The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014

Amendments to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011

132.  In paragraph 11—

(a)in sub-paragraph (2), for “the designated officer for the magistrates’ court in the local justice area” substitute “the court officer of the family court in the Designated Family Judge area”;

(b)in sub-paragraph (3)—

(i)for “designated officer” substitute “court officer”; and

(ii)in paragraph (b)—

(aa)for “magistrates’ court” substitute “family court”; and

(bb)for the text after “sought” substitute “under the law in force in England and Wales”;

(c)in sub-paragraph (4), for “designated officer” in both places substitute “court officer”;

(d)omit sub-paragraph (5);

(e)in sub-paragraph (6)—

(i)for “designated officer” substitute “court officer”; and

(ii)for “magistrates’ court” substitute “family court”;

(f)in sub-paragraph (7)—

(i)for “local justice area for which the magistrates’ court acts, the designated officer” substitute “Designated Family Judge area to which the application has been sent, the court officer”; and

(ii)in paragraph (a)—

(aa)for “another local justice area” substitute “another Designated Family Judge area”; and

(bb)for “designated officer of a magistrates’ court acting” substitute “court officer of the family court”;

(g)in sub-paragraph (8)—

(i)for “designated officer” in both places substitute “court officer”; and

(ii)for “magistrates’ court” substitute “family court”;

(h)in sub-paragraph (9)—

(i)for “designated officer” substitute “court officer”;

(ii)for “magistrates’ court” substitute “family court”; and

(iii)for the words after “application under the” substitute “law in force in England and Wales”; and

(i)in sub-paragraph (10)—

(i)in paragraph (c), for “designated officer” substitute “court officer”;

(ii)in paragraph (d), for “local justice area” substitute “Designated Family Judge area”; and

(iii)for paragraphs (e) and (f), substitute—

“(e)references to the courts of England and Wales or to the family court were references to the courts of Northern Ireland;

(f)for sub-paragraph (3)(b) there were substituted—

“(b)if so, whether the magistrates’ court has power to make the decision or modification sought under—

(i)the Domestic Proceedings (Northern Ireland) Order 1980; or

(ii)Article 15 of and Schedule 1 to the Children (Northern Ireland) Order 1995.”

(g)after paragraph (4) there were inserted—

“(5) Where the clerk of petty sessions decides under sub-paragraph (3)(b) that the magistrates’ court does not have power to make the decision or modification sought, the clerk of petty sessions shall send the application to—

(a)the High Court of Judicature; or

(b)a county court,

as appears to the clerk of petty sessions to be appropriate.”; and

(h)in sub-paragraph (9) for “the law in force in England and Wales” there were substituted “the Domestic Proceedings (Northern Ireland) Order 1980 or Article 15 of and Schedule 1 to the Children (Northern Ireland) Order 1995.”.