C55Part II Civil Jurisdiction and Procedure
Jurisdiction to issue summons and deal with complaints
C30C33C36C40C1C45C48C51F151Issue of summons on complaint
Where a complaint relating to a person is made to a justice of the peace, the justice of the peace may issue a summons to the person requiring him to appear before a magistrates' court to answer to the complaint.
F252 Jurisdiction to deal with complaints.
1
A magistrates' court has jurisdiction to hear any complaint.
2
But subsection (1) is subject to provision made by any enactment.
Hearing of complaint
53 Procedure on hearing.
C21
On the hearing of a complaint, the court shall, if the defendant appears, state to him the substance of the complaint.
C22
The court, after hearing the evidence and the parties, shall make the order for which the complaint is made or dismiss the complaint.
C33
Where a complaint is for an order for the payment of a sum recoverable summarily as a civil debt, or for the variation of the rate of any periodical payments ordered by a magistrates’ court to be made, or for such other matter as may be prescribed, the court may make the order with the consent of the defendant without hearing evidence.
F344
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C4C31C34C37C41C46C49C5254F28Adjournment and stays
1
A magistrates’ court may at any time, whether before or after beginning to hear a complaint, adjourn the hearing, and may do so, notwithstanding anything in this Act, when composed of a single justice.
2
The court may when adjourning either fix the time and place at which the hearing is to be resumed or, unless it remands the defendant under section 55 below, leave the time and place to be determined later by the court; but the hearing shall not be resumed at that time and place unless the court is satisfied that the parties have had adequate notice thereof.
F353
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F354
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C5C32C35C38C42C43C47C50C5355 Non-appearance of defendant.
1
Where at the time and place appointed for the hearing or adjourned hearing of a complaint the complainant appears but the defendant does not, the court may, subject to subsection (3) below, proceed in his absence.
C6C7C292
Where the court, instead of proceeding in the absence of the defendant, adjourns, or further adjourns, the hearing, the court may, if the complaint has been substantiated on oath, and subject to the following provisions of this section, issue a warrant for his arrest.
C83
The court shall not begin to hear the complaint in the absence of the defendant or issue a warrant under this section unless either it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that the summons was served on him within what appears to the court to be a reasonable time before the hearing or adjourned hearing or the defendant has appeared on a previous occasion to answer to the complaint.
C84
Where the defendant fails to appear at an adjourned hearing, the court shall not issue a warrant under this section unless it is satisfied that he has had adequate notice of the time and place of the adjourned hearing.
5
Where the defendant is arrested under a warrant issued under this section, the court may, on any subsequent adjournment of the hearing, but subject to the provisions of subsection (6) below, remand him.
6
The court shall not issue a warrant or remand a defendant under this section or further remand him by virtue of section 128(3) below after he has given evidence in the proceedings.
7
Where the court remands the defendant, the time fixed for the resumption of the hearing shall be that at which he is required to appear or be brought before the court in pursuance of the remand.
8
A warrant under this section shall not be issued in any proceedings for the recovery or enforcement of a sum recoverable summarily as a civil debt or in proceedings in any matter of bastardy.
F369
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C4456 Non-appearance of complainant.
57 Non-appearance of both parties.
F27Transfer of civil proceedings (other than family proceedings)
S. 57A and cross-heading inserted (1.4.2005) by Courts Act 2003 (c. 39), ss. 48, 110; S.I. 2005/910, art. 3(q)
57APower to transfer civil proceedings (other than family proceedings)
1
A magistrates' court may at any time, whether before or after beginning to hear a complaint, transfer the hearing to another magistrates' court.
2
But if the court transfers the matter after it has begun to hear the evidence and the parties, the court to which the matter is transferred must begin hearing the evidence and the parties again.
F393
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4
The power of the court under this section to transfer a hearing must be exercised in accordance with any directions given under section 30(3) of the Courts Act 2003.
Civil debt
C3958 Money recoverable summarily as civil debt.
1
A magistrates’ court shall have power to make an order on complaint for the payment of any money recoverable summarily as a civil debt.
2
Any sum payment of which may be ordered by a magistrates’ court shall be recoverable summarily as a civil debt except—
F40a
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b
a sum that may be adjudged to be paid by a summary conviction or by an order enforceable as if it were a summary conviction.
Orders for periodical payment
C959F3 Orders for periodical payment: means of payment.
1
In any case where a magistrates’ court orders money to be paid periodically by one person (in this section referred to as “the debtor”) to another (in this section referred to as “the creditor”), F47... the court shall at the same time exercise one of its powers under paragraphs (a) and (b) of F48subsection (3) below .
