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63 Interpretation of Part IV

(1) In this Part—

• “adoption order” has the meaning given by section 72(1) of the [1976 c. 36.] Adoption Act 1976;

• “associated”, in relation to a person, is to be read with section 62(3) to (6);

• “child” means a person under the age of eighteen years;

• “cohabitant” and“former cohabitant” have the meaning given by section 62(1);

• “the court” is to be read with section 57;

• “development” means physical, intellectual, emotional, social or behavioural development;

• “dwelling-house” includes (subject to subsection (4))—

  (a)

  any building or part of a building which is occupied as a dwelling,

  (b)

  any caravan, house-boat or structure which is occupied as a dwelling,

  and any yard, garden, garage or outhouse belonging to it and occupied with it;

• “family proceedings” means any proceedings—

  (a)

  under the inherent jurisdiction of the High Court in relation to children; or

  (b)

  under the enactments mentioned in subsection (2);

• “harm”—

  (a)

  in relation to a person who has reached the age of eighteen years, means ill-treatment or the impairment of health; and

  (b)

  in relation to a child, means ill-treatment or the impairment of health or development;

• “health” includes physical or mental health;

• “ill-treatment” includes forms of ill-treatment which are not physical and, in relation to a child, includes sexual abuse;

• “matrimonial home rights” has the meaning given by section 30;

• “mortgage”,“mortgagor” and“mortgagee” have the same meaning as in the [1925 c. 20.] Law of Property Act 1925;

• “mortgage payments” includes any payments which, under the terms of the mortgage, the mortgagor is required to make to any person;

• “non-molestation order” has the meaning given by section 42(1);

• “occupation order” has the meaning given by section 39;

• “parental responsibility” has the same meaning as in the [1989 c. 41.] Children Act 1989;

• “relative”, in relation to a person, means—

  (a)

  the father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, grandmother, grandfather, grandson or granddaughter of that person or of that person’s spouse or former spouse, or

  (b)

  the brother, sister, uncle, aunt, niece or nephew (whether of the full blood or of the half blood or by affinity) of that person or of that person’s spouse or former spouse,

  and includes, in relation to a person who is living or has lived with another person as husband and wife, any person who would fall within paragraph (a) or (b) if the parties were married to each other;

• “relevant child”, in relation to any proceedings under this Part, has the meaning given by section 62(2);

• “the relevant judicial authority”, in relation to any order under this Part, means—

  (a)

  where the order was made by the High Court, a judge of that court;

  (b)

  where the order was made by a county court, a judge or district judge of that or any other county court; or

  (c)

  where the order was made by a magistrates' court, any magistrates' court.

(2) The enactments referred to in the definition of“family proceedings” are—

(a) Part II;

(b) this Part;

(c) the [1973 c. 18.] Matrimonial Causes Act 1973;

(d) the [1976 c. 36.] Adoption Act 1976;

(e) the [1978 c. 22.] Domestic Proceedings and Magistrates' Courts Act 1978;

(f) Part III of the [1984 c. 42.] Matrimonial and Family Proceedings Act 1984;

(g) Parts I, II and IV of the [1989 c. 41.] Children Act 1989;

(h) section 30 of the [1990 c. 37.] Human Fertilisation and Embryology Act 1990.

(3) Where the question of whether harm suffered by a child is significant turns on the child’s health or development, his health or development shall be compared with that which could reasonably be expected of a similar child.

(4) For the purposes of sections 31, 32, 53 and 54 and such other provisions of this Part (if any) as may be prescribed, this Part is to have effect as if paragraph (b) of the definition of “dwelling-house” were omitted.

(5) It is hereby declared that this Part applies as between the parties to a marriage even though either of them is, or has at any time during the marriage been, married to more than one person.

Part V Supplemental

64 Provision for separate representation for children

(1) The Lord Chancellor may by regulations provide for the separate representation of children in proceedings in England and Wales which relate to any matter in respect of which a question has arisen, or may arise, under—

(a) Part II;

(b) Part IV;

(c) the 1973 Act; or

(d) the [1978 c. 22.] Domestic Proceedings and Magistrates' Courts Act 1978.

(2) The regulations may provide for such representation only in specified circumstances.

65 Rules, regulations and orders

(1) Any power to make rules, orders or regulations which is conferred by this Act is exercisable by statutory instrument.

(2) Any statutory instrument made under this Act may—

(a) contain such incidental, supplemental, consequential and transitional provision as the Lord Chancellor considers appropriate; and

(b) make different provision for different purposes.

(3) Any statutory instrument containing an order, rules or regulations made under this Act, other than an order made under section 5(8) or 67(3), shall be subject to annulment by a resolution of either House of Parliament.

(4) No order shall be made under section 5(8) unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(5) This section does not apply to rules of court made, or any power to make rules of court, for the purposes of this Act.

66 Consequential amendments, transitional provisions and repeals

(1) Schedule 8 makes minor and consequential amendments.

(2) Schedule 9 provides for the making of other modifications consequential on provisions of this Act, makes transitional provisions and provides for savings.

(3) Schedule 10 repeals certain enactments.

67 Short title, commencement and extent

(1) This Act may be cited as the Family Law Act 1996.

(2) Section 65 and this section come into force on the passing of this Act.

(3) The other provisions of this Act come into force on such day as the Lord Chancellor may by order appoint; and different days may be appointed for different purposes.

(4) This Act, other than section 17, extends only to England and Wales, except that—

(a) in Schedule 8—

(i) the amendments of section 38 of the [1986 c. 55.] Family Law Act 1986 extend also to Northern Ireland;

(ii) the amendments of the [1926 c. 61.] Judicial Proceedings (Regulation of Reports) Act 1926 extend also to Scotland; and

(iii) the amendments of the [1950 c. 37.] Maintenance Orders Act 1950, the [1982 c. 27.] Civil Jurisdiction and Judgments Act 1982, the [1985 c. 54.] Finance Act 1985 and sections 42 and 51 of the Family Law Act 1986 extend also to both Northern Ireland and Scotland; and

(b) in Schedule 10, the repeal of section 2(1)(b) of the [1968 c. 63.] Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 extends also to Scotland.