HL Deb 24 October 1990 vol 522 c1438

121 Clause 60, page 45, line 36, at end insert:

`(2A) Any reference in any enactment, instrument or other document to an office which is, or includes, one to which this section applies shall be construed as a reference to, or (as the case may be) as including a reference to, that office by its new name.'.

122 Page 46, line 3, at end insert:

`(5A) In section 42 of the Matrimonial and Family Proceedings Act 1984 (which allows certain county court proceedings to be taken in the principal registry of the Family Division) the following subsection shall be inserted after subsection (4)—

"(4A) Where a district judge of the principal registry is exercising jurisdiction in any matrimonial cause or matter which could be exercised by a district judge of a county court, he shall have the same powers in relation to those proceedings as if he were a district judge of a county court and the proceedings were in a county court.".'.

123 Page 46, leave out lines 4 to 8.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 121 to 123. I speak also to Amendments Nos. 125, 261 and 262. These amendments, with the exception of Amendment No. 122 are purely drafting changes. Amendment No. 122 ensures that the disciplinary powers made available to district judges by Clause 60 are also available to district judges of the principal registry of the Family Division when exercising jurisdiction in county court matters under Section 42 of the Matrimonial and Family Proceedings Act 1984. In general, the principal registry of the Family Division district judges exercise a High Court jurisdiction. There is no present intention to alter their disciplinary powers when exercising that jurisdiction.

Section 42 of the Matrimonial and Family Proceedings Act 1984, however, confers jurisdiction on the principal registry of the Family Division district judges in certain county court matters. To ensure consistency of approach, it is considered right that when principal registry of the Family Division district judges are hearing these county court matters they should be able to deal with any of the disciplinary incidents which may arise, and are perhaps particularly likely to arise given the emotional nature of these family matters, in precisely the same way as could the district judges actually sitting in the county courts.

Moved, That the House do agree with the Commons in their Amendments Nos. 121 to 123.—(The Lord Chancellor.)

On Question, Motion agreed to.