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Family Law Act 1996

Status:

This is the original version (as it was originally enacted).

Part VSupplemental

64Provision for separate representation for children

(1)The Lord Chancellor may by regulations provide for the separate representation of children in proceedings in England and Wales which relate to any matter in respect of which a question has arisen, or may arise, under—

(a)Part II;

(b)Part IV;

(c)the 1973 Act; or

(d)the [1978 c. 22.] Domestic Proceedings and Magistrates' Courts Act 1978.

(2)The regulations may provide for such representation only in specified circumstances.

65Rules, regulations and orders

(1)Any power to make rules, orders or regulations which is conferred by this Act is exercisable by statutory instrument.

(2)Any statutory instrument made under this Act may—

(a)contain such incidental, supplemental, consequential and transitional provision as the Lord Chancellor considers appropriate; and

(b)make different provision for different purposes.

(3)Any statutory instrument containing an order, rules or regulations made under this Act, other than an order made under section 5(8) or 67(3), shall be subject to annulment by a resolution of either House of Parliament.

(4)No order shall be made under section 5(8) unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(5)This section does not apply to rules of court made, or any power to make rules of court, for the purposes of this Act.

66Consequential amendments, transitional provisions and repeals

(1)Schedule 8 makes minor and consequential amendments.

(2)Schedule 9 provides for the making of other modifications consequential on provisions of this Act, makes transitional provisions and provides for savings.

(3)Schedule 10 repeals certain enactments.

67Short title, commencement and extent

(1)This Act may be cited as the Family Law Act 1996.

(2)Section 65 and this section come into force on the passing of this Act.

(3)The other provisions of this Act come into force on such day as the Lord Chancellor may by order appoint; and different days may be appointed for different purposes.

(4)This Act, other than section 17, extends only to England and Wales, except that—

(a)in Schedule 8—

(i)the amendments of section 38 of the [1986 c. 55.] Family Law Act 1986 extend also to Northern Ireland;

(ii)the amendments of the [1926 c. 61.] Judicial Proceedings (Regulation of Reports) Act 1926 extend also to Scotland; and

(iii)the amendments of the [1950 c. 37.] Maintenance Orders Act 1950, the [1982 c. 27.] Civil Jurisdiction and Judgments Act 1982, the [1985 c. 54.] Finance Act 1985 and sections 42 and 51 of the Family Law Act 1986 extend also to both Northern Ireland and Scotland; and

(b)in Schedule 10, the repeal of section 2(1)(b) of the [1968 c. 63.] Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 extends also to Scotland.

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