Domestic Proceedings and Magistrates’ Courts Act 1978

Reasons for decisions in domestic proceedings

84

Periodical payments payable by one person under more than one order

85

• (1) The power to make rules conferred by section 15 of the Justices of the Peace Act 1949 shall, without prejudice to the generality of subsection (1) of that section, include power to make provision—

• (a) for enabling a person to make one complaint for the recovery of payments required to be made to him by another person under more than one periodical payments order; and

• (b) for apportioning between two or more periodical payments orders, in such manner as may be prescribed by the rules, any sum paid to a clerk to a magistrates' court on any date by the person liable to make payments under the orders which is less than the total sum required to be paid on that date to that clerk by that person in respect of those orders (being orders one of which requires payments to be made for the benefit of a child to the person with whom the child has his home and one or more of which requires payments to be made to that person either for his own benefit or for the benefit of another child who has his home with him).

• (2) In this section—

• "child" means a person who has not attained the age of eighteen;

• " periodical payments order " means an order made by a magistrates' court, or registered in a magistrates court under Part II of the Maintenance Orders Act 1950 or Part I of the Maintenance Orders Act 1958, which requires the making of periodical payments,

and any payments required under a periodical payments order to be made to a child shall for the purposes of subsection (1) above be treated as if they were required to be made to the person with whom the child has his home.

Amendment of Administration of Justice Act 1964

86

Expenses

87

There shall be defrayed out of moneys provided by Parliament any increase attributable to this Act in the sums payable out of moneys so provided under any other enactment.

Interpretation

88

• (1) In this Act—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “child”, in relation to one or both of the parties to a marriage, includes a child whose father and mother were not married to each other at the time of his birth;

• “child of the family”, in relation to the parties to a marriage, means—a child of both of those parties; andany other child, not being a child who is placed with those parties as foster parents by a local authority or voluntary organisation, who has been treated by both of those parties as a child of their family;

• “commission area” has the same meaning as in the Justices of the Peace Act 1997;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “local authority” means the council of a county (other than a metropolitan county), of a metropolitan district or of a London borough, or the Common Council of the City of London;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “maintenance assessmentmaintenance calculation” has the same meaning as it has in the Child Support Act 1991 by virtue of section 54 of that Act as read with any regulations in force under that section.

• “petty sessions area” has the same meaning as in the Justices of the Peace Act 1997;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) References in this Act to the parties to a marriage living with each other shall be construed as references to their living with each other in the same household.

• (3) For the avoidance of doubt it is hereby declared that references in this Act to remarriage include references to a marriage which is by law void or voidable.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Any reference in this Act to an enactment shall be construed as a reference to that enactment as amended or extended by or under any subsequent enactment, including this Act.

Transitional provisions, amendments, repeals and commencement

89

• (1) The transitional provisions contained in Schedule 1 to this Act shall have effect.

• (2) Subject to the transistional provisions contained in Schedule 1 to this Act—

• (a) the enactments specified in schedule 2 to this act shall have effect subject to the amendments specified in that Schedule (being minor amendments and amendments consequential on the preceding provisions of this act), and

• (b) the enactments specified in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

• (3) This Act shall come into force on such date as the Secretary of State may by order made by statutory instrument appoint and different dates may be appointed for, or for different purposes of, different provisions.

• (4) Without prejudice to the transitional provisions contained in Schedule 1 to this Act, an order under subsection (3) above may make such further transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of the provisions thereby brought into force or any provision of this Act then in force as appear to him to be necessary or expedient in consequence of the partial operation of this Act or the Children Act 1975.

• (5) An order under subsection (3) above may repeal any provision of this Act which has ceased to have effect by reason of the coming into force of the Adoption Act 1976.

• (6) The inclusion in this Act of any express transitional provision or amendment shall not be taken as prejudicing the general application of section 38 of the Interpretation Act 1889 with regard to the effect of repeals.

Short title and extent

90

• (1) This Act may be cited as the Domestic Proceedings, and Magistrates’ Courts Act 1978.

• (2) Except for the following provisions, that is to say—

• (a) sections 54, 55, 60, 61, 74(1) and (3), 87, 88(5), 89(2) (a), (3) and (4) and this section, and

• (b) paragraphs 1, 12, 13, 14, 17 and 18 of Schedule 2

this Act does not extend to Scotland.

