Magistrates’ Courts Act 1980

Domestic proceedingsE+W

65 Meaning of domestic proceedings.E+W

(1)In this Act “ [F1family proceedings]” means proceedings under any of the following enactments, that is to say—

(a)the M1Maintenance Orders (Facilities for Enforcement) Act 1920;

(b)section 43 F2 of the M2National Assistance Act 1948;

(c)section 3 of the M3Marriage Act 1949;

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

F4(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5(ee)section 35 of the Matrimonial Causes Act 1973;]

(f)Part I of the M4Maintenance Orders (Reciprocal Enforcement) Act 1972;

F4(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)the M5Adoption Act 1976, except proceedings under section 34 of that Act;

(i)section 18 F2 of the M6Supplementary Benefits Act 1976;

(j)Part I of the M7Domestic Proceedings and Magistrates" Courts Act 1978;

F6(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l)section 60 of this Act;

[F7(m)Part I of the Civil Jurisdiction and Judgments Act 1982, so far as that Part relates to the recognition or enforcement of maintenance orders;]

F8(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(mm)section 55A of the M8Family Law Act 1986;]

[F11(n)the Children Act 1989]

[F12(n)section 106 of the Social Security Administration Act 1992;]

(o)section 20 (so far as it provides, by virtue of an order under section 45 F13, for appeals to be made to a court) F14. . . of the Child Support Act 1991; except that, subject to subsection (2) below, it does not include—

(i)proceedings for the enforcement of any order made, confirmed or registered under any of those enactments;

(ii)proceedings for the variation of any provision for the periodical payment of money contained in an order made, confirmed or registered under any of those enactments; or

(iii)proceedings on an information in respect of the commission of an offence under any of those enactments.

[F15(p)Part IV of the Family Law Act 1996;]

[F16(q)sections 11 and 12 of the Crime and Disorder Act 1998;]

[F17(r)Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, so far as that Regulation relates to the recognition or enforcement of maintenance orders;]

[F18(s)Council Regulation (EC) No 2201/2003 of 27th November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, so far as that Regulation relates to jurisdiction, recognition and enforcement in parental responsibility matters;]

(2)The court before which there fall to be heard any of the following proceedings, that is to say—

(a)proceedings (whether under this Act or any other enactment) for the enforcement of any order made, confirmed or registered under any of the enactments specified in paragraphs (a) to (k) [F19(m), (n) and [F20, (p) and (r)]] of subsection (1) above;

(b)proceeding (whether under this Act or any other enactment) for the variation of any provision for the making of periodical payments contained in an order made, confirmed or registered under any of those enactments;

(c)proceedings for an attachment of earnings order to secure maintenance payments within the meaning of the M9Attachment of Earnings Act 1971 or for the discharge or variation of such an order; or

(d)proceedings for the enforcement of a maintenance order which is registered in a magistrates’ court under Part II of the M10Maintenance Orders Act 1950 or Part I of the M11Maintenance Orders Act 1958 or for the variation of the rate of payments specified by such an order.

[F21(e)[F22proceedings under]]section 20 (so far as it provides, by virtue of an order under section 45, for appeals to be made to a court) F14. . .of the Child Support Act 1991.

may if it thinks fit order that those proceedings and any other proceedings being heard therewith shall, notwithstanding anything in subsection (1) above, be treated as [F1family proceedings]for the purposes of this Act.

(3)Where the same parties are parties—

(a)to proceedings which are [F1family proceedings] by virtue of subsection (1) above, and

(b)to proceedings which the court has power to treat as [F1family proceedings] by virtue of subsection (2) above,

and the proceedings are heard together by a magistrates’ court, the whole of those proceedings shall be treated as [F1family proceedings]for the purposes of this Act.

(4)No appeal shall lie from the making of, or refusal to make, an order under subsection (2) above.

(5)Until the M12Adoption Act 1976 comes into force subsection (1) above shall have effect as if for paragraph (h) thereof there were substituted the following paragraph—

“(h)The Adoption Act 1958,the Adoption Act 1960 or Part I of the Children Act 1975, except proceedings under section 42 or 43 of the Adoption Act 1958.”

(6)Until the M13Child Care Act 1980 comes into force subsection (1) above shall have effect as if for paragraph (k) thereof there were substituted the following paragraph—

“(k)Section 87 or section 88 of the Children and Young Persons Act 1933 or section 26 of the Children Act 1948.”

[F2366 Composition of magistrates’ courts for family proceedings: general.E+W

(1)A magistrates’ court when hearing family proceedings shall be composed of—

(a)two or three lay justices; or

(b)a District Judge (Magistrates’ Courts) as chairman and one or two lay justices;

or, if it is not practicable for such a court to be so composed, a District Judge (Magistrates’ Courts) sitting alone.

(2)Except where such a court is composed of a District Judge (Magistrates’ Courts) sitting alone, it shall, so far as practicable, include both a man and a woman.

(3)In this section and section 67 below “lay justices” means justices of the peace who are not District Judges (Magistrates’ Courts).]

67 Domestic courts and panels.E+W

(1)Magistrates’ courts constituted in accordance with the provisions of this section and sitting for the purpose of hearing [F24family proceedings] shall be known as [F25family proceedings courts].

(2)A justice shall not be qualified to sit as a member of a [F26family proceedings court] unless

[F27(a)he is a District Judge (Magistrates’ Courts) nominated by the Lord Chancellor to do so; or

(b)he is a member of a family panel, that is to say a panel of lay justices]

specially appointed to deal with [F24family proceedings].

(3)Without prejudice to the generality of the power to make rules under section 144 below relating to the procedure and practice to be followed in magistrates’ courts, provision may be made by such rules with respect to any of the following matters, that is to say—

(a)the formation and revision of [F28family panels] and the eligibility of justices to be members of such panels;

(b)the appointment of persons as chairmen of [F25family proceedings courts] ; and

(c)the composition of domestic courts.

(4)Any provision made by rules by virtue of subsection (3) above for the formation of [F28family panels] shall include provision for the formation of at least one [F29family panel] for each commission area, but provision shall not be made by the rules for the formation of more than one [F29family panel] for any petty sessions area.

(5)Rules made by virtue of subsection (3) above may confer powers on the Lord Chancellor with respect to any of the matters specified in the rules and may, in particular, provide for the appointment of [F28family panels] by him and for the removal from a [F29family panel] of any justice who, in his opinion, is unsuitable to serve on a [F26family proceedings court].

(6)Rules made by virtue of subsection (3) above may make different provision in relation to different areas for which [F28family panels] are formed; and in the application of this section to the counties of Greater Manchester, Merseyside and Lancashire for any reference in subsection (5) above to the Lord Chancellor there shall be substituted a reference to the Chancellor of the Duchy of Lancaster.

(7)F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F33(8)Nothing in this section shall require the formation of a [F29family panel] for the City of London.]

68 Combined domestic court panels.E+W

(1)Where the [F34Lord Chancellor] considers—

(a)that a combined [F35family panel] should be formed for 2 or more petty sessions areas, or

(b)that any combined [F35family panel] which has been so formed should be dissolved,

he may direct the magistrates’ courts committee for the area concerned to review the functioning of [F36family proceedings courts] in their area and on completion of the review to submit a report to the [F34Lord Chancellor].

(2)Where the [F34Lord Chancellor] gives a direction under subsection (1) above, then—

(a)after consideration of any report submitted to him under that subsection, or

(b)if the committee fail to comply with the direction within 6 months from the giving thereof, after the expiration of that period of 6 months,

the [F34Lord Chancellor] may, if he thinks fit, make an order for the formation of a combined [F35family panel] for the petty sessions areas concerned or, as the case may be, for the dissolution of the combined [F35family panel] concerned.

(3)Where the [F34Lord Chancellor] proposes to make an order under subsection (2) above, he shall send a copy of the proposed order to the magistrates’ courts committee for any area the whole or part of which is concerned and to any [F35family panel] which is concerned.

(4)Where a copy of the proposed order is required to be sent under subsection (3) above to any committee or panel, the [F34Lord Chancellor] shall, before making an order, consider any representations made to him by the committee or panel within one month from the time the copy of the proposed order was sent.

(5)An order of the [F34Lord Chancellor] under subsection (2) above shall be made by statutory instrument and may be revoked or varied by a subsequent order thereunder.

(6)Any order made under subsection (2) above may contain supplementary, incidental and consequential provisions.

F37(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

69 Sittings of magistrates’ courts for domestic proceedings.E+W

(1)The business of magistrates’ courts shall, so far as is consistent with the due dispatch of business, be arranged in such manner as may be requisite for separating the hearing and determination of [F38family proceedings] from other business.

(2)In the case of [F38family proceedings] in a magistrates’ court other than proceedings under the M14Adoption Act 1976, no person shall be present during the hearing and determination by the court of the proceedings except—

(a)officers of the court;

(b)parties to the case before the court, their [F39legal representatives], witnesses and other persons directly concerned in the case;

(c)representatives of newspapers or news agencies;

(d)any other person whom the court may in its discretion permit to be present, so, however, that permission shall not be withheld from a person who appears to the court to have adequate grounds for attendance.

(3)In relation to any [F38family proceedings] under the M15Adoption Act 1976, subsection (2) above shall apply with the omission of paragraphs (c) and (d).

(4)When hearing [F38family proceedings], a magistrates’ court may, if it thinks it necessary in the interest of the administration of justice or of public decency, direct that any persons, not being officers of the court or parties to the case, the parties’ [F40legal representatives], or other persons directly concerned in the case, be excluded during the taking of any indecent evidence.

(5)The powers conferred on a magistrates’ court by this section shall be in addition and without prejudice to any other powers of the court to hear proceedings in camera.

