38(1)In section 2 of that Act (offence of abduction of child by other persons), in subsection (1) for the words from “Subject" to “above" there shall be substituted “ Subject to subsection (3) below, a person, other than one mentioned in subsection (2) below." ”E+W
(2)For subsection (2) of that section there shall be substituted—
“(2)The persons are—
(a)where the father and mother of the child in question were married to each other at the time of his birth, the child’s father and mother;
(b)where the father and mother of the child in question were not married to each other at the time of his birth, the child’s mother; and
(c)any other person mentioned in section 1(2)(c) to (e) above.
(3)In proceedings against any person for an offence under this section, it shall be a defence for that person to prove—
(a)where the father and mother of the child in question were not married to each other at the time of his birth—
(i)that he is the child’s father; or
(ii)that, at the time of the alleged offence, he believed, on reasonable grounds, that he was the child’s father; or
(b)that, at the time of the alleged offence, he believed that the child had attained the age of sixteen.”
Commencement Information
I1Sch. 12 para. 38 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)