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Domestic Proceedings and Magistrates’ Courts Act 1978

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SCHEDULES

Section 89.

SCHEDULE 1E+W Transitional Provisions

1E+WThis Act (including the repeals and amendments made by it) shall not have effect in relation to any application made under any enactment repealed or amended by this Act if that application is pending at the time when the provision of this Act which repeals or amends that enactment comes into force.

2E+WAny order made or other thing done under the M1Matrimonial Proceedings (Magistrates’ Courts) Act 1960 which is in force immediately before the coming into force of Part I of this Act shall not be affected by the repeal by this Act of that Act, and the provisions of that Act shall after the coming into force of the said Part I apply in relation to such an order, and to an order made under that Act by virtue of paragraph 1 above, subject to the following modifications—

(a)on a complaint for the revocation of the order the court shall not be bound under section 8 of that Act to revoke the order by reason of an act of adultery committed by the person on whose complaint the order was made;

(b)on a complaint for the variation, revival or revocation of the order, the court, in exercising its powers under the said section 8 in relation to a provision of the order requiring the payment of money, shall have regard to any change in any of the matters to which the court would have been required to have regard when making that order if the order had been made on an application under section 2 of this Act;

[F1(bb)on a complaint after the coming into force of paragraph 27 of Schedule 1 to the Matrimonial and Family Proceedings Act 1984 for the variation, revival or revocation of the order, the court, in exercising its powers under the said section 8 in relation to any provision of the order requiring the payment of money, shall have power to order that payments required to be made for the maintenance of a child of the family shall be made to the child himself.]

(c)where the order contains a provision for the legal custody of a child, the court shall have power, on a complaint made by a grandparent of the child, to vary that order under the said section 8 by the addition to the order of a provision requiring access to the child to be given to that grandparent;

(d)where the court, by virtue of paragraph (c) above, varies the order by the addition of a provision requiring access to a child to be given to a grandparent, the court shall have power to vary or revoke that provision on a complaint made—

(i)by that grandparent, or

(ii)by either party to the marriage in question, or

(iii)where the child is not a child of both the parties to the marriage, by any person who though not a party to the marriage is a parent of the child, or

(iv)where under the order a child is for the time being committed to the legal custody of some person other than one of the parents or a party to the marriage, by the person to whose legal custody the child is committed by the order.

3E+WThe amendment by this Act of any enactment shall not affect the operation of that enactment in relation to any order made or having effect as if made under the M2Matrimonial Proceedings (Magistrates’ Courts) Act 1960 (including an order made under that Act by virtue of paragraph 1 above) or in relation to any decision of a magistrates’ court made on an application for such an order or for the variation, revival or revocation of such an order [F2but as respects enactments amended by this Act in their application in relation to orders made or decisions on applications for orders or for the variation, revival or revocation of orders made or having effect as if made under other Acts those enactments shall apply as amended by this Act].

[F33AE+WAny order for the payment of money in force under the M3Matrimonial Proceedings (Magistrates’ Courts) Act 1960 (including any such order made under that Act by virtue of paragraph 1 above) shall be enforceable as a magistrates’ court maintenance order.]

4E+WAny reference in paragraph 1 above to an application made under an enactment repealed by this Act shall be construed as including a reference to an application which is treated as a complaint under section 1 of the M4Matrimonial Proceedings (Magistrates’ Courts) Act 1960 by virtue of section 27 of the M5Maintenance Orders (Reciprocal Enforcement) Act 1972 and any reference in [F4paragraph 2, 3 or 3A] above to an order made under the M6Matrimonial Proceedings (Magistrates’ Courts) Act 1960 shall be construed as including a reference to an order which is made under that Act by virtue of section 28 of the M7Maintenance Orders (Reciprocal Enforcement) Act 1972

5E+WA provision contained in section 72 . . . F5 of this Act shall not apply in relation to proceedings commenced before the coming into force of that provision.

6, 7.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

8E+WA provision of Schedule 2 to this Act which relates to the punishment by way of fine which may be imposed for any offence shall not affect the punishment which may be imposed for an offence which is committed before the date on which that provision comes into force.

Section 89.

X1SCHEDULE 2U.K. Minor and Consequential Amendments

Editorial Information

X1The text of Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The Sheriff Courts (Scotland) Act 1907 (c. 51)E+W+S

1E+W+SIn section 5 of the Sheriff Courts (Scotland) Act 1907—

[F7(a)in subsection (2), after the words “Actions of aliment ”, there shall be inserted the words “(other than any action mentioned in sub-section (2A) below) ” ;]

(b)the following subsection shall be inserted after subsection (2)—

(2A)Actions, arising out of an application under section 31(1) of the Maintenance Orders (Reciprocal Enforcement) Act 1972, for the recovery of maintenance: ; and

(c)in the final proviso, for the words “the second sub-section ” there shall be substituted the words “sub-section (2) or (2A) ”.

The Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)E+W

F82E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3—5.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

The National Assistance Act 1948 (c. 29)E+W

F106E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7E+WIn section 44(2) of that Act for the words “having jurisdiction in the place ” there shall be substituted the words “appointed for the commission area (within the meaning of section 1 of the Administration of Justice Act 1973). ”

8E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

The Marriage Act 1949 (c. 76)E+W

F12F139E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12Sch. 2 para. 9 repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 10; S.I. 2005/910, art. 3(aa)

F13Sch. 2 para. 9 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

The Justices of the Peace Act 1949 (c. 101)E+W

10E+WIn section 13(4) of the Justices of the Peace Act 1949 after the words “juvenile ” there shall be inserted the words “or domestic ”.

