The Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014

• Citation: S.I. 2014/605
• Sections: 26

Section 1 Citation and commencement

This Order may be cited as the Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014 and comes into force on the day on which section 17(3) of the Crime and Courts Act 2013 is brought fully into force.

Section 2 Amendments to the Administration of Justice Act 1970

Schedule 8 to the Administration of Justice Act 1970 is amended as follows.

Section 3 Amendments to the Administration of Justice Act 1970

In paragraphs 11, 13, 13B(1) and 13C for “a magistrates’ court” substitute “the family court”.

Section 4 Amendments to the Administration of Justice Act 1970

In paragraph 13A for “magistrates’ court” substitute “court in England and Wales”.

Section 5 Amendments to the Attachment of Earnings Act 1971

In Schedule 1 to the Attachment of Earnings Act 1971 —

(a) in paragraphs 11, 13, 14A(1) and 14B for “a magistrates’ court” substitute “the family court”;

(b) in paragraph 14 for “magistrates’ court” substitute “court in England and Wales”;

(c) in paragraph 15 for the words within brackets substitute “financial relief: provision corresponding to provision made by Part 2 of the Matrimonial Causes Act 1973”; and

(d) in paragraph 16 for the words within brackets substitute “financial relief: provision corresponding to provision made by the Domestic Proceedings and Magistrates’ Courts Act 1978”.

Section 6 Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972

The Maintenance Orders (Reciprocal Enforcement) Act 1972 is amended as follows.

Section 7 Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972

In section 8(2) omit “in the High Court under Part I of the Maintenance Orders Act 1958 or to an order which is for the time being registered”.

Section 8 Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972

In the title to section 17 , for “magistrates’ courts” substitute “the family court in England and Wales or in magistrates’ courts in Northern Ireland”.

Section 9 Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972

In section 33(2) omit “in the High Court under Part I of the Maintenance Orders Act 1958 or to an order which is for the time being registered”.

Section 10 Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972

In section 35(1A) , omit paragraph (b) and the “and” which precedes it.

Section 11 Amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972

Despite the repeals made by articles 7 and 9, sections 8(1) and 33(1) of the Maintenance Orders (Reciprocal Enforcement) Act 1972 do not apply to an order which is, and has been at all times since the day before the date this Order comes into force, registered in the High Court under Part 1 of the Maintenance Orders Act 1958 .

Section 12 Amendments to the Solicitors Act 1974

In section 68(2) of the Solicitors Act 1974 —

(a) for “shall” substitute “and the family court each”; and

(b) at the end insert “or (as the case may be) the family court”.

Section 13 Amendment to the Domestic Proceedings and Magistrates’ Courts Act 1978

In the title to section 28 of the Domestic Proceedings and Magistrates’ Courts Act 1978 for “county court” substitute “family court”.

Section 14 Amendments to the Charging Orders Act 1979

Section 1 of the Charging Orders Act 1979 is amended as follows.

Section 15 Amendments to the Charging Orders Act 1979

In subsection (2)(b), after “maintenance order of the High Court” insert “or an order for costs made in family proceedings in the High Court”.

Section 16 Amendments to the Charging Orders Act 1979

After subsection (8) insert—

(9) In this section “family proceedings” means proceedings in the Family Division of the High Court which are business assigned, by or under section 61 of (and Schedule 1 to) the Senior Courts Act 1981 , to that Division of the High Court and no other.

Section 17 Amendment to the Administration of Justice Act 1982

In section 38(1) of the Administration of Justice Act 1982 , after paragraph (a) insert—

(aa) the family court;

Section 18 Amendment to the Administration of Justice Act 1985

In paragraph 27(b) of Schedule 2 to the Administration of Justice Act 1985 , after “county court” insert “or the family court”.

Section 19 Amendment to the Courts and Legal Services Act 1990

In section 15(3) of the Courts and Legal Services Act 1990 , after “the High Court” insert “, the family court”.

Section 20 Amendment to the Taxation of Chargeable Gains Act 1992

In section 61(3)(a) of the Taxation of Chargeable Gains Act 1992 , before “and statutory deposits” insert “, money in the family court”.

Section 21 Amendment to the Jobseekers Act 1995

(1) In section 23(5)(a) of the Jobseekers Act 1995 for “a magistrates’ court” substitute “the family court”.

(2) The amendment made by paragraph (1) ceases to have effect on the coming into force of the repeal of section 23 of the Jobseekers Act 1995 by Part 1 of Schedule 14 to the Welfare Reform Act 2012 .

Section 22 Amendments to the Tribunals, Courts and Enforcement Act 2007

The Tribunals, Courts and Enforcement Act 2007 is amended as follows.

Section 23 Amendments to the Tribunals, Courts and Enforcement Act 2007

In section 95 after “High Court” insert “, the family court”.

Section 24 Amendments to the Tribunals, Courts and Enforcement Act 2007

In section 104—

(a) in the definition of “creditor”, in paragraph (a) after “through” insert “any court,”; and

(b) in the definition of “judgment debt”, in paragraphs (a) and (b), after “High Court” insert “, the family court”.

Section 25 Amendment to the Legal Services Act 2007

In the definition of “civil court” in section 194(10) of the Legal Services Act 2007 before the “or” at the end of paragraph (c), insert—

(ca) the family court,

Section 26 Amendments to the Legal Aid, Sentencing and Punishment of Offenders Act 2012

In Part 3 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 —

(a) after paragraph 5 insert—

(5A) Advocacy in proceedings in the family court.

(b) in paragraph 7 for “paragraphs 1, 11 to 13 and 15 to 18 of Part 1 of this Schedule” substitute—

the following provisions of Part 1 of this Schedule—

(a) paragraph 1(1)(e),

(b) paragraph 1(2) so far as relating to paragraph (1)(1)(e), and

(c) paragraphs 11(2), 12, 13(1)(e), 15 and 17(1)(a) and (b).