Clause 76

by inserting, immediately after the definition of “Conciliation Officer” in section 2, the following definition:“ “court” —

for the purposes of sections 13, 17, 20 and 59 and Parts VIII and X, means the High Court or a Family Court;

for the purposes of Part VII, means a Family Court; and

for the purposes of Part IX, means the High Court or a Family Court, and includes the Syariah Court constituted under the Administration of Muslim Law Act (Cap. 3);”;

by deleting the words “High Court” wherever they appear in the following provisions and substituting in each case the word “court”:Sections 13(2)(b), (3), (4) and (5), 17(2)(b)(ii) and 20(2), (3), (4) and (7);

by deleting the words “made to a judge” in section 13(4) and substituting the word “heard”;

by deleting the words “a judge” in section 13(7) and substituting the words “the court”;

by deleting the words “any Judge of the High Court” in section 59(1) and substituting the words “the court”;

by deleting the words “the Judge” in section 59(1) and substituting the words “the court”;

by deleting the word “he” wherever it appears in section 59(1) and substituting in each case the words “the court”;

by deleting subsections (2) and (3) of section 59 and substituting the following subsection:“(2) The court may, if either party so requires, hear any such application in chambers.”;

by deleting the definition of “court” in section 64;

by deleting subsection (2) of section 67;

by deleting the words “a District Court or a Magistrate’s Court and that Court” in section 69(1) and substituting the words “the court, and the court”;

by deleting the words “A District Court or a Magistrate’s Court” in section 69(2) and substituting the words “The court”;

by deleting the words “rules made under this Act” in section 71(1)(c) and substituting the words “Family Justice Rules made under section 79”;

by deleting the words “District Court” wherever they appear in the following provisions and substituting in each case the words “Family Court”:Sections 71(3) and 81(2);

by inserting, immediately after the word “rules” in section 71C(3)(c), the words “under section 180”;

by deleting the words “a District Court or a Magistrate’s Court, as the case may be,” in section 75(1) and substituting the words “a court,”;

by deleting the words “the District Court or the Magistrate’s Court” wherever they appear in the following provisions and substituting in each case the words “the Family Court”:Sections 76(1) and (2) and 77(3);

by deleting the words “District Court or Magistrate’s Court” in the section heading of section 76 and substituting the words “Family Court”;

by deleting subsection (1) of section 77 and substituting the following subsection:“(1) Subject to the provisions of this Part and Part VII, an appeal shall lie from any order or the refusal of any order by a Family Court under this Part and Part VII to the Family Division of the High Court exercising appellate civil jurisdiction under section 23 of the Family Justice Act 2014.”;

by repealing section 78;

by deleting the words “the rules made under subsection (1A)” in section 79(1) and substituting the words “Family Justice Rules made under this section”;

by deleting the words “a District Court or a Magistrate’s Court” in section 79(1) and substituting the words “a Family Court”;

by deleting the words “the District Court or the Magistrate’s Court” in section 79(1) and substituting the words “a District Court or Magistrate’s Court”;

by deleting subsections (1A), (2) and (3) of section 79 and substituting the following subsections:“(1A) The Family Justice Rules Committee constituted under section 46(1) of the Family Justice Act 2014 may make Family Justice Rules regulating and prescribing the procedure and the practice to be followed for the purposes of this Part and Part VII and any matters incidental to or relating to any such procedure or practice.(2) Without prejudice to the generality of subsection (1A), Family Justice Rules may be made for the following purposes:

prescribing the procedure for applications to the Family Court under this Part and Part VII;

giving effect to sections 65 and 66 and, in particular, providing for the hearing without delay of any application for an order under section 65(5)(a);

prescribing how any document (other than a summons issued under this Part) may be served on any person;

prescribing the procedure applicable to appeals from the Family Court brought under section 77;

prescribing the fees payable in relation to proceedings under this Part and Part VII.(3) The Family Justice Rules made under this section may, instead of providing for any matter, refer to any provision made or to be made about the matter by practice directions issued for the time being by the registrar of the Family Justice Courts.(3A) All Family Justice Rules made under this section shall be presented to Parliament as soon as possible after publication in the Gazette.”;

by deleting the words “by a District Court or Family Court” in section 79A(1);

by deleting the definition of “court” in section 80;

The Family Justice Rules Committee constituted under section 46(1) of the Family Justice Act 2014 may make Family Justice Rules regulating and prescribing the procedure and the practice to be followed for the purposes of this Part and any matters incidental to or relating to any such procedure or practice.(2) Without prejudice to the generality of subsection (1), Family Justice Rules may be made for the following purposes:

fixing and regulating the fees and costs payable in proceedings under this Part; and

providing for the forms to be used in proceedings under this Part.(3) The Family Justice Rules may, instead of providing for any matter, refer to any provision made or to be made about that matter by practice directions issued for the time being by the registrar of the Family Justice Courts.(4) All Family Justice Rules made under this section shall be presented to Parliament as soon as possible after publication in the Gazette.”;