• (3) Except for the following provisions, that is to say—

• (a) sections 54, 59, 74(5), 88(5), 89(2), (3) and (4) and this section, and

• (b) paragraphs 12, 13, 14 and 33 of Schedule 2 and Schedule 3,

this Act does not extend to Northern Ireland, and in section 88(5) of this Act any reference to an enactment includes a reference to an enactment contained in an Act of the Parliament of Northern Ireland or a Measure of the Northern Ireland Assembly.

SCHEDULE 1

1

This Act (including the repeals and amendments made by it) shall not have effect in relation to any application made under any enactment repealed or amended by this Act if that application is pending at the time when the provision of this Act which repeals or amends that enactment comes into force.

2

Any order made or other thing done under the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 which is in force immediately before the coming into force of Part I of this Act shall not be affected by the repeal by this Act of that Act, and the provisions of that Act shall after the coming into force of the said Part I apply in relation to such an order, and to an order made under that Act by virtue of paragraph 1 above, subject to the following modifications—

• (a) on a complaint for the revocation of the order the court shall not be bound under section 8 of that Act to revoke the order by reason of an act of adultery committed by the person on whose complaint the order was made;

• (b) on a complaint for the variation, revival or revocation of the order, the court, in exercising its powers under the said section 8 in relation to a provision of the order requiring the payment of money, shall have regard to any change in any of the matters to which the court would have been required to have regard when making that order if the order had been made on an application under section 2 of this Act;

• (bb) on a complaint after the coming into force of paragraph 27 of Schedule 1 to the Matrimonial and Family Proceedings Act 1984 for the variation, revival or revocation of the order, the court, in exercising its powers under the said section 8 in relation to any provision of the order requiring the payment of money, shall have power to order that payments required to be made for the maintenance of a child of the family shall be made to the child himself.

• (c) where the order contains a provision for the legal custody of a child, the court shall have power, on a complaint made by a grandparent of the child, to vary that order under the said section 8 by the addition to the order of a provision requiring access to the child to be given to that grandparent;

• (d) where the court, by virtue of paragraph (c) above, varies the order by the addition of a provision requiring access to a child to be given to a grandparent, the court shall have power to vary or revoke that provision on a complaint made—

• (i) by that grandparent, or

• (ii) by either party to the marriage in question, or

• (iii) where the child is not a child of both the parties to the marriage, by any person who though not a party to the marriage is a parent of the child, or

• (iv) where under the order a child is for the time being committed to the legal custody of some person other than one of the parents or a party to the marriage, by the person to whose legal custody the child is committed by the order.

3

The amendment by this Act of any enactment shall not affect the operation of that enactment in relation to any order made or having effect as if made under the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 (including an order made under that Act by virtue of paragraph 1 above) or in relation to any decision of a magistrates’ court made on an application for such an order or for the variation, revival or revocation of such an order but as respects enactments amended by this Act in their application in relation to orders made or decisions on applications for orders or for the variation, revival or revocation of orders made or having effect as if made under other Acts those enactments shall apply as amended by this Act.

4

Any reference in paragraph 1 above to an application made under an enactment repealed by this Act shall be construed as including a reference to an application which is treated as a complaint under section 1 of the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 by virtue of section 27 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 and any reference in paragraph 2, 3 or 3A above to an order made under the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 shall be construed as including a reference to an order which is made under that Act by virtue of section 28 of the Maintenance Orders (Reciprocal Enforcement) Act 1972

5

A provision contained in section 72 . . . of this Act shall not apply in relation to proceedings commenced before the coming into force of that provision.

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

The amendment by subsection (3) of section 82 of this Act of section 58(2) of the Magistrates' Courts Act 1952 shall not affect the punishment for an offence under the said section 58 which is committed before the date on which the said subsection (3) comes into force, except that a person shall not be liable to imprisonment in respect of an offence for which proceedings are commenced after that date even if the offence was committed before that date.

8

A provision of Schedule 2 to this Act which relates to the punishment by way of fine which may be imposed for any offence shall not affect the punishment which may be imposed for an offence which is committed before the date on which that provision comes into force.

SCHEDULE 2

The Sheriff Courts (Scotland) Act 1907 (c. 51)

1

In section 5 of the Sheriff Courts (Scotland) Act 1907—

• (a) in subsection (2), after the words “Actions of aliment ”, there shall be inserted the words “(other than any action mentioned in sub-section (2A) below) ” ;

• (b) the following subsection shall be inserted after subsection (2)—

(2A) Actions, arising out of an application under section 31(1) of the Maintenance Orders (Reciprocal Enforcement) Act 1972, for the recovery of maintenance:

; and

• (c) in the final proviso, for the words “the second sub-section ” there shall be substituted the words “sub-section (2) or (2A) ”.

The Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Children and Young Persons Act 1933 (c. 12)

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

In section 88 of that Act—

• (a) in subsections (1), (2) and (4) for the words "having jurisdiction in the place " there shall be substituted the words " appointed for the commission area ".

• (b) in subsection (2)(c) for the words " £10 " there shall be substituted the words " £50 ".

5

In section 107(1) of that Act after the definition of " child " there shall be inserted the following definition—

• ' commission area' has the same meaning as in section 1 of the Administration of Justice Act 1973.

The National Assistance Act 1948 (c. 29)

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

In section 44(2) of that Act for the words “having jurisdiction in the place ” there shall be substituted the words “appointed for the commission area (within the meaning of section 1 of the Administration of Justice Act 1973). ”

The Children Act 1948 (c. 43)

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Marriage Act 1949 (c. 76)

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Justices of the Peace Act 1949 (c. 101)

10

In section 13(4) of the Justices of the Peace Act 1949 after the words “juvenile ” there shall be inserted the words “or domestic ”.

The Maintenance Orders Act 1950 (c. 37.)

11

In section 3(2) of the Maintenance Orders Act 1950 for the words “having jurisdiction in the place ” there shall be substituted the words “appointed for the commission area (within the meaning of the Administration of Justice Act 1973) ”.

12

In section 15(1)(a) of that Act for sub-paragraph (ii) there shall be substituted the following sub-paragraph—

(ii) section 24(1) and 30(3) of the Domestic Proceedings and Magistrates’ Courts Act 1978

.

13

In section 16(2)(a) of that Act, for sub-paragraph (ii) there shall be substituted the following sub-paragraph—

(ii) Part 1 of the Domestic Proceedings and Magistrates’ Courts Act 1978.

14

In section 22(1) of that Act after the words “person liable to make ”, in the first place where they occur, there shall be inserted the word “periodical ”.

The Magistrates' Courts Act 1952 (c. 55)

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Affiliation Proceedings Act 1957 (c. 55)

16

In section 9(2) of the Affiliation Proceedings Act 1957 for the words “£10 ” there shall be substituted the words “£50 ”.

The Adoption Act 1958 (7 & 8 Eliz. 2 c. 5)

17

In section 32(2) of the Adoption Act 1958 for the words “subsection (2) ” there shall be substituted the words “subsection (1A) ”.

18

In section 34A(3) of that Act—

• (a) for the words “the authority ”, in the first place where those words occur, there shall be substituted the words “a local authority ” ;

• (b) after the words “the authority ”, in the second place where those words occur, there shall be inserted the words “in whose care the child is ” ;

• (c) for the words “the court ” there shall be substituted the words “a court ”.

The County Courts Act 1959 (c. 22)

19

In section 109(2) of the County Courts Act 1959—

• (a) in paragraph (g) for the words “section 13A of the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 ” there shall be substituted the words “section 35 of the Domestic Proceedings and Magistrates’ Courts Act 1978 ” ;

• (b) in paragraph (h) after the words “proceedings under ” there shall be inserted the words “section 34 or 34A of the Adoption Act 1958 ; ”

• (c) in paragraph (i) for the words “section 29 ” there shall be substituted the words “section 27, 28, 29 ”.

The Children and Young Persons Act 1963 (c. 51)

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Administration of Justice Act 1964 (c. 42)

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Health Services and Public Health Act 1968 (c. 46)

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Children and Young Persons Act 1969 (c. 54)

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Administration of Justice Act 1970 (c. 31)

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

In Schedule 8 of that Act in paragraph 3 for the words “or having effect as if made under the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 ” there shall be substituted the words “under Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978 ”.

The Local Authority Social Services Act 1970 (c. 42)

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Matrimonial Proceedings and Property Act 1970 (c. 45)

28

In section 30(2) of the Matrimonial Proceedings and Property Act 1970 for the words “Subsections (4), (5) and (6) of section 7 of the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 ” there shall be substituted the words “Section 4(2) of the Domestic Proceedings and Magistrates’ Courts Act 1978 ”, for the words “section 2(1)(b) or (c) ” there shall be substituted the words “section 2(1)(a) ” and for the words “as they apply in relation to such an order as is referred to in the said subsection (4) ” there shall be substituted the words “as it applies in relation to an order made under section 2(1)(a) of the Domestic Proceedings and Magistrates’ Courts Act 1978 ”.

