SCHEDULES
SCHEDULE 3TRANSITIONAL PROVISIONS
Interpretation
1
1
In this Schedule “the commencement date” means the date on which section 1 comes into force.
2
Section 1(5) shall apply for the purposes of this Schedule as it applies for the purposes of that section.
Funds in court
2
Any order or directions in force immediately before the commencement date by virtue of any rules of court or other statutory provision (including in particular, section 99F1 of the County Courts Act (Northern Ireland) 1959 [1959 c.25] ) relating to the control of money in any way recovered or awarded or adjudged, ordered or agreed to be payable in respect of the claims of an infant, shall have effect as if any reference therein to the infant's attaining the age of twenty-one years were a reference to his attaining the age of eighteen years or, in relation to a person who by virtue of section 1 attains full age on the commencement date, to that date.
Wardship and custody orders
3
1
Any order in force immediately before the commencement date—
a
making a person a ward of court; or
b
otherwise providing for the custody of, or access to, any person,
which is expressed to continue in force until the person who is the subject of the order attains the age of twenty-one years, or any age between eighteen and twenty-one years, shall have effect as if the reference to his attaining that age were a reference to his attaining the age of eighteen years or, in relation to a person who by virtue of section 1 attains full age on the commencement date, to that date.
2
This paragraph is without prejudice to so much of any order as makes provision for the maintenance or education of a person after he has attained the age of eighteen years.
Adoption orders
4
Section 1 of this Act shall not prevent the making of an adoption order or provisional adoption order under the Adoption Act (Northern Ireland) 1967 [1967 c.35] in respect of a person who has attained the age of eighteen years, if the application for the order was made before the commencement date, and in relation to any such case, that Act shall have effect as if section 1 of this Act had not been enacted.
Power of trustees to apply income for maintenance of minor
5
1
Section 1 of this Act shall not affect section 32 of the Trustee Act (Northern Ireland) 1958 [1958 c.23] in its application to any interest under an instrument made before the commencement date.
2
In any case in which (whether by virtue of this paragraph or paragraph 9 of this Schedule) trustees have power under subsection (1)( a) of the said section 32 to pay income to the parent or guardian of any person who has attained the age of eighteen years, or to apply it for or towards the maintenance, education or benefit of any such person, they shall also have power to pay it to that person himself.
Personal representatives' powers during minority of beneficiary
6
In the case of a beneficiary whose interest arises under a will or codicil made before the commencement date or on the death before that date of an intestate, section 1 of this Act shall not affect the meaning of “infant” in section 38 of the Administration of Estates Act (Northern Ireland) 1955 [1955 c.24] and the words “twenty-one” in subsection (5) of the said section 38 shall have effect as if that section had not been included in Schedule 1 to this Act.
Accumulation periods
7
The change, by virtue of section 1 of this Act, in the construction of section 1 of the Accumulations Act 1892 [1892 c.58] (which lays down the permissible period for the accumulation of income for the purchase of land under settlements and other dispositions) shall not invalidate any direction for accumulation in a settlement or other disposition made by a deed, will or other instrument which was made before the commencement date.
Limitation of actions
8
The change, by virtue of section 1 of this Act, in the construction of section 49(1) of the Statute of Limitations (Northern Ireland) 1958 [1958 c.10] (limitation in case of a person under disability) shall not affect the time for bringing proceedings in respect of a cause of action which arose before the commencement date.
Statutory provisions incorporated in deeds, wills, etc.
9
Section 1 of this Act shall not affect the construction of any statutory provision where it is incorporated in and has effect as part of any deed, will or other instrument the construction of which is not affected by that section.