F442
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C103
The powers of the court are—
a
the power to order that payments under the order be made directly by the debtor to the creditor;
b
the power to order that payments under the order be made to F4the designated officer for the court or for any other magistrates' court;
F46c
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F41cc
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F46d
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F433A
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C11C12C134
In any case where—
a
the court proposes to exercise its power under paragraph (c) of subsection (3) above, and
b
having given the debtor an opportunity of opening an account from which payments under the order may be made in accordance with the method of payment proposed to be ordered under that paragraph, the court is satisfied that the debtor has failed, without reasonable excuse, to open such an account,
the court in exercising its power under that paragraph may order that the debtor open such an account.
F425
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6
The methods of payment referred to in subsection (3)(c) above are the following, that is to say—
a
payment by standing order; or
b
payment by any other method which requires one person to give his authority for payments of a specific amount to be made from an account of his to an account of another’s on specific dates during the period for which the authority is in force and without the need for any further authority from him.
F457
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F458
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F459
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F4510
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F4511
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F4512
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59AF5 Orders for periodical payment: proceedings by F6designated officer.
1
Where payments under F49an order made by a magistrates' court are required to be made periodically—
a
to or through F7the designated officer for a magistrates' court, or
b
by any method of payment falling within section 59(6) above,
and any sums payable under the order are in arrear, F8the relevant designated officer shall, if the person for whose benefit the payments are required to be made so requests in writing, and unless it appears F9to that designated officer that it is unreasonable in the circumstances to do so, proceed in his own name for the recovery of those sums.
2
Where payments under F49an order made by a magistrates' court are required to be made periodically to or through F10the designated officer for a magistrates' court, the person for whose benefit the payments are required to be made may, at any time during the period in which the payments are required to be so made, give authority in writing to F11the relevant designated officer for him to proceed as mentioned in subsection (3) below.
3
Where authority under subsection (2) above is given to F12the relevant designated officer, he shall, unless it appears to him that it is unreasonable in the circumstances to do so, proceed in his own name for the recovery of any sums payable to or through him under the order in question which, on or after the date of the giving of the authority, fall into arrear.
4
In any case where—
a
authority under subsection (2) above has been given to F13the relevant designated officer, and
b
the person for whose benefit the payments are required to be made gives notice in writing to the F14relevant designated officer cancelling the authority,
the authority shall cease to have effect and, accordingly, the F15relevant designated officer shall not continue any proceedings already commenced by virtue of the authority.
5
The person for whose benefit the payments are required to be made shall have the same liability for all the costs properly incurred in or about proceedings taken under subsection (1) above at his request or under subsection (3) above by virtue of his authority (including any costs incurred as a result of any proceedings commenced not being continued) as if the proceedings had been taken by him.
6
Nothing in subsection (1) or (3) above shall affect any right of a person to proceed in his own name for the recovery of sums payable on his behalf under an order of any court.
7
In this section—
F16“the relevant designated officer”, in relation to an order, means—
- a
in a case where payments under the order are required to be made to or through the designated officer for a magistrates' court, the designated officer for that magistrates' court; F50and
- b
in a case where such payments are required to be made by any method of payment falling within section 59(6) and the order was made by a magistrates' court, the designated officer for that magistrates' court; F51...
- c
F51...
- a
F52...
F53...
F5459BMaintenance orders: penalty for breach.
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C14C1560F17 Revocation, variation, etc. of orders for periodical payment.
C161
Where a magistrates’ court has made an order for money to be paid periodically by one person to another, the court may, by order on complaint, revoke, revive or vary the order.
2
The power under subsection (1) above to vary an order shall include power to suspend the operation of any provision of the order temporarily and to revive the operation of any provision so suspended.
F56C173
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F56C184
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F565
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F566
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F567
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F568
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F569
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F5610
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F5610A
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F5610B
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11
For the purposes of this section—
a
“creditor” and “debtor” have the same meaning as they have in section 59 above; F55...
F55b
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61 Periodical payments payable by one person under more than one order. C19
1
F18Rules of court may make provision—
a
for enabling a person to make one complaint for the recovery of payments required to be made to him by another person under more than one periodical payments order; and
b
for apportioning between two or more periodical payments orders, in such manner as may be prescribed by the rules, any sum paid to F19the designated officer for a magistrates' court on any date by the person liable to make payments under the orders which is less than the total sum required to be paid on that date to F20that designated officer by that person in respect of those orders (being orders one of which requires payments to be made for the benefit of a child to the person with whom the child has his home and one or more of which requires payments to be made to that person either for his own benefit or for the benefit of another child who has his home with him) F21and sums paid into court in pursuance of orders under section 35 of the Powers of Criminal Courts Act 1973 (compensation orders).
2
In this section—
“child” means a person who has not attained the age of 18;
“periodical payments order” means an order made by a magistrates’ court F57... which requires the making of periodical payments,
and any payments required under a periodical payments order to be made to a child shall for the purposes of subsection (1) above be treated as if they were required to be made to the person with whom the child has his home.
