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Amendment of Jurisdiction of Courts and Enforcement of Judgments Act 1998
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84. The Jurisdiction of Courts and Enforcement of Judgments Act 1998 is amended—
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(a) in section 4, in paragraph (b) of the definition of “enforcement order”, by the substitution of “decision of the High Court or, where the Family High Court has jurisdiction, a decision of the Family High Court relating to the Master’s decision” for “decision of the High Court relating to the Master’s decision”,
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(b) in section 8—
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(i) in subsection (1)(b), by the substitution of “High Court or, where the Family High Court has jurisdiction, the Family High Court” for “High Court”, and
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(ii) in subsection (6), by the substitution of “Family District Court” for “District Court”,
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(c) in section 9—
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(i) in subsection (1), by the substitution of “Family District Court” for “District Court”,
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(ii) in subsection (2), by the substitution of “Family District Court” for “District Court”,
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(iii) in subsection (3), by the substitution of “Family District Court” for “District Court”,
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(iv) in subsection (7)—
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(I) by the substitution of “Family District Court” for “District Court”, and
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(II) by the substitution of “Family District Court district” for “district court district” in both places where it occurs,
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(v) in subsection (8)—
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(I) in paragraph (a), by the substitution of “Family District Court district” for “district court area”, and
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(II) in paragraph (b), by the substitution of “the Family District Court” for “the District Court”,
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(vi) in subsection (13), by the substitution of “Family District Court district” for “district court area”,
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(vii) in subsection (15), by the substitution of “Family District Court district” for “district court area”, and
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(viii) in subsection (16), by the substitution of “Family District Court district” for “district court area”,
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(d) in section 13—
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(i) in subsection (1), by the substitution of “High Court or the Family High Court, as the case may be, may grant any provisional, including protective, measures of any kind that the Court concerned” for “High Court may grant any provisional, including protective, measures of any kind that the Court”,
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(ii) in subsection (2), by the substitution of “High Court or the Family High Court, as the case may be, may refuse to grant the measures sought if, in its opinion, the fact that, apart from this section, the Court concerned” for “High Court may refuse to grant the measures sought if, in its opinion, the fact that, apart from this section, that Court”, and
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(iii) in subsection (3), by the substitution of “High Court or the Family High Court, as the case may be, has power” for “High Court has power”,
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(e) in section 16—
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(i) by the substitution of the following subsection for subsection (1):
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“(1) Subject to Title II of the 1968 Convention—
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(a) the jurisdiction of the Circuit Court respecting proceedings that may be instituted in the State by virtue of Article 2, 8.1, 11, 14 or 16(1)(b) of that Convention shall be exercised by the judge of that Court for the time being assigned to the circuit where the defendant, or one of the defendants, ordinarily resides or carries on any profession, business or occupation, and
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(b) the jurisdiction of the Family Circuit Court respecting proceedings that may be instituted in the State by virtue of Article 2, 8.1, 11, 14 or 16(1)(b) of that Convention shall be exercised by the judge of that Court for the time being assigned to the Family Circuit Court circuit where the defendant, or one of the defendants, ordinarily resides or carries on any profession, business or occupation.”,
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and
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(ii) in subsection (2), by the substitution of “jurisdiction of the Circuit Court or the Family Circuit Court, as the case may be,” for “Circuit Court’s jurisdiction”,
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(f) in section 20A(1), in paragraph (b)(ii) of the definition of “enforcement order”, by the substitution of “High Court or, where the Family High Court has jurisdiction, the Family High Court” for “High Court”,
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(g) in section 20F—
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(i) in subsection (1), by the substitution of the following paragraph for paragraph (b):
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“(b) may be enforced by the High Court or, in respect of matters within the jurisdiction of the Family High Court, by the Family High Court, and proceedings taken on it, as if it were a judgment of the High Court or the Family High Court, as the case may be.”,
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and
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(ii) in subsection (6), by the substitution of “Family District Court” for “District Court”,
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(h) in section 20G—
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(i) in subsection (1), by the substitution of “Family District Court” for “District Court”,
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(ii) in subsection (2), by the substitution of “Family District Court” for “District Court”,
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(iii) in subsection (3), by the substitution of “Family District Court” for “District Court”,
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(iv) in subsection (7)—
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(I) by the substitution of “Family District Court” for “District Court”, and
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(II) by the substitution of “Family District Court district” for “district court district” in both places where it occurs,
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(v) in subsection (8)—
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(I) in paragraph (a), by the substitution of “Family District Court district” for “district court area”, and
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(II) in paragraph (b), by the substitution of “the Family District Court” for “the District Court”,
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(vi) in subsection (9)(b), by the substitution of “Family District Court” for “District Court”,
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(vii) in subsection (12), by the substitution of “Family District Court district” for “district court area”,
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(viii) in subsection (14), by the substitution of “Family District Court district” for “district court area”, and
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(ix) in subsection (15), by the substitution of “Family District Court district” for “district court area”,
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(i) in section 20K—
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(i) in subsection (1), by the substitution of “High Court or, in respect of matters within the jurisdiction of the Family High Court, the Family High Court may, on application to it pursuant to Article 31, grant any provisional measures, including protective measures, that the Court concerned” for “High Court may, on application to it pursuant to Article 31, grant any provisional measures, including protective measures, that the Court”,
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(ii) in subsection (2), by the substitution of “High Court or the Family High Court, as the case may be,” for “High Court”, and
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(iii) in subsection (3), by the substitution of “High Court or the Family High Court, as the case may be, has power” for “High Court has power”,
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and
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(j) in section 20M—
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(i) by the substitution of the following subsection for subsection (1):
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“(1) Subject to Articles 2 to 31—
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(a) the jurisdiction of the Circuit Court in proceedings that may be instituted in the State by virtue of Article 2, 9(1)(a), 12(1), 16(2), 19(1) or 20(1) or the proviso to Article 22(1) shall be exercised by the judge of the Court for the time being assigned to the circuit where the defendant, or one of the defendants, ordinarily resides or carries on any profession, business or occupation, and
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(b) the jurisdiction of the Family Circuit Court in proceedings that may be instituted in the State by virtue of Article 2, 9(1)(a), 12(1), 16(2), 19(1) or 20(1) or the proviso to Article 22(1) shall be exercised by the judge of the Family Circuit Court for the time being assigned to the Family Circuit Court circuit where the defendant, or one of the defendants, ordinarily resides or carries on any profession, business or occupation.”,
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and
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(ii) in subsection (2), by the substitution of “jurisdiction of the Circuit Court or the Family Circuit Court, as the case may be,” for “Circuit Court’s jurisdiction”.
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