Domestic Proceedings and Magistrates’ Courts Act 1978

(53A) (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, or (b) periodical payments are required to be made to a child under an order which is registered in a magistrates' court, 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 (ii) may either proceed in his own name for the recovery of any sum required to be paid under the order or request the clerk to the magistrates' court, under subsection (3) of section 52 of this Act, to proceed for the recovery of that sum. (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 or registered in 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) of this section 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. (5) In this section references to the person with whom a child has his home shall be construed in accordance with Part IV of the Children Act 1975, except that, in the case of any child in the care of a local authority, the local authority shall be treated for the purposes of this section as the person with whom the child has his home. (6) In this section any reference to an order registered in a magistrates' court is a reference to an order registered in a magistrates' court under Part II of the Maintenance Orders Act 1950 or Part I of the Maintenance Orders Act 1958. (7) In this section the expression " child " means a person who has not attained the age of eighteen.

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Penalties for disobeying orders other than for the payment of money

78

• (1) In section 54(3) of the Magistrates' Courts Act 1952 (which provides penalties for disobeying orders other than for the payment of money) for the words from " the court may " to the end of the subsection there shall be substituted the words " 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 £1,000; or

• (b) commit him to custody until he has remedied his default or for a period not exceeding two 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 two 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).".

• (2) For subsection (4) of the said section 54 there shall be substituted the following subsection—

(4) Any sum ordered to be paid under the last preceding subsection shall for the purposes of this Act be treated as adjudged to be paid by a conviction of a magistrates' court.

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Meaning of " domestic proceedings "

79

• (1) For subsection (1) of section 56 of the Magistrates' Courts Act 1952 (which defines " domestic proceedings " for the purposes of that Act) there shall be substituted the following subsections—

(1) In this Act " domestic proceedings " means proceedings under any of the following enactments, that is to say— (a) the Maintenance Orders (Facilities for Enforcement) Act 1920; (b) section 87 or section 88 of the Children and Young Persons Act 1933; (c) section 43 or section 44 of the National Assistance Act 1948; (d) section 26 of the Children Act 1948 ; (e) section 3 of the Marriage Act 1949 ; (f) the Affiliation Proceedings Act 1957 ; (g) the Guardianship of Minors Acts 1971 and 1973 ; (h) Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972; (i) Part II of the Children Act 1975 ; (j) the Adoption Act 1976, except proceedings under section 34 of that Act; (k) section 18 or section 19 of the Supplementary Benefits Act 1976; (l) Part I of the Domestic Proceedings and Magistrates' Courts Act 1978 ; (m) section 53 of this Act; except that, subject to subsection (1A) 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. (1A) 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 (l) of subsection (1) of this section ; (b) proceedings (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 Attachment 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 Maintenance Orders Act 1950 or Part I of the Maintenance Orders Act 1958 or for the variation of the rate of payments specified by such an order, may if it thinks fit order that those proceedings and any other proceedings being heard therewith shall, notwithstanding anything in subsection (1) of this section, be treated as domestic proceedings for the purposes of this Act. (1B) Where the same parties are parties— (a) to proceedings which are domestic proceedings by virtue of subsection (1) of this section, and (b) to proceedings which the court has power to treat as domestic proceedings by virtue of subsection (1A) of this section, and the proceedings are heard together by a magistrates' court, the whole of those proceedings shall be treated as domestic proceedings for the purposes of this Act. (1C) No appeal shall lie from the making of, or refusal to make, an order under subsection (1A) of this section. (1D) Until the Adoption Act 1976 comes into force subsection (1) of this section shall have effect as if for paragraph (j) thereof there were substituted the following paragraph— (j) 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.

Domestic courts

80

After section 56 of the Magistrates' Courts Act 1952 there shall be inserted the following sections—

