§
[No. 25.]
After Clause 27, insert the following new clause:
§ Jurisdiction of, and appeal on question of fact from, county courts
§ "—(1) The jurisdiction conferred on a county court by section 11 or section (Orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage) of this Act or paragraph 5 of Schedule 1 thereto shall be exercisable by a county court notwithstanding that by reason of the amount claimed in an application made under either of those sections or the said paragraph 5. as the case may be, the jurisdiction would not but for this subsection be exercisable by a county court.
§
(2) At the end of subsection (2) of section 109 of the County Courts Act 1959 (appeals on questions of fact) there shall be inserted the following paragraph:—
'(g) any proceedings on an application for an order under section 13A of the Matrimonial Proceedings (Magistrates' Courts) Act 1.960, section 11 of the Matrimonial Proceedings and Property Act 1970, section 15 of that Act, section (Orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage) thereof or paragraph 5 of Schedule 1 thereto.'
§ THE LORD CHANCELLORMy Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 25. This new clause confers on a county court jurisdiction, irrespective of the amount involved, in the case of an application for the repayment of excess payments under a maintenance order. It also confers a right of appeal to the Court of Appeal on a question of fact from an order of a county court made on such an application, or on any other applications specified in this new clause.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(The Lord Chancellor.)
§ On Question, Motion agreed to.