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Domestic Proceedings and Magistrates' Courts Act 1978

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This is the original version (as it was originally enacted).

38Amendment of provisions relating to age limits on orders for custody etc.

(1)Section 15(2)(a) of the [1971 c. 3.] Guardianship of Minors Act 1971 (which provides that a magistrates' court shall not entertain an application relating to a minor over sixteen unless the minor is physically or mentally incapable of self-support) shall cease to have effect.

(2)In section 2(2) of the [1973 c. 29.] Guardianship Act 1973 (which provides that supervision orders and orders committing the care of a minor to a local authority shall only be made in relation to a minor who is under sixteen) for the words "where an application made under section 9 of the Guardianship of Minors Act 1971 relates to the custody of a minor under the age of sixteen " there shall be substituted the words " where an application is made under section 9 of the Guardianship of Minors Act 1971 for an order regarding the custody of a minor ".

(3)In section 3(2) of the Guardianship Act 1973 (which provides that a supervision order shall cease to have effect when a minor becomes sixteen) for the words " age of sixteen " there shall be substituted the words " age of eighteen ".

(4)In section 4 of the Guardianship Act 1973 (which relates to orders committing the care of a minor to a local authority) after subsection (2) there shall be inserted the following subsection—

(2A)The court shall not make an order committing a minor to the care of a local authority under section 2(2)(b) above after he has attained the age of seventeen..

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