SCHEDULES

SCHEDULE 10The family court

Part 2The family court: further amendments

Senior Courts Act 1981 (c. 54)

I154

The Senior Courts Act 1981 is amended as follows.

I255

In section 33 (powers of High Court exercisable before commencement of action) after subsection (2) insert—

3

This section applies in relation to the family court as it applies in relation to the High Court.

I356

In section 34 (powers of High Court to order disclosure or inspection of documents or property of non-party) after subsection (4) insert—

5

Subsections (2) and (3) apply in relation to the family court as they apply in relation to the High Court.

I457

In section 35(1) (limits on High Court's power to make orders under sections 33 and 34) for “The High Court” substitute “ A court ”.

I558

In section 37 (powers of High Court to grant injunctions or appoint receivers) after subsection (5) insert—

6

This section applies in relation to the family court as it applies in relation to the High Court.

I659

In section 39(1) (powers of High Court to order documents to be executed or indorsed by nominated person)—

a

in the words before paragraph (a) after “High Court” insert “ or family court ”, and

b

in paragraph (b) for “the High Court” substitute “ that court ”.

I760

In section 42(1)(a) and (b) (engaging in vexatious civil proceedings is ground for High Court making order under the section) after “High Court” insert “ or the family court ”.

I861

1

Section 51 (costs) is amended as follows.

2

In subsection (1) (section applies to civil division of Court of Appeal, High Court and county court) before the “and” at the end of paragraph (b) insert—

ba

the family court;

3

In subsection (8)(b) (proceedings commenced in High Court that should have been commenced in county court) before “in accordance” insert “ or family court ”.

I962

In section 70 (assessors) after subsection (4) insert—

5

Subsections (1) and (2) apply in relation to the family court as they apply in relation to the High Court.

I1063

In Schedule 1 (distribution of business in High Court) omit paragraph 3(d) (appeals from enforcement decisions of magistrates' courts in relation to certain family matters).