Family Law Reform Act 1969

SCHEDULES

Section 1(3).

SCHEDULE 1 Statutory Provisions Amended by Substituting 18 for 21 years

PART I Enactments

Short title		Section	Subject matter
c. 24.	The Tenures Abolition Act 1660.	Sections 8 and 9	Custody of children under 21.
c. 22.	The Trade Union Act Amendment Act 1876.	Section 9.	Persons under 21 but above 16 eligible as members of trade union but not of committee of management etc.
c. 25.	The Friendly Societies Act 1896.	Section 36.	Persons under 21 eligible as members of society and branches but not of committee etc.
c. 18.	The Settled Land Act 1925.	Section 102(5).	Management of land during minority.
c. 19.	The Trustee Act 1925.	Section 31(1)(ii), (2)(i)(a) and (b).	Power to apply income for maintenance and to accumulate surplus income during a minority.
c. 20.	The Law of Property Act 1925.	Section 134(1).	Restriction on executory limitations.
c. 49.	The Supreme Court of Judicature (Consolidation) Act 1925.	Section 165(1).	Probate not to be granted to infant if appointed sole executor until he attains the age of 21 years.
c. 56.	The British Nationality Act 1948.	Section 32(1) and (9).	Definition of "minor" and "full age" by reference to age of 21.
c. 44.	The Customs and Excise Act 1952.	Section 244(2)(a)	Entry invalid unless made by person over 21.
c. 46.	The Hypnotism Act 1952.	Section 3.	Persons under 21 not to be hypnotised at public entertainment.
c. 63.	The Trustee Savings Banks Act 1954.	Section 23.	Payments to persons under 21.
c. 69.	The Sexual Offences Act 1956.	Section 38.	Power of court where person convicted of incest with girl under 21.
c. 5.	The Adoption Act 1958.	Section 57(1).	Definition of "infant" by reference to age of 21.
c. 22.	The County Courts Act 1959.	Section 80.	Persons under 21 may sue for wages in same manner as if of full age.
c. 72.	The Mental Health Act 1959.	Section 49(4)(c).	Provision where nearest relative of patient is under 21.
		Section 51(1).	Meaning of " nearest relative " of patient who has not attained the age of 21.
		Section 127(2).	Rescinding order under s. 38 of Sexual Offences Act 1956 in case of girl under 21 who is a defective.
c. 37.	The Building Societies Act 1962.	Section 9.	Persons under 21 eligible as members of building society but cannot vote or hold office.
		Section 47.	Receipts given to building society by persons under 21 to be valid.
c. 2.	The Betting, Gaming and Lotteries Act 1963.	Section 22(1) and (3).	Offence of sending betting advertisements to persons under 21.
c. 12.	The Industrial and Provident Societies Act 1965.	Section 20.	Persons under 21 but above 16 eligible as members of society but not of committee etc.

PART II Rules, Regulations etc.

	Title	Provision	Subject matter
1927 S.R. & O. 1184; 1953 S.I 264.	The Supreme Court Funds Rules 1927 as amended by the Supreme Court Funds Rules 1953.	Rule 97(1)(i).	Unclaimed moneys in court.
1929 S.R. & O. 1048.	The Trustee Savings Banks Regulations 1929.	Regulation 28(2).	Payments to persons under 21.
1933 S.R.& O. 1149.	The Savings Certificates Regulations 1933.	Regulation 2(1)(a).	Persons entitled to purchase and hold certificates.
		Regulation 21(2).	Persons under disability.
1946 S.R. & O. 1156.	The North of Scotland Hydro-Electric Board (Borrowing and Stock) Regulations 1946.	Regulation 36(1) and (2).	Stock held by persons under 21.
1949 S.I. 751.	The Gas (Stock) Regulations 1949.	Regulation 19(1) and (2).	Stock held by persons under 21.
1954 S.I. 796.	The Non-Contentious Probate Rules 1954.	Rules 31 and 32.	Grants of probate on behalf of infant and where infant is co-executor.
1955 S.I. 1752.	The South of Scotland Electricity Board (Borrowing and Stock) Regulations 1955.	Regulation 30(1) and (2).	Stock held by persons under 21.
1956 S.I. 1657.	The Premium Savings Bonds Regulations 1956.	Regulation 2(1).	Persons entitled to purchase and hold bonds.
		Regulation 12(2).	Persons under disability.
1957 S.I. 2228.	The Electricity (Stock) Regulations 1957.	Regulation 22(1) and (2).	Stock held by persons under 21.
1963 S.I. 935.	The Exchange of Securities (General) Rules 1963.	Rule 1(1).	Definition of " minor ".
1965 S.I. 1420.	The Government Stock Regulations 1965.	Regulation 14(1), (2), (3) and (5).	Stock held by persons under 21.
1965 S.I. 1500.	The County Court Funds Rules 1965.	Rule 36(1)(b).	Unclaimed moneys in court.
1965 S.I. 1707.	The Mayor's and City of London Court Funds Rules 1965.	Rule 25(1)(b).	Unclaimed moneys in court.
1968 S.I. 2049.	The Registration of Births, Deaths and Marriages Regulations 1968.	Regulation 63 and, in Schedule 1, Forms 15 to 18.	Forms of notice of marriage.