The Maintenance Orders Act 1950 (c. 37.)U.K.

11E+WIn section 3(2) of the Maintenance Orders Act 1950 for the words “having jurisdiction in the place ” there shall be substituted the words “appointed for the commission area (within the meaning of the Administration of Justice Act 1973) ”.

12U.K.In section 15(1)(a) of that Act for sub-paragraph (ii) there shall be substituted the following sub-paragraph—

(ii)section 24(1) and 30(3) of the Domestic Proceedings and Magistrates’ Courts Act 1978.

13U.K.In section 16(2)(a) of that Act, for sub-paragraph (ii) there shall be substituted the following sub-paragraph—

(ii)Part 1 of the Domestic Proceedings and Magistrates’ Courts Act 1978.

14U.K.In section 22(1) of that Act after the words “person liable to make ”, in the first place where they occur, there shall be inserted the word “periodical ”.

15E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

The Affiliation Proceedings Act 1957 (c. 55)E+W

16E+WIn section 9(2) of the Affiliation Proceedings Act 1957 for the words “£10 ” there shall be substituted the words “£50 ”.

The Adoption Act 1958 (7 & 8 Eliz. 2 c. 5)E+W+S

[F1517E+W+SIn section 32(2) of the Adoption Act 1958 for the words “subsection (2) ” there shall be substituted the words “subsection (1A) ”.]

[F1618E+W+SIn section 34A(3) of that Act—

(a)for the words “the authority ”, in the first place where those words occur, there shall be substituted the words “a local authority ” ;

(b)after the words “the authority ”, in the second place where those words occur, there shall be inserted the words “in whose care the child is ” ;

(c)for the words “the court ” there shall be substituted the words “a court ”.]

The County Courts Act 1959 (c. 22)E+W

19E+WIn section 109(2) of the County Courts Act 1959—

(a)in paragraph (g) for the words “section 13A of the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 ” there shall be substituted the words “section 35 of the Domestic Proceedings and Magistrates’ Courts Act 1978 ” ;

(b)in paragraph (h) after the words “proceedings under ” there shall be inserted the words “section 34 or 34A of the Adoption Act 1958 ; ”

(c)in paragraph (i) for the words “section 29 ” there shall be substituted the words “section 27, 28, 29 ”.

20E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

21E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

The Health Services and Public Health Act 1968 (c. 46)E+W

F1922E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2023E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

25E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

The Administration of Justice Act 1970 (c. 31)E+W

26E+WIn Schedule 8 of that Act in paragraph 3 for the words “or having effect as if made under the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 ” there shall be substituted the words “under Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978 ”.

The Local Authority Social Services Act 1970 (c. 42)E+W

F2327E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Matrimonial Proceedings and Property Act 1970 (c. 45)E+W

28E+WIn section 30(2) of the Matrimonial Proceedings and Property Act 1970 for the words “Subsections (4), (5) and (6) of section 7 of the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 ” there shall be substituted the words “Section 4(2) of the Domestic Proceedings and Magistrates’ Courts Act 1978 ”, for the words “section 2(1)(b) or (c) ” there shall be substituted the words “section 2(1)(a) ” and for the words “as they apply in relation to such an order as is referred to in the said subsection (4) ” there shall be substituted the words “as it applies in relation to an order made under section 2(1)(a) of the Domestic Proceedings and Magistrates’ Courts Act 1978 ”.

The Guardianship of Minors Act 1971 (c. 3)E+W

F2429E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

F2631E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Attachment of Earnings Act 1971 (c. 32)E+W

32E+WIn Schedule 1 to the Attachment of Earnings Act 1971 in paragraph 4 for the words “or having effect as if made under the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 ” there shall be substituted the words “under Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978 ”.

The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)E+W+N.I.

33E+W+N.I.In section 8(3) of the Maintenance Orders (Reciprocal Enforcement) Act 1972 for the words “£10 ” there shall be substituted the words “£50 ”.

F2734E+W+N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2835E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2936E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37E+WIn section 42(1) of that Act for the words “section 2(1)(b) or (c) of the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 (payment of weekly sums by husband or wife) ” there shall be substituted the words “section 2(1)(a) of the Domestic Proceedings and Magistrates’ Courts Act 1978 (making of periodical payments by husband or wife) ”.

The Matrimonial Causes Act 1973 (c. 18)E+W

38E+WIn section 4(1) of the Matrimonial Causes Act 1973 after the words “the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 ” there shall be inserted the words “or Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978 ”.

39E+WIn section 47(2)(e) of that Act for the words “the Matrimonial Proceedngs (Magistrates’ Courts) Act 1960 ” there shall be substituted the words “Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978 ”.

40E+WIn section 50(2)(b) of that Act for the words “the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 ” there shall be substituted the words “Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978 ”.

The Guardianship Act 1973 (c. 29)E+W

F3041E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3142E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3243E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

45E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

The Children Act 1975 (c. 72)E+W

F3546E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3647E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3748E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

The Adoption Act 1976 (c. 36)E+W

F3950E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51E+WIn section 63(4) of that Act the words “to remove a child from a person’s custody under section 27 or 28 or ” shall be omitted.

52E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

The Domestic Violence and Matrimonial Proceedings Act 1976 (c. 50)E+W

F4153E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Supplementary Benefits Act 1976 (c. 71)E+W

54E+WIn section 19(2) of the Supplementary Benefits Act 1976 for the words “acting for the petty sessions area ” there shall be substituted the words “appointed for the commission area (within the meaning of section 1 of the Administration of Justice Act 1973) ”

Section 89.

X2SCHEDULE 3E+W+N.I. Enactments Repealed

Editorial Information

X2The text of Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

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