Legislation – Crime and Courts Act 2013
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SCHEDULE 11Transfer of jurisdiction to family court
Part 1Amendments of enactments
Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)
51
(1)
Section 34A (variation of orders by magistrates’ courts in England and Wales) is amended as follows.
(2)
In subsection (1) (application of certain provisions)—
(a)
for “a magistrates’ court in England and Wales” substitute “
, and
the family court
”
(b)
“(a)
section 1(3A) of the Maintenance Enforcement Act 1991;”.
(3)
In subsection (2) (court may exercise one of powers under subsection (3) upon varying order) for “a magistrates’ court in England and Wales” substitute “
.
the family court
”
(4)
In subsection (3) (available powers)—
(a)
in each of paragraphs (a) and (b) for the words from “the designated” to “Wales” substitute “
, and
the court
”
(b)
in paragraph (b) for “59(6) of the Magistrates’ Courts Act 1980” substitute “
.
1(5) of the Maintenance Enforcement Act 1991
”
(5)
Omit subsections (4) to (8) (variation by justices’ clerk).
(6)
In subsection (9) (deciding on exercise of powers)—
(a)
for “subsections (2) and (8)” substitute “
,
subsection (2)
”
(b)
for “which of the” substitute “
,
whether to exercise any of its
”
(c)
omit “it is to exercise”, and
(d)
after “debtor” insert “
.
or the creditor
”
(7)
In subsection (10) (power to require account to be opened) for “Subsection (4) of section 59 of the Magistrates’ Courts Act 1980” substitute “
.
Subsection (6) of section 1 of the Maintenance Enforcement Act 1991
”
(8)
In subsection (11) (meaning of “creditor” and “debtor”) for “section 59 of the Magistrates’ Courts Act 1980” substitute “
.
section 1 of the Maintenance Enforcement Act 1991
”
(9)
In the title for “magistrates’ courts” substitute “
.
the family court
”