Search Legislation

Children and Families Act 2014

Status:

This is the original version (as it was originally enacted).

18Repeal of uncommenced provisions of Part 2 of the Family Law Act 1996

This section has no associated Explanatory Notes

(1)Part 2 of the Family Law Act 1996 (divorce and separation), except section 22 (the only provision of Part 2 which is in force), is repealed.

(2)In consequence of subsection (1), the following provisions of the Family Law Act 1996 (which relate to provisions of Part 2) are repealed—

(a)section 1(c) and (d),

(b)section 63(2)(a),

(c)section 64(1)(a),

(d)in section 65(5) the words “to rules made under section 12 or”,

(e)Part 1 of Schedule 8, except—

(i)paragraph 16(5)(a), (6)(b) and (7) (which have been brought into force), and

(ii)paragraphs 4 and 16(1) (which relate to those provisions),

(f)in Schedule 9, paragraphs 1 and 2 and, in paragraph 4, the definitions of “decree”, “instrument” and “petition”, and

(j)in Schedule 10, the entries relating to—

(i)the Matrimonial Causes Act 1973,

(ii)the Domicile and Matrimonial Proceedings Act 1973,

(iii)sections 1, 7 and 63 of, and paragraph 38 of Schedule 2 to, the Domestic Proceedings and Magistrates’ Courts Act 1978,

(iv)the Senior Courts Act 1981,

(v)the Administration of Justice Act 1982,

(vi)the Matrimonial and Family Proceedings Act 1984,

(vii)the Family Law Act 1986, and

(viii)Schedule 13 to the Children Act 1989.

(3)In consequence of subsections (1) and (2), the following provisions are repealed—

(a)paragraphs 50 to 52 of Schedule 4 to the Access to Justice Act 1999,

(b)the following provisions of the Welfare Reform and Pensions Act 1999—

(i)section 28(1)(b) and (c), (2), (4) and (5),

(ii)section 48(1)(b) and (c), (2), (4) and (5), and

(iii)in Schedule 12, paragraphs 64 to 66,

(c)paragraphs 22 to 25 of Schedule 1 to the Constitutional Reform Act 2005,

(d)paragraph 12 of Schedule 2 to the Children and Adoption Act 2006, and

(e)the following provisions of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012—

(i)paragraphs 43 to 45, and

(ii)in the second column of the Table in Part 2, paragraph (l) of the entry relating to Schedule 4 to the Access to Justice Act 1999.

(4)In consequence of subsection (1), in section 1 of the Family Law Act 1996 (general principles underlying Part 2), in the words before paragraph (a) and in the title, for “Parts II and III” substitute “section 22”.

(5)In consequence of subsection (3)(b)(i), in section 28(11) of the Welfare Reform and Pensions Act 1999 (interpretation of subsections (4)(b), (5)(c) and (6)) for “subsections (4)(b), (5)(c) and” substitute “subsection”.

(6)The modifications set out in subsection (7), which were originally made by article 3(2) of the No. 2 Order and article 4 of the No. 3 Order, are to continue to have effect but as amendments of the provisions concerned (rather than as modifications having effect until the coming into force of provisions of the Family Law Act 1996 repealed by this section without having come into force).

(7)The modifications are—

(a)in section 22(2) of the Matrimonial and Family Proceedings Act 1984 for the words from “if” to “granted” substitute “if a decree of divorce, a decree of nullity of marriage or a decree of judicial separation has been granted”, and

(b)in section 31 of the Matrimonial Causes Act 1973—

(i)in subsection (7D) for “Subsections (7) and (8) of section 22A” substitute “Section 23(6)”,

(ii)in subsection (7D) for “section 22A” substitute “section 23”, and

(iii)in subsection (7F) for “section 23A” substitute “section 24”.

(8)In section 31(7D) of the Matrimonial Causes Act 1973—

(a)for “apply”, in the first place, substitute “applies”, and

(b)for “they apply where it” substitute “it applies where the court”.

(9)Articles 3(2) and 4 of the No. 2 Order, and article 4 of the No. 3 Order, are revoked; and in subsection (6) and this subsection—

  • “the No. 2 Order” means the Family Law Act 1996 (Commencement No. 2) Order 1997 (S.I. 1997/1892), and

  • “the No. 3 Order” means the Family Law Act 1996 (Commencement No. 3) Order 1998 (S.I. 1998/2572).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources