The Family Law Act 1996 (Modifications of Enactments) Order 1997

Statutory Instruments

1997 No. 1898 (L. 34)

MAGISTRATES COURTS

The Family Law Act 1996 (Modifications of Enactments) Order 1997

Made

28th July 1997

Laid before Parliament

31st July 1997

Coming into force

1st October 1997

The Lord Chancellor, in exercise of the powers conferred on him by paragraph 3 of Schedule 9 to the Family Law Act 1996(1), hereby makes the following Order:

1.  This Order may be cited as the Family Law Act 1996 (Modifications of Enactments) Order 1997 and shall come into force on 1st October 1997.

2.  In section 65(2)(a) of the Magistrates' Courts Act 1980 (Meaning of family proceedings)(2) for “(m) and (n)”, there shall be substituted “(m), (n) and (p)”.

3.  In section 125(4)(c)(ii) of the Magistrates' Courts Act 1980 (Warrants) (3) for “section 18(4) of the Domestic Proceedings and Magistrates' Courts Act 1978(4)”, there shall be substituted “section 47(8) of the Family Law Act 1996”.

Irvine of Lairg, C.

Dated 28th July 1997

Explanatory Note

(This note is not part of the Order)

This Order amends section 65(2) of the Magistrates' Courts Act 1980 so as to enable proceedings to enforce an order made in proceedings under Part IV of the Family Law Act 1996 to be treated as family proceedings. The Order also amends section 125 of the 1980 Act to bring a cross-reference up to date.

(1)

1996 c. 27.

(2)

1980 c. 43; the relevant amending enactments are the Children Act 1989 (c. 49), Sections 92, 108(6), Schedule 11 paragraph 8, Schedule 14, paragraph 1, S.I. 1993/623 and the Family Law Act 1996 (c. 27), Schedule 8 paragraph 49.

(3)

1980 c. 43; the relevant amending enactment is the Police and Criminal Evidence Act 1984 (c. 60), section 33, Schedule 8 paragraph 49.

(4)

1978 c. 22.