given to such persons as the rules may provide and the manner in which such notice shall be given;

(c)

the cases and manner in which courts in Hague Convention countries are to be informed of orders made, or other things done, by a magistrates' court under this Part of this Act;

(d)

the cases and manner in which a justices' clerk may take evidence needed for the purpose of proceedings in court in a Hague Convention country relating to a maintenance order to which this Part of this Act applies;

(f)

the circumstances and manner in which magistrates' courts may for the purposes of this Part of this Act communicate with courts in Hague Convention countries.

(1A)

For the purpose of giving effect to this Part of this Act, F6rules of court may make, in relation to any proceedings brought under or by virtue of this Part of this Act, any provision not covered by subsection F7(A1) above which–

(a)

falls within subsection (2) of section 93 of the Children Act 1989f1, and

(b)

may be made in relation to relevant proceedings under that section.

(2)

Rules with respect to the matters mentioned in subsection (1) above may be made in accordance with Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981f2in relation to proceedings or matters in magistrates' courts in Northern Ireland under this Part of this Act.

Annotations

Textual amendments

F1

Words in Sch. 3 s. 18 inserted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 43(a)

F2

Words in Sch. 3 s. 18 substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 43(b)(i)

F3

Words in Sch. 3 s. 18(1)(a) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 160(d)(i)

F4

Words in Sch. 3 s. 18 substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 43(b)(ii)

F5

Words in Sch. 3 s. 18(1)(a) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 160(d)(i)

F6

Words in Sch. 3 s. 18(1A) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 160(d)(ii)

F7

Word in Sch. 3 s. 18 substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 43(c)

F8

Words in Sch. 3 s. 18 substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 43(d)

Commencement

I1

Sch. 3 para. 18 in force at 5.4.1993, see art. 1

Footnotes

f1

1989 c. 41.

f2

S.I. 1981/1685 (N.I. 26).