(6)Nothing in this section shall affect the exercise by a magistrates’ court of the power to direct that witnesses shall be excluded until they are called for examination.

(7)Until the coming into operation of the M16Adoption Act 1976 this section shall have effect as if for any reference to that Act there were substituted a reference to the M17Adoption Act 1958, the M18Adoption Act 1960 and Part I of the M19Children Act 1975.

70 Jurisdiction of magistrates’ courts in inner London for domestic proceedings.E+W

(1)A relevant court for an inner London petty sessions area shall, in addition to hearing proceedings which (apart from subsection (2) below) may be heard by a relevant court for that area, have jurisdiction to hear proceedings which could be heard before a relevant court for any other such area, but shall not exercise the jurisdiction conferred by this subsection except in such cases or classes of case as may be determined by the [F41magistrates’ courts committee whose area consists of or includes that petty sessions area].

(2)A magistrates’ court for an inner London petty sessions area shall not hear any [F42family proceedings] if the [F41magistrates’ courts committee whose area consists of or includes that petty sessions area] so determine.

(3)In this section—

• “relevant court” means a magistrates’ court when composed for the purpose of exercising jurisdiction to hear [F42family proceedings];

• “inner London petty sessions area” means [F43any petty sessions area falling wholly or partly within the area consisting of the inner London boroughs and the City of London.]

71 Newspaper reports of domestic proceedings. E+W

[F44(1)In the case of [F45family proceedings] in a magistrates’ court (other than proceedings under the Adoption Act 1976) it shall not be lawful for a person to whom this subsection applies—

(a)to print or publish, or cause or procure to be printed or published, in a newspaper or periodical, or

(b)to include, or cause or procure to be included, in a programme included in a programme service (within the meaning of the Broadcasting Act 1990) for reception in Great Britain,

any particulars of the proceedings other than such particulars as are mentioned in subsection (1A) below.

(1A)The particulars referred to in subsection (1) above are—

(a)the names, addresses and occupations of the parties and witnesses;

(b)the grounds of the application, and a concise statement of the charges, defences and counter-charges in support of which evidence has been given;

(c)submissions on any point of law arising in the course of the proceedings and the decision of the court on the submissions;

(d)the decision of the court, and any observations made by the court in giving it.

(1B)Subsection (1) above applies—

(a)in relation to paragraph (a) of that subsection, to the proprietor, editor or publisher of the newspaper or periodical, and

(b)in relation to paragraph (b) of that subsection, to any body corporate which provides the service in which the programme is included and to any person having functions in relation to the programme corresponding to those of an editor of a newspaper.]

(2)In the case of [F45family proceedings] in a magistrates’ court under the M20Adoption Act 1976, [F46subsection (1A)]above shall apply with the omission of paragraphs (a) and (b) and the reference in that subsection to the particulars of the proceedings shall, in relation to any child concerned in the proceedings, include—

(a)the name, address or school of the child,

(b)any picture as being, or including, a picture of the child, and

(c)any other particulars calculated to lead to the identification of the child.

(3)Any person acting in contravention of this section shall be liable on summary conviction to a fine not exceeding [F47level 4 on the standard scale].

(4)No prosecution for an offence under this section shall be begun without the consent of the Attorney General.

(5)Nothing in this section shall prohibit the printing or publishing of any matter in a newspaper or periodical of a technical character bona fide intended for circulation among members of the legal or medical professions.

(6)Until the coming into operation of the M21Adoption Act 1976 this section shall have effect as if for any reference to that Act there were substituted a reference to the M22Adoption Act 1958, the M23Adoption Act 1960 and Part I of the M24Children Act 1975.

F4872 Report by probation officer on means of parties.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

73 Examination of witnesses by court.E+W

Where in any [F49family proceedings], or in any proceedings for the enforcement or variation of an order made in [F49family proceedings], it appears to a magistrates’ court that any party to the proceedings who is not legally represented is unable effectively to examine or cross-examine a witness, the court shall ascertain from that party what are the matters about which the witness may be able to depose or on which the witness ought to be cross-examined, as the case may be, and shall put, or cause to be put, to the witness such questions in the interests of that party as may appear to the court to be proper.

74 Reasons for decisions in domestic proceedings.E+W

(1)The power to make rules conferred by section 144 below shall, without prejudice to the generality of subsection (1) of that section, include power to make provision for the recording by a magistrates’ court, in such manner as may be prescribed by the rules, of reasons for a decision made in such [F50family proceedings] or class of [F50family proceedings] as may be so prescribed, and for making available a copy of any record made in accordance with those rules of the reasons for a decision of a magistrates’ court to any person who requests a copy thereof for the purposes of an appeal against that decision or for the purpose of deciding whether or not to appeal against that decision.

(2)A copy of any record made by virtue of this section of the reasons for a decision of a magistrates’ court shall, if certified by such officer of the court as may be prescribed, be admissible as evidence of those reasons.