§ [Nos. 98 to 103]
§ Clause 38, page 24, line 30, after ("child") insert ("by virtue of a custodianship order made by a magistrates' court")
§ Clause 38, page 24, line 39, after ("made") insert ("by a magistrates' court")
§ Clause 38, page 24, page 25, line 1, after ("money") insert ("made by a magistrates' court")
§ Clause 40, page 25, line 19, after second ("the") insert ("child or the")
§
Clause 40, page 25, line 25, after ("(1)") insert—
("(a) if the custodian is married to the child's mother, or (b).")
§ After Clause 40 insert the following new clause:
§ "(1) It is hereby declared that any jurisdiction conferred on a magistrates' court by virtue of this Part is exercisable notwithstanding that the proceedings are brought by or against a person residing outside England and Wales.
§ (2) A magistrates' court may, subject to subsection (3), proceed on an application for an order under this Part notwithstanding that the defendant has not been served with the summons, and rules may prescribe matters as to which the court is to be satisfied before proceeding in such a case.
§ (3) A magistrates' court shall not—
- (a) make an order under this Part requiring a person to make payments towards the maintenance of a child, or
- (b) vary an order under this Part so as to increase a person's liability to make payments towards the maintenance of a child,
§ (4) Rules may make provision as to the persons who are to be made defendants to a complaint for an order under this Part, and where there are two or more defendants to such a complaint the power of the court under section 55(1) of the Magistrates' Courts Act 1952 (power to award costs etc.) shall be deemed to include power, whatever adjudication the court makes, to order any of the parties to pay the whole or part of the costs of all or any of the parties.
§ (5) In this section "rules" means rules made under section 15 of the Justices of the Peace Act 1949'…"
§ Lord WELLS-PESTELLMy Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 98 to 103.
§ Moved, That this House doth agree with the Commons in the said Amendments.— (Lord Wells-Pestell.)
§ On Question, Motion agreed to.
856§ Lord STRABOLGIMy Lords, I beg to move that further consideration of the Commons Amendments be adjourned.
§ Moved, That further consideration of the Commons Amendments be adjourned. —(Lord Strabolgi.)
§ On Question, Motion agreed to.
§ The LORD CHANCELLOR informed the House, That he had received from the Chief Bankruptcy Registrar of the High Court of Justice a Certificate that Richard John Earl of Lucan was on the 20th day of August 1975 adjudged to be a Bankrupt.