Section 1(4).

SCHEDULE 2 Statutory Provisions Unaffected by Section 1

1 The Regency Acts 1937 to 1953.

2 The Representation of the People Acts (and any regulations, rules or other instruments thereunder), section 7 of the [1695 c. 25.] Parliamentary Elections Act 1695, section 57 of the [1933 c. 51.] Local Government Act 1933 and any statutory provision relating to municipal elections in the City of London within the meaning of section 167(1)(a) of the [1949 c. 68.] Representation of the People Act 1949.

3 Any statutory provision relating to income tax (including surtax) capital gains tax, corporation tax or estate duty.

Section 1(4).

SCHEDULE 3 Transitional Provisions and Savings

Interpretation

1 (1) In this Schedule " the principal section " means section 1 of this Act and " the commencement date " means the date on which that section comes into force.

(2) Subsection (7) of the principal section shall apply for the purposes of this Schedule as it applies for the purposes of that section.

Funds in court

2 Any order or directions in force immediately before the commencement date by virtue of—

(a) any rules of court or other statutory provision (including, in particular, section 174 of the [1959 c. 22.] County Courts Act 1959) relating to the control of money recovered by or otherwise payable to an infant in any proceedings ; or

(b) section 19 of the [1965 c. 2.] Administration of Justice Act 1965 (control of money recovered by widow in fatal accident proceedings which are also brought for the benefit of an infant),

shall have effect as if any reference therein to the infant's attaining the age of twenty-one were a reference to his attaining the age of eighteen or, in relation to a person who by virtue of the principal section attains full age on the commencement date, to that date.

Wardship and custody orders

3 (1) Any order in force immediately before the commencement date—

(a) making a person a ward of court; or

(b) under the Guardianship of Infants Acts 1886 and 1925, or under the [1965 c. 72.] Matrimonial Causes Act 1965 or any enactment repealed by that Act, for the custody of, or access to, any person,

which is expressed to continue in force until the person who is the subject of the order attains the age of twenty-one, or any age between eighteen and twenty-one, shall have effect as if the reference to his attaining that age were a reference to his attaining the age of eighteen or, in relation to a person who by virtue of the principal section attains full age on the commencement date, to that date.

(2) This paragraph is without prejudice to so much of any order as makes provision for the maintenance or education of a person after he has attained the age of eighteen.

Adoption orders

4 The principal section shall not prevent the making of an adoption order or provisional adoption order under the [1958 c. 5 (7 & 8 Elliz. 2).] Adoption Act 1958 in respect of a person who has attained the age of eighteen if the application for the order was made before the commencement date, and in relation to any such case that Act shall have effect as if the principal section had not been enacted.

Power of trustees to apply income for maintenance of minor

5 (1) The principal section shall not affect section 31 of the [1925 c. 19.] Trustee Act 1925—

(a) in its application to any interest under an instrument made before the commencement date ; or

(b) in its application, by virtue of section 47(1)(ii) of the [1925 c. 23.] Administration of Estates Act 1925, to the estate of an intestate (within the meaning of that Act) dying before that date.

(2) In any case in which (whether by virtue of this paragraph or paragraph 9 of this Schedule) trustees have power under subsection (1)(i) of the said section 31 to pay income to the parent or guardian of any person who has attained the age of eighteen, or to apply it for or towards the maintenance, education or benefit of any such person, they shall also have power to pay it to that person himself.

Personal representatives' powers during minority of beneficiary

6 The principal section shall not affect the meaning of "minority" in sections 33(3) and 39(1) of the Administration of Estates Act 1925 in the case of a beneficiary whose interest arises under a will or codicil made before the commencement date or on the death before that date of an intestate (within the meaning of that Act).

Accumulation periods

7 The change, by virtue of the principal section, in the construction of—

(a) sections 164 to 166 of the [1925 c. 20.] Law of Property Act 1925 ;

(b) section 13(1) of the [1964 c. 55.] Perpetuities and Accumulations Act 1964,

(which lay down permissible periods for the accumulation of income under settlements and other dispositions) shall not invalidate any direction for accumulation in a settlement or other disposition made by a deed, will or other instrument which was made before the commencement date.

Limitation of actions

8 The change, by virtue of the principal section, in the construction of section 31(2) of the [1939 c. 21.] Limitation Act 1939 (limitation in case of person under disability) shall not affect the time for bringing proceedings in respect of a cause of action which arose before the commencement date.

Statutory provisions incorporated in deeds, wills, etc.

9 The principal section shall not affect the construction of any statutory provision where it is incorporated in and has effect as part of any deed, will or other instrument the construction of which is not affected by that section.