The Guardianship of Minors Act 1971 (c. 3)

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Attachment of Earnings Act 1971 (c. 32)

32

In Schedule 1 to the Attachment of Earnings Act 1971 in paragraph 4 for the words “or having effect as if made under the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 ” there shall be substituted the words “under Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978 ”.

The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

33

In section 8(3) of the Maintenance Orders (Reciprocal Enforcement) Act 1972 for the words “£10 ” there shall be substituted the words “£50 ”.

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37

In section 42(1) of that Act for the words “section 2(1)(b) or (c) of the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 (payment of weekly sums by husband or wife) ” there shall be substituted the words “section 2(1)(a) of the Domestic Proceedings and Magistrates’ Courts Act 1978 (making of periodical payments by husband or wife) ”.

The Matrimonial Causes Act 1973 (c. 18)

38

In section 4(1) of the Matrimonial Causes Act 1973 after the words “the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 ” there shall be inserted the words “or Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978 ”.

39

In section 47(2)(e) of that Act for the words “the Matrimonial Proceedngs (Magistrates’ Courts) Act 1960 ” there shall be substituted the words “Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978 ”.

40

In section 50(2)(b) of that Act for the words “the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 ” there shall be substituted the words “Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978 ”.

The Guardianship Act 1973 (c. 29)

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Legal Aid Act 1974 (c. 4)

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Children Act 1975 (c. 72)

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Adoption Act 1976 (c. 36)

50

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51

In section 63(4) of that Act the words “to remove a child from a person’s custody under section 27 or 28 or ” shall be omitted.

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Domestic Violence and Matrimonial Proceedings Act 1976 (c. 50)

53

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Supplementary Benefits Act 1976 (c. 71)

54

In section 19(2) of the Supplementary Benefits Act 1976 for the words “acting for the petty sessions area ” there shall be substituted the words “appointed for the commission area (within the meaning of section 1 of the Administration of Justice Act 1973) ”

SCHEDULE 3

Powers of court to make orders for financial provision.

Interim orders.

20ZA

• (1) Subject to subsections (7) and (8) below, the power of the court under section 20 of this Act to vary an order for the making of periodical payments shall include power, if the court is satisfied that payment has not been made in accordance with the order, to exercise one of its powers under section 1(4) and (4A) of the Maintenance Enforcement Act 1991.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Subsection (6) of section 1 of the Maintenance Enforcement Act 1991 (power of court to order that account be opened) shall apply for the purposes of subsection (1) above as it applies for the purposes of that section.

• (7) Before varying the order by exercising one of its powers under section 1(4) and (4A) of the Maintenance Enforcement Act 1991, the court shall have regard to any representations made by the parties to the application.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) None of the powers of the court ... conferred by this section shall be exercisable in relation to an order under this Part of this Act for the making of periodical payments unless, at the time when the order was made, the person required to make the payments was ordinarily resident in England and Wales.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20A

• (1) Where an order made by the family court under this Part of this Act for the making of periodical payments to or in respect of a child (other than an interim maintenance order) ceases to have effect—

• (a) on the date on which the child attains the age of sixteen, or

• (b) at any time after that date but before or on the date on which he attains the age of eighteen,

the child may apply to the court ... for an order for its revival.

• (2) If on such an application it appears to the court that—

• (a) the child is, will be or (if an order were made under this subsection) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment, or

• (b) there are special circumstances which justify the making of an order under this subsection,

the court shall have power by order to revive the order from such date as the court may specify, not being earlier than the date of the making of the application.

• (3) An order revived under this section may be varied or revoked under section 20 in the same way as it could have been varied or revoked had it continued in being.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Eligibility for Legal Aid in Scotland for proceedings under Maintenance Orders Reciprocal Enforcement) Act 1972.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provisions, amendments, repeals and commencement.

Expenses.

Transitional provisions, amendments, repeals and commencement.

3A

Any order for the payment of money in force under the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 (including any such order made under that Act by virtue of paragraph 1 above) shall be enforceable as a magistrates’ court maintenance order.

Editorial notes

[^c3518481]: Act not in force at Royal Assent; Act wholly in force 1.12.1985

[^c3518591]: Words repealed by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(1), 48(3), Sch. 1 para. 21

[^c3518641]: S. 2 extended by Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18, SIF 49:3), s. 28A(1) as substituted by Matrimonial and Family Proceedings Act 1984 (c.42, SIF 49:3), ss. 26(2), 48(2)

[^c3518651]: S. 2(3): functions of the Secretary of State transferred (1.4.1992) to the Lord Chancellor by S.I. 1992/709, art. 3(1), Sch.2

[^c3518661]: S. 2(3): words substituted (1. 4. 1992) by 1992/709, art.3(2), Sch. 2

[^c18620191]: S. 3 substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 9(1), 48(2)

[^c3518801]: Words in s. 5(2) inserted (5.4.1993) by S.I. 1993/623, art. 2, Sch. 1 para. 4 (the second paragraph so numbered).

[^c3518811]: Words in s. 5(2)(a) substituted (1.9.1997) by 1996 c. 56, s. 582(1)(4), Sch. 37 Pt. II para. 138 (with ss. 1(4), 561, 562, Schs. 39, 40 para. 1); S.I. 1997/1623, art. 2(2)

[^c3518821]: Words substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 9(2), 47, 48(2)

[^c3518831]: S. 5(5)-(8) inserted (5.4.1993) by S.I. 1993/623, art. 2, Sch.1 para. 5.

[^c3518841]: 1991 c.48.

[^c18620201]: S. 6 substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 10, 47, 48(2)

[^c3519041]: Words substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(1), 47, 48(3), Sch. 1 para. 22

[^c3519221]: S. 8 substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20) s. 108, Sch. 13 para. 36 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

[^c3519251]: Ss. 9-15 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I.1991/828, art. 3(2)

[^c3519311]: Ss. 9-15 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3519401]: Ss. 9-15 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15(with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3519431]: Ss. 9-15 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7),Sch. 15(with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3519451]: Ss. 9-15 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7),Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3519471]: Ss. 9-15 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7),Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3519501]: Ss. 9-15 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3519641]: S. 16 repealed (1.10.1997) by 1996 c. 27, s. 66(3), Sch. 10 (with Sch. 9 paras. 5, 8-10); S.I. 1997/1892, art. 3(1)(d)(ii)

[^c3519681]: S. 17 repealed (1.10.1997) by 1996 c. 27, s. 66(3), Sch. 10 (with Sch. 9 paras. 5, 8-10); S.I. 1997/1892, art. 3(1)(d)(ii)

[^c3519701]: S. 18 repealed (1.10.1997) by 1996 c. 27, s. 66(3), Sch. 10 (with Sch. 9 paras. 5, 8-10); S.I. 1997/1892, art. 3(1)(d)(ii)

[^c3519901]: Words in s. 19(1) and s. 19(1)(ii) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15 (with Sch. 14 paras.1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3519921]: S. 19(2)(4) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3519931]: Words in s. 19(3) substituted (5.4.1993) by S.I. 1993/623, art. 2, Sch. 1 para.6.

[^c3519941]: S. 19(3A) inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(1), 48(3), Sch. 1 para. 24

[^c3519951]: Words in s. 19(3A)(b) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 37 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

[^c3519971]: Words in s. 19(7)(9) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3520241]: S. 20(2) substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 11, 48(2)

[^c3520251]: S. 20(4) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3520261]: Words inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(1), 48(3), Sch. 1 para. 25

[^c3520271]: Words in s. 20(9) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3520281]: Words in s. 20(9) substituted (5.4.1993) by S.I. 1993/623, art. 2, Sch. 1 para.7.

[^c3520291]: S. 20(9A)-(9C) added (5.4.1993) by S.I. 1993/623, art. 2, Sch. 1 para.8.

[^c3520301]: S. 20(10) repealed (1.4.1989 subject to a saving in S.I. 1989/382, art. 3, Sch. 2 para. 3) by Family Law Reform Act 1987 (c. 42, SIF 49:3), s. 33(4), Sch. 4

[^c3520311]: Words substituted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 9(3), 48(2)

[^c3520321]: S. 20(12) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 38 (with Sch. 14 para. 1(1); S.I. 1991/828, art. 3(2)

[^c3520331]: S. 20(13) repealed (1.4.1989 subject to a saving in S.I. 1989/382, art. 3, Sch. 2 para. 3) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(4), Sch. 4

[^c3520541]: S. 20ZA inserted (1.4.1992) by Maintenance Enforcement Act 1991 (c.17, SIF 49:3), s. 5; S.I. 1992/455, art. 2

[^c21950301]: S. 20ZA excluded by 1972 c. 18, s. 34A(1) (as inserted (1.4.1992) by 1991 c. 17, Sch. 1 para. 19(2); S.I. 1992/455, art. 2)

[^c3520591]: S. 20A containing subsections (1)-(3) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 39(1)(with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

[^c3520621]: S. 21 repealed (14.10.1991) by Children Act 1989(c. 41, SIF 20), s. 108(7), Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3520751]: S. 23(1) repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1991/1883, art. 3

[^c3520851]: S. 24 repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch.20; S.I. 1991/1883, art.3, Sch.

[^c3520951]: Words in s. 25(1)(a) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 41 (1) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

[^c3520961]: S. 25(1)(b) and word repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3520981]: Words in s. 25(2)(a) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 41(1)(with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

[^c3520991]: Word in s. 25(2)(a) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 41(2)(b) (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

[^c3521001]: S. 25(2)(c)(d) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3521041]: Words in s. 26(2) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 57(a); S.I. 2001/919, art. 2

[^c3521051]: Words in s. 26(2) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 57(b); S.I. 2001/919, art. 2

[^c3521111]: S. 28(2) repealed (1.10.1997) by 1996 c. 27, s. 66(3), Sch. 10 (with Sch. 9 paras. 5, 8-10); S.I. 1997/1892, art. 3(1)(d)(ii)

[^c3521411]: S. 30(2)–(4) repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1991/1883, art. 3, Sch.

[^c3521621]: Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

[^c3521661]: S. 33 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3521701]: S. 34 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art, 3(2)

[^c18620141]: Pt. I (ss. 1-35) applied (with modifications) by Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18), ss. 28, 28A

[^c3521881]: S. 36 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3521931]: S. 37 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3522001]: S. 38 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3522051]: S. 39 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3522141]: S. 40 repealed (14.10.1991) by Children Act (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3522211]: S. 41 repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(4), Sch. 4 and expressed to be repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3522261]: S. 42 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3522311]: S. 43 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3522361]: S. 44 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4); S.I. 1991/828, art. 3(2)

[^c3522471]: S. 45 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3522521]: S. 46 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3522611]: S. 47 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3522651]: S. 48 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch.15 (with Sch. 14 paras. 1(1), 27(4); S.I. 1991/828, art. 3(2)

[^c3522771]: S. 49 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3522821]: S. 50 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3522871]: S. 51 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3522921]: S. 52 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3522971]: S. 53 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3522991]: The text of ss. 54-74 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

[^c3523001]: 1972 c. 18.

[^c3523021]: The text of ss. 54-74 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

[^c3523031]: 1972 c. 18.

[^c3523051]: The text of ss. 54-74 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

[^c3523061]: 1972 c. 18.

[^c3523071]: 1973 c. 15.

[^c3523111]: S. 57 repealed (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 2(2), Sch.3; S.I. 1993/618, art. 2.

[^c3523141]: S. 58 repealed (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 2(2), Sch.3; S.I. 1993/618, art.2.

[^c3523151]: The text of ss. 54-74 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

[^c3523161]: 1972 c. 18.

[^c3523181]: The text of ss. 54-74 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

[^c3523191]: 1972 c. 18.

[^c3523201]: S. 60(1)(a) repealed (S.) by Family Law (Scotland) Act 1985 (c. 37, SIF 49:3), ss. 28(2), 29(4), Sch. 2

[^c3523221]: The text of ss. 54-74 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

[^c3523231]: 1972 c. 18.

[^c3523261]: The text of ss. 54-74 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

[^c3523271]: 1973 c. 18.

[^c3523291]: The text of ss. 42–47(1), 48–74 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c3523301]: 1973 c. 18.

[^c3523491]: S. 64 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3523541]: S. 65 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I 1991/828, art. 3(2)

[^c3523591]: S. 66 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3523641]: S. 67 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3523691]: S. 68 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3523731]: S. 69 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3523781]: S. 70 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3523821]: S. 71 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3523901]: S. 72 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3523951]: S. 73(1) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3524041]: The text of ss. 54-74 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

[^c3524051]: S. 74(1)(3) repealed (S.) by Adoption (Scotland) Act 1978 (c. 28, SIF 49:11), s. 66(3), Sch. 4 and repealed (G.B.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with Sch. 14 para. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

[^c3524081]: 1969 c 22 (N.I.).

[^c3524101]: Ss. 75–83 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(3), Sch. 9