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The Domestic Proceedings and Magistrates' Courts Act 1978 (Commencement No. 4) Order 1980

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11.  In relation to an application made before the relevant date for an order under section 9 of the Guardianship of Minors Act 1971, section 41(2) of the Act of 1978 shall have effect as if, in the new subsection thereby substituted for subsection (2) of the said section 9, for the words “one of the parents” there were substituted the words “any person (whether or not one of the parents)”, for the words “the parent” in both places where they occur there were substituted the words “any parent” and for the words “the other parent” in both places where they occur there were substituted the words “the person given the right to actual custody”; and, if paragraph 75(1)(c) of Schedule 3 to the Children Act 1975 is not in force on the date specified in Article 2 of this Order the said section 41(2) shall also have effect in relation to such an application as if, after the words “and in subsection (4) after the words `this section'” there were inserted the words “in the first place where they occur”.

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