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Guardianship Act 1973

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This is the original version (as it was originally enacted).

5Additional provisions as to interim orders

(1)There shall be no appeal under section 16 of the [1971 c. 3.] Guardianship of Minors Act 1971 from an interim order under section 2(4) or (5) above if the appeal relates only to a provision requiring payments to be made towards the maintenance of a minor.

(2)Section 9(3) and (4) and section 13 of the Guardianship of Minors Act 1971 shall apply to any such interim order as they apply to an order under section 9(1) or (2).

(3)Where in the case of an application under section 9 of the Guardianship of Minors Act 1971 the applicant or the respondent (or any of the respondents) resides in Scotland or Northern Ireland, then—

(a)a county court or magistrates' court may exercise the jurisdiction to make, vary or discharge interim orders requiring payments to be made towards the maintenance of the minor or interim orders relating to the custody of the minor in any case in which, in accordance with section 15(4) or (5) of the Guardianship of Minors Act 1971, the court could make an order under section 9 of that Act relating to the custody of the minor or, as the case may be, could vary or discharge such an order ; and

(b)a magistrates' court shall have jurisdiction to make an interim order on the application of the respondent in any case in which, in accordance with section 15(6) of that Act, the court could make an order under section 9 of that Act.

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