Enforcement of certain existing ordersE+W
10(1)Sub-paragraph (2) applies in relation to any existing order which, but for the repeal by this Act of—E+W
(a)section 13(1) of the Guardianship M1of Minors Act 1971;
(b)section 43(1) of the M2Children Act 1975; or
(c)section 33 of the M3Domestic Proceedings and Magistrates’ Courts Act 1978,
(provisions concerning the enforcement of custody orders) might have been enforced as if it were an order requiring a person to give up a child to another person.
(2)Where this sub-paragraph applies, the existing order may, after the repeal of the enactments mentioned in sub-paragraph