Payments to children
62 Provisions as to payments required to be made to a child, etc.
1
Where—
a
periodical payments are required to be made, or a lump sum is required to be paid, to a child under an order made by a magistrates’ court, F58...
F58b
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any sum required under the order to be paid to the child may be paid to the person with whom the child has his home, and that person—
i
may proceed in his own name for the variation, revival or revocation of the order, and
2
Where a child has a right under any enactment to apply for the revival of an order made by a magistrates’ court which provided for the making of periodical payments to or for the benefit of the child, the person with whom the child has his home may proceed in his own name for the revival of that order.
3
Where any person by whom periodical payments are required to be paid to a child under an order made by F59... a magistrates’ court makes a complaint for the variation or revocation of that order, the person with whom the child has his home may answer the complaint in his own name.
4
Nothing in subsections (1) and (2) above shall affect any right of a child to proceed in his own name for the variation, revival or revocation of an order or for the recovery of any sum payable thereunder.
F245
In this section references to the person with whom a child has his home—
a
in the case of any child who is being looked after by a local authority (within the meaning of section 22 of the Children Act 1989 F71or section 74 of the Social Services and Well-being (Wales) Act 2014 ), are references to that local authority; and
b
in any other case, are references to the person who, disregarding any absence of the child at a hospital or boarding school and any other temporary absence, has care of the child.
F606
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7
In this section “child” means a person who has not attained the age of 18.
Orders other than for payment of money
63 Orders other than for payment of money.
C20C541
Where under any Act passed after 31st December 1879 a magistrates’ court has power to require the doing of anything other than the payment of money, or to prohibit the doing of anything, any order of the court for the purpose of exercising that power may contain such provisions for the manner in which anything is to be done, for the time within which anything is to be done, or during which anything is not to be done, and generally for giving effect to the order, as the court thinks fit.
C21C22C23C24C542
The court may by order made on complaint suspend or rescind any such order as aforesaid.
C25C26C27C54C563
Where any person disobeys an order of a magistrates’ court made under an Act passed after 31st December 1879 to do anything other than the payment of money or to abstain from doing anything the court may—
a
order him to pay a sum not exceeding £50 for every day during which he is in default or a sum not exceeding F25£5,000; or
b
commit him to custody until he has remedied his default or for a period not exceeding 2 months;
but a person who is ordered to pay a sum for every day during which he is in default or who is committed to custody until he has remedied his default shall not by virtue of this section be ordered to pay more than £1,000 or be committed for more than 2 months in all for doing or abstaining from doing the same thing contrary to the order (without prejudice to the operation of this section in relation to any subsequent default).
C28C544
Any sum ordered to be paid under subsection (3) above shall for the purposes of this Act be treated as adjudged to be paid by a conviction of a magistrates’ court.
5
The preceding provisions of this section shall not apply to any order for the enforcement of which provision is made by any other enactment.
Costs
64 Power to award costs and enforcement of costs.
1
On the hearing of a complaint, a magistrates’ court shall have power in its discretion to make such order as to costs—
a
on making the order for which the complaint is made, to be paid by the defendant to the complainant;
b
on dismissing the complaint, to be paid by the complainant to the defendant,
as it thinks just and reasonable; but if the complaint is for an order for the F29variation of an order for the periodic payment of money , or for the enforcement of such an order, the court may, whatever adjudication it makes, order either party to pay the whole or any part of the other’s costs.
F671A
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2
3
F70... Costs ordered to be paid under this section shall be enforceable as a civil debt.
F684
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F684A
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5
The preceding provisions of this section shall have effect subject to any other Act enabling a magistrates’ court to order a successful party to pay the other party’s costs.
Domestic proceedings
F3365 Meaning of domestic proceedings.
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F3365AMeaning of family procedure rules
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F3366 Composition of magistrates’ courts for family proceedings: general.
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F3367 Family proceedings courts.
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68 Combined domestic court panels.
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F6168APower of the magistrates’ court to order disclosure of documents, inspection of property etc. in family proceedings
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F6269 Sittings of magistrates’ courts for domestic proceedings.
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F6370 Jurisdiction of magistrates’ courts in inner London for domestic proceedings.
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F6471 Newspaper reports of domestic proceedings.
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F7272 Report by probation officer on means of parties.
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F6573 Examination of witnesses by court.
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F6674 Reasons for decisions in domestic proceedings.
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Pt. 2 applied in part (4.5.2021) by S.I. 1981/552, rule 60A (as inserted by The Magistrates’ Courts (Amendment) Rules 2021 (S.I. 2021/459), rules 1(1), 2(2))