Law Reform (Miscellaneous Provisions) 1949

1949 CHAPTER 100 12 13 and 14 Geo 6

An Act to amend the law relating to divorce and other matrimonial proceedings, the admissibility of evidence as to access, the charge and payment of percentage under the Lunacy Act, 1890, and towards of court; and for purposes connected therewith.

[16th December 1949]

Modifications etc. (not altering text)

C1 Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

1, 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W+S

Textual Amendments

F1 Ss. 1, 2 repealed by Statute Law (Repeals) Act 1975 (c. 10), s. 1(1), Sch., Pt. VI

3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W+S

Textual Amendments

F2 Ss. 3, 4(2), 5, 6 repealed by Matrimonial Causes Act 1950 (c. 25), Sch.

4 Legitimacy of children of voidable marriages. E+W+S

[F3 (1) Where a decree of nullity is granted in respect of a voidable marriage, any child who would have been the legitimate child of the parties to the marriage if it had been dissolved, instead of being annulled, on the date of the decree shall be deemed to be their legitimate child notwithstanding the annulment.]

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F3 S. 4(1) repealed (E.W.) by Matrimonial Causes Act 1950 (c. 25), Sch.

F4 Ss. 3, 4(2), 5, 6 repealed by Matrimonial Causes Act 1950 (c. 25), Sch.

5, 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 E+W+S

Textual Amendments

F5 Ss. 3, 4(2), 5, 6 repealed by Matrimonial Causes Act 1950 (c. 25), Sch.

7 Evidence of access. E+W+S

[F6 (1) Notwithstanding any rule of law, the evidence of a husband or wife shall be admissible in any proceedings to prove that marital intercourse did or did not take place between them during any period.]

[F6 (2) Notwithstanding anything in this section or any rule of law, a husband or wife shall not be compellable in any proceedings to give evidence of the matters aforesaid.]

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F6 S. 7(1)(2) repealed (E.W.) by Matrimonial Causes Act 1950 (c. 25), Sch.

F7 S. 7(3) repealed by Adoption Act 1950 (c. 26), Sch. 4

8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 E+W+S

Textual Amendments

F8 S. 8 repealed by Mental Health Act 1959 (c. 72), Sch. 8 Pt. I

[F9 9 Wards of court. E+W+S

(1) Subject to the provisions of this section, no infant shall be made a ward of court except by virtue of an order to that effect made by the court.

(2) Where application is made for such an order in respect of an infant, the infant shall become a ward of court on the making of the application, but shall cease to be a ward of court at the expiration of such period as may be prescribed by rules of court unless within that period an order has been made in accordance with the application.

(3) The court may, either upon an application in that behalf or without such an application, order that any infant who is for the time being a ward of court shall cease to be a ward of court.]

Textual Amendments

F9 S. 9 repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7

10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 E+W+S

Textual Amendments

F10 S. 10 repealed by Northern Ireland Constitution Act 1973 (c. 36), s. 41(1), Sch. 6 Pt. I

11 †Short title and extent. E+W+S

(1) This Act may be cited as the Law Reform (Miscellaneous Provisions) Act, 1949.

(2) This Act . . . F11 shall not extend to Northern Ireland.

Textual Amendments

F11 Words repealed by Northern Ireland Constitution Act 1973 (c. 36), s. 41(1), Sch. 6 Pt. I

Modifications etc. (not altering text)

C2 Unreliable marginal note.