(56A) (1) Magistrates' courts constituted in accordance with the provisions of this section and sitting for the purpose of hearing domestic proceedings shall be known as domestic courts. (2) A justice shall not be qualified to sit as a member of a domestic court unless he is a member of a domestic court panel, that is to say a panel of justices specially appointed to deal with domestic proceedings. (3) Without prejudice to the generality of the power to make rules under section 15 of the Justices of the Peace Act 1949 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 domestic court panels and the eligibility of justices to be members of such panels ; (b) the appointment of persons as chairmen of domestic courts; and (c) the composition of domestic courts. (4) Any provision made by rules by virtue of subsection (3) of this section for the formation of domestic court panels shall include provision for the formation of at least one domestic court panel for each commission area, but provision shall not be made by the rules for the formation of more than one domestic court panel for any petty sessions area. (5) Rules made by virtue of subsection (3) of this section 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 domestic court panels by him and for the removal from a domestic court panel of any justice who, in his opinion, is unsuitable to serve on a domestic court. (6) Rules made by virtue of subsection (3) of this section may make different provision in relation to different areas for which domestic court 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) of this section to the Lord Chancellor there shall be substituted a reference to the Chancellor of the Duchy of Lancaster. (7) A stipendiary magistrate who is a member of a domestic court panel may, notwithstanding anything in section 56(2) of this Act, hear and determine domestic proceedings when sitting alone. (8) Nothing in this section shall require the formation of a domestic court panel for the City of London. (56B) (1) Where the Secretary of State considers— (a) that a combined domestic court panel should be formed for two or more petty sessions areas, or (b) that any combined domestic court panel which has been so formed should be dissolved, he may direct the magistrates' court committee for the area concerned to review the functioning of domestic courts in their area and on completion of the review to submit a report to the Secretary of State. (2) Where the Secretary of State gives a direction under subsection (1) of this section 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 six months from the giving thereof, after the expiration of that period of six months, the Secretary of State may if he thinks fit, make an order for the formation of a combined domestic court panel for the petty sessions areas concerned or, as the case may be, for the dissolution of the combined domestic court panel concerned. (3) Where the Secretary of State proposes to make an order under subsection (2) of this section, 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 domestic court panel which is concerned. (4) Where a copy of the proposed order is required to be sent under subsection (3) of this section to any committee or panel, the Secretary of State 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 Secretary of State under subsection (2) of this section shall be made by statutory instrument and may be revoked or varied by a subsequent order thereunder. (6) Any order made under subsection (2) of this section may contain supplementary, incidental and consequential provisions. (7) In the application of this section to the inner London area (within the meaning of the Administration of Justice Act 1964) any reference to the magistrates' courts committee shall be treated as a reference to the committee of magistrates.

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Persons who may be present during hearing of domestic proceedings

81

• (1) For subsection (2) of section 57 of the Magistrates' Courts Act 1952 there shall be substituted the following subsection—

(2) In the case of domestic proceedings in a magistrates' court other than proceedings under the Adoption 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 solicitors and counsel, 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.

.

• (2) After subsection (2) of section 57 of the Magistrates' Courts Act 1952 there shall be inserted the following subsections—

(2A) In relation to any domestic proceedings under the Adoption Act 1976, subsection (2) of this section shall apply with the omission of paragraphs (c) and (d). (2B) Until the coming into operation of the Adoption Act 1976 this section shall have effect as if for any reference to that Act there were substituted a reference to the Adoption Act 1958, the Adoption Act 1960 and Part I of the Children Act 1975.

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Restriction on newspaper reports of domestic proceedings

82

• (1) In subsection (1) of section 58 of the Magistrates' Courts Act 1952 (which relates to newspaper reports of domestic proceedings) at the beginning there shall be inserted the words " In the case of domestic proceedings in a magistrates' court (other than proceedings under the Adoption Act 1976) " and for the words " domestic proceedings in a magistrates' court" there shall be substituted the words " the proceedings ".

• (2) After subsection (1) of the said section 58 there shall be inserted the following subsections—

(1A) In the case of domestic proceedings in a magistrates' court under the Adoption Act 1976, subsection (1) 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. (1B) Until the coming into operation of the Adoption Act 1976 this section shall have effect as if for any reference to that Act there were substituted a reference to the Adoption Act 1958, the Adoption Act 1960 and Part I of the Children Act 1975.

.

• (3) For subsection (2) of the said section 58 there shall be substituted the following subsection—

(2) Any person acting in contravention of this section shall be liable on summary conviction to a fine not exceeding £500.

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Reports by probation officers on means of parties

83

Section 60 of the Magistrates' Courts Act 1952 (which provides that a court which has requested a probation officer to investigate the means of parties may require the probation officer to furnish to the court a statement in writing or make an oral statement about his investigation) shall have effect subject to the following provisions—

• (a) in subsection (1) the word " periodical" and the words " or in any proceedings in any matter of bastardy " shall be omitted;

• (b) in subsection (2) the words " which shall be read aloud in the presence of such parties to the proceedings as may be present at the hearing " shall be omitted;

• (c) for subsection (3) there shall be substituted the following subsections—

(3) Where the court requires a probation officer to furnish a statement in writing under subsection (2) of this section— (a) a copy of the statement shall be given to each party to the proceedings or to his counsel or solicitor at the hearing; and (b) the court may, if it thinks fit, require that the statement, or such part of the statement as the court may specify, shall be read aloud at the hearing. (3A) The court may and, if requested to do so at the hearing by a party to the proceedings or his counsel or solicitor shall, require the probation officer to give evidence about his investigation, and if the officer gives such evidence, any party to the proceedings may give or call evidence with respect to any matter referred to either in the statement or in the evidence given by the officer.

;

• (d) in subsection (4) for the words " subsection (3)" there shall be substituted the words " subsection (3A) ".

Part V — Supplementary Provisions

Reasons for decisions in domestic proceedings

84

Periodical payments payable by one person under more than one order

85

• (1) The power to make rules conferred by section 15 of the Justices of the Peace Act 1949 shall, without prejudice to the generality of subsection (1) of that section, include power to 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 a clerk to 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 that clerk 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).

• (2) In this section—

• "child" means a person who has not attained the age of eighteen;

• " periodical payments order " means an order made by a magistrates' court, or registered in a magistrates court under Part II of the Maintenance Orders Act 1950 or Part I of the Maintenance Orders Act 1958, 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.

Amendment of Administration of Justice Act 1964

86

Expenses

87

There shall be defrayed out of moneys provided by Parliament any increase attributable to this Act in the sums payable out of moneys so provided under any other enactment.

Interpretation

88

• (1) In this Act—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “child”, in relation to one or both of the parties to a marriage, includes a child whose father and mother were not married to each other at the time of his birth;

• “child of the family”, in relation to the parties to a marriage, means—a child of both of those parties; andany other child, not being a child who is placed with those parties as foster parents by a local authority or voluntary organisation, who has been treated by both of those parties as a child of their family;

• “commission area” has the same meaning as in the Justices of the Peace Act 1997;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “local authority” means the council of a county (other than a metropolitan county), of a metropolitan district or of a London borough, or the Common Council of the City of London;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “maintenance assessmentmaintenance calculation” has the same meaning as it has in the Child Support Act 1991 by virtue of section 54 of that Act as read with any regulations in force under that section.

• “petty sessions area” has the same meaning as in the Justices of the Peace Act 1997;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) References in this Act to the parties to a marriage living with each other shall be construed as references to their living with each other in the same household.

• (3) For the avoidance of doubt it is hereby declared that references in this Act to remarriage include references to a marriage which is by law void or voidable.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Any reference in this Act to an enactment shall be construed as a reference to that enactment as amended or extended by or under any subsequent enactment, including this Act.

Transitional provisions, amendments, repeals and commencement

89

• (1) The transitional provisions contained in Schedule 1 to this Act shall have effect.

• (2) Subject to the transistional provisions contained in Schedule 1 to this Act—

• (a) the enactments specified in schedule 2 to this act shall have effect subject to the amendments specified in that Schedule (being minor amendments and amendments consequential on the preceding provisions of this act), and

• (b) the enactments specified in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

• (3) This Act shall come into force on such date as the Secretary of State may by order made by statutory instrument appoint and different dates may be appointed for, or for different purposes of, different provisions.

• (4) Without prejudice to the transitional provisions contained in Schedule 1 to this Act, an order under subsection (3) above may make such further transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of the provisions thereby brought into force or any provision of this Act then in force as appear to him to be necessary or expedient in consequence of the partial operation of this Act or the Children Act 1975.

• (5) An order under subsection (3) above may repeal any provision of this Act which has ceased to have effect by reason of the coming into force of the Adoption Act 1976.

• (6) The inclusion in this Act of any express transitional provision or amendment shall not be taken as prejudicing the general application of section 38 of the Interpretation Act 1889 with regard to the effect of repeals.

Short title and extent

90

• (1) This Act may be cited as the Domestic Proceedings, and Magistrates’ Courts Act 1978.

• (2) Except for the following provisions, that is to say—

• (a) sections 54, 55, 60, 61, 74(1) and (3), 87, 88(5), 89(2) (a), (3) and (4) and this section, and

• (b) paragraphs 1, 12, 13, 14, 17 and 18 of Schedule 2

this Act does not extend to Scotland.

• (3) Except for the following provisions, that is to say—

• (a) sections 54, 59, 74(5), 88(5), 89(2), (3) and (4) and this section, and

• (b) paragraphs 12, 13, 14 and 33 of Schedule 2 and Schedule 3,

this Act does not extend to Northern Ireland, and in section 88(5) of this Act any reference to an enactment includes a reference to an enactment contained in an Act of the Parliament of Northern Ireland or a Measure of the Northern Ireland Assembly.

SCHEDULE 1

1

This Act (including the repeals and amendments made by it) shall not have effect in relation to any application made under any enactment repealed or amended by this Act if that application is pending at the time when the provision of this Act which repeals or amends that enactment comes into force.

2

Any order made or other thing done under the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 which is in force immediately before the coming into force of Part I of this Act shall not be affected by the repeal by this Act of that Act, and the provisions of that Act shall after the coming into force of the said Part I apply in relation to such an order, and to an order made under that Act by virtue of paragraph 1 above, subject to the following modifications—

• (a) on a complaint for the revocation of the order the court shall not be bound under section 8 of that Act to revoke the order by reason of an act of adultery committed by the person on whose complaint the order was made;

• (b) on a complaint for the variation, revival or revocation of the order, the court, in exercising its powers under the said section 8 in relation to a provision of the order requiring the payment of money, shall have regard to any change in any of the matters to which the court would have been required to have regard when making that order if the order had been made on an application under section 2 of this Act;

• (bb) on a complaint after the coming into force of paragraph 27 of Schedule 1 to the Matrimonial and Family Proceedings Act 1984 for the variation, revival or revocation of the order, the court, in exercising its powers under the said section 8 in relation to any provision of the order requiring the payment of money, shall have power to order that payments required to be made for the maintenance of a child of the family shall be made to the child himself.

• (c) where the order contains a provision for the legal custody of a child, the court shall have power, on a complaint made by a grandparent of the child, to vary that order under the said section 8 by the addition to the order of a provision requiring access to the child to be given to that grandparent;

• (d) where the court, by virtue of paragraph (c) above, varies the order by the addition of a provision requiring access to a child to be given to a grandparent, the court shall have power to vary or revoke that provision on a complaint made—

• (i) by that grandparent, or

• (ii) by either party to the marriage in question, or

• (iii) where the child is not a child of both the parties to the marriage, by any person who though not a party to the marriage is a parent of the child, or

• (iv) where under the order a child is for the time being committed to the legal custody of some person other than one of the parents or a party to the marriage, by the person to whose legal custody the child is committed by the order.

3

The amendment by this Act of any enactment shall not affect the operation of that enactment in relation to any order made or having effect as if made under the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 (including an order made under that Act by virtue of paragraph 1 above) or in relation to any decision of a magistrates’ court made on an application for such an order or for the variation, revival or revocation of such an order but as respects enactments amended by this Act in their application in relation to orders made or decisions on applications for orders or for the variation, revival or revocation of orders made or having effect as if made under other Acts those enactments shall apply as amended by this Act.

4

Any reference in paragraph 1 above to an application made under an enactment repealed by this Act shall be construed as including a reference to an application which is treated as a complaint under section 1 of the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 by virtue of section 27 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 and any reference in paragraph 2, 3 or 3A above to an order made under the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 shall be construed as including a reference to an order which is made under that Act by virtue of section 28 of the Maintenance Orders (Reciprocal Enforcement) Act 1972

5

A provision contained in section 72 . . . of this Act shall not apply in relation to proceedings commenced before the coming into force of that provision.

6

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

7

The amendment by subsection (3) of section 82 of this Act of section 58(2) of the Magistrates' Courts Act 1952 shall not affect the punishment for an offence under the said section 58 which is committed before the date on which the said subsection (3) comes into force, except that a person shall not be liable to imprisonment in respect of an offence for which proceedings are commenced after that date even if the offence was committed before that date.

8

A provision of Schedule 2 to this Act which relates to the punishment by way of fine which may be imposed for any offence shall not affect the punishment which may be imposed for an offence which is committed before the date on which that provision comes into force.

SCHEDULE 2

The Sheriff Courts (Scotland) Act 1907 (c. 51)

1

In section 5 of the Sheriff Courts (Scotland) Act 1907—

• (a) in subsection (2), after the words “Actions of aliment ”, there shall be inserted the words “(other than any action mentioned in sub-section (2A) below) ” ;

• (b) the following subsection shall be inserted after subsection (2)—

(2A) Actions, arising out of an application under section 31(1) of the Maintenance Orders (Reciprocal Enforcement) Act 1972, for the recovery of maintenance:

; and

• (c) in the final proviso, for the words “the second sub-section ” there shall be substituted the words “sub-section (2) or (2A) ”.

The Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)

2

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

The Children and Young Persons Act 1933 (c. 12)

3

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

4

In section 88 of that Act—

• (a) in subsections (1), (2) and (4) for the words "having jurisdiction in the place " there shall be substituted the words " appointed for the commission area ".

• (b) in subsection (2)(c) for the words " £10 " there shall be substituted the words " £50 ".

5

In section 107(1) of that Act after the definition of " child " there shall be inserted the following definition—

• ' commission area' has the same meaning as in section 1 of the Administration of Justice Act 1973.

The National Assistance Act 1948 (c. 29)

6

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

7

In section 44(2) of that Act for the words “having jurisdiction in the place ” there shall be substituted the words “appointed for the commission area (within the meaning of section 1 of the Administration of Justice Act 1973). ”

The Children Act 1948 (c. 43)

8

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

The Marriage Act 1949 (c. 76)

9

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

The Justices of the Peace Act 1949 (c. 101)

10

In section 13(4) of the Justices of the Peace Act 1949 after the words “juvenile ” there shall be inserted the words “or domestic ”.

The Maintenance Orders Act 1950 (c. 37.)

11

In section 3(2) of the Maintenance Orders Act 1950 for the words “having jurisdiction in the place ” there shall be substituted the words “appointed for the commission area (within the meaning of the Administration of Justice Act 1973) ”.

12

In section 15(1)(a) of that Act for sub-paragraph (ii) there shall be substituted the following sub-paragraph—

(ii) section 24(1) and 30(3) of the Domestic Proceedings and Magistrates’ Courts Act 1978

.

13

In section 16(2)(a) of that Act, for sub-paragraph (ii) there shall be substituted the following sub-paragraph—

(ii) Part 1 of the Domestic Proceedings and Magistrates’ Courts Act 1978.

14

In section 22(1) of that Act after the words “person liable to make ”, in the first place where they occur, there shall be inserted the word “periodical ”.

The Magistrates' Courts Act 1952 (c. 55)

15

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

The Affiliation Proceedings Act 1957 (c. 55)

16

In section 9(2) of the Affiliation Proceedings Act 1957 for the words “£10 ” there shall be substituted the words “£50 ”.

The Adoption Act 1958 (7 & 8 Eliz. 2 c. 5)

17

In section 32(2) of the Adoption Act 1958 for the words “subsection (2) ” there shall be substituted the words “subsection (1A) ”.

18

In section 34A(3) of that Act—

• (a) for the words “the authority ”, in the first place where those words occur, there shall be substituted the words “a local authority ” ;

• (b) after the words “the authority ”, in the second place where those words occur, there shall be inserted the words “in whose care the child is ” ;

• (c) for the words “the court ” there shall be substituted the words “a court ”.

The County Courts Act 1959 (c. 22)

19

In section 109(2) of the County Courts Act 1959—

• (a) in paragraph (g) for the words “section 13A of the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 ” there shall be substituted the words “section 35 of the Domestic Proceedings and Magistrates’ Courts Act 1978 ” ;

• (b) in paragraph (h) after the words “proceedings under ” there shall be inserted the words “section 34 or 34A of the Adoption Act 1958 ; ”

• (c) in paragraph (i) for the words “section 29 ” there shall be substituted the words “section 27, 28, 29 ”.

The Children and Young Persons Act 1963 (c. 51)

20

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

Administration of Justice Act 1964 (c. 42)

21

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

The Health Services and Public Health Act 1968 (c. 46)

22

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

23

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

The Children and Young Persons Act 1969 (c. 54)

24

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

The Administration of Justice Act 1970 (c. 31)

25

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

26

In Schedule 8 of that Act in paragraph 3 for the words “or having effect as if made under the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 ” there shall be substituted the words “under Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978 ”.

The Local Authority Social Services Act 1970 (c. 42)

27

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

The Matrimonial Proceedings and Property Act 1970 (c. 45)

28

In section 30(2) of the Matrimonial Proceedings and Property Act 1970 for the words “Subsections (4), (5) and (6) of section 7 of the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 ” there shall be substituted the words “Section 4(2) of the Domestic Proceedings and Magistrates’ Courts Act 1978 ”, for the words “section 2(1)(b) or (c) ” there shall be substituted the words “section 2(1)(a) ” and for the words “as they apply in relation to such an order as is referred to in the said subsection (4) ” there shall be substituted the words “as it applies in relation to an order made under section 2(1)(a) of the Domestic Proceedings and Magistrates’ Courts Act 1978 ”.

The Guardianship of Minors Act 1971 (c. 3)

29

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

30

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

31

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

The Attachment of Earnings Act 1971 (c. 32)

32

In Schedule 1 to the Attachment of Earnings Act 1971 in paragraph 4 for the words “or having effect as if made under the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 ” there shall be substituted the words “under Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978 ”.

The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

33

In section 8(3) of the Maintenance Orders (Reciprocal Enforcement) Act 1972 for the words “£10 ” there shall be substituted the words “£50 ”.

34

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

35

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

36

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

37

In section 42(1) of that Act for the words “section 2(1)(b) or (c) of the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 (payment of weekly sums by husband or wife) ” there shall be substituted the words “section 2(1)(a) of the Domestic Proceedings and Magistrates’ Courts Act 1978 (making of periodical payments by husband or wife) ”.

The Matrimonial Causes Act 1973 (c. 18)

38

In section 4(1) of the Matrimonial Causes Act 1973 after the words “the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 ” there shall be inserted the words “or Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978 ”.

39

In section 47(2)(e) of that Act for the words “the Matrimonial Proceedngs (Magistrates’ Courts) Act 1960 ” there shall be substituted the words “Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978 ”.

40

In section 50(2)(b) of that Act for the words “the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 ” there shall be substituted the words “Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978 ”.

The Guardianship Act 1973 (c. 29)

41

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

42

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43

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44

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

The Legal Aid Act 1974 (c. 4)

45

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

The Children Act 1975 (c. 72)

46

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

47

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

48

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

49

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

The Adoption Act 1976 (c. 36)

50

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

51

In section 63(4) of that Act the words “to remove a child from a person’s custody under section 27 or 28 or ” shall be omitted.

52

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

The Domestic Violence and Matrimonial Proceedings Act 1976 (c. 50)

53

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

The Supplementary Benefits Act 1976 (c. 71)

54

In section 19(2) of the Supplementary Benefits Act 1976 for the words “acting for the petty sessions area ” there shall be substituted the words “appointed for the commission area (within the meaning of section 1 of the Administration of Justice Act 1973) ”

SCHEDULE 3

Powers of court to make orders for financial provision.

Interim orders.

20ZA

• (1) Subject to subsections (7) and (8) below, the power of the court under section 20 of this Act to vary an order for the making of periodical payments shall include power, if the court is satisfied that payment has not been made in accordance with the order, to exercise one of its powers under section 1(4) and (4A) of the Maintenance Enforcement Act 1991.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Subsection (6) of section 1 of the Maintenance Enforcement Act 1991 (power of court to order that account be opened) shall apply for the purposes of subsection (1) above as it applies for the purposes of that section.

• (7) Before varying the order by exercising one of its powers under section 1(4) and (4A) of the Maintenance Enforcement Act 1991, the court shall have regard to any representations made by the parties to the application.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) None of the powers of the court ... conferred by this section shall be exercisable in relation to an order under this Part of this Act for the making of periodical payments unless, at the time when the order was made, the person required to make the payments was ordinarily resident in England and Wales.

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

20A

• (1) Where an order made by the family court under this Part of this Act for the making of periodical payments to or in respect of a child (other than an interim maintenance order) ceases to have effect—

• (a) on the date on which the child attains the age of sixteen, or

• (b) at any time after that date but before or on the date on which he attains the age of eighteen,

the child may apply to the court ... for an order for its revival.

• (2) If on such an application it appears to the court that—

• (a) the child is, will be or (if an order were made under this subsection) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment, or

• (b) there are special circumstances which justify the making of an order under this subsection,

the court shall have power by order to revive the order from such date as the court may specify, not being earlier than the date of the making of the application.

• (3) An order revived under this section may be varied or revoked under section 20 in the same way as it could have been varied or revoked had it continued in being.

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

Eligibility for Legal Aid in Scotland for proceedings under Maintenance Orders Reciprocal Enforcement) Act 1972.

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

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

Transitional provisions, amendments, repeals and commencement.

Expenses.

Transitional provisions, amendments, repeals and commencement.

3A

Any order for the payment of money in force under the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 (including any such order made under that Act by virtue of paragraph 1 above) shall be enforceable as a magistrates’ court maintenance order.

Editorial notes