(1) The Court may, on any application under this Act, appoint the Registrar of the Court, or such other person as the Court thinks fit, to make an inquiry into the matters of fact in issue between the parties, and to report thereon to the Court.
(2) A copy of every such report shall be given to the lawyer appearing for each party to the proceedings or, if any party is not represented by a lawyer, to that party. Any party may tender evidence on any matter referred to in any such report.
(3) The Court may, on any application under this Act, with the consent of the parties, appoint the Registrar of the Court, or such other person as the Court thinks fit, to settle a scheme in respect of the property comprised in the application and to submit it to the Court for approval.
(4) Fees payable to any person (other than the Registrar) appointed under subsection (1) or subsection (3) of this section, and reasonable expenses incurred,—
(a) May be determined in accordance with regulations made under this Act; and
(b) Are payable out of public money appropriated by Parliament for the purpose.
Provided that, if the Court thinks proper, it may order any party to refund to the Crown such amount as the Court specifies in respect of those fees and expenses, and that amount shall be a debt due to the Crown by that party and, in default of payment of the amount, payment thereof may be enforced, by order of a District Court or the High Court as the case may require, in the same manner as a judgment of that Court.
Subsection (2) was amended, as from 1 February 2002, by section 42(a) Property (Relationships) Amendment Act 2001 (2001 No 5) by substituting the words “the lawyer”
for the words “the solicitor or counsel”
. See Part 9 of this Act as to the transitional and saving provisions.
Subsection (2) was amended, as from 1 February 2002, by section 42(b) Property (Relationships) Amendment Act 2001 (2001 No 5) by substituting the words “by a lawyer”
for the words “by solicitor or counsel”
. See Part 9 of this Act as to the transitional and saving provisions.
A reference in subsection (4) to the “Consolidated Revenue Account”
was substituted, as from 1 April 1978, by a reference to the “Consolidated Account”
pursuant to section 114(6) Public Finance Act 1977 (1977 No 65). That reference was replaced, as from 1 July 1989, by a reference to the “Crown Bank Account”
pursuant to section 83(7) Public Finance Act 1989 (1989 No 44).
Subsection (4) was substituted, as from 1 July 1994, by section 4 Matrimonial Property Amendment Act 1994 (1994 No 45).
Subsection (4)(b) was amended, as from 1 July 1995, by section 10(1) Department of Justice (Restructuring) Act 1995 (1995 No 39) by substituting the words “Bank Account operated by the Department for Courts”
for the words “Bank Account”
.
Subsection (4)(b) was substituted, as from 3 June 1998, by section 3 Matrimonial Property Amendment Act 1998 (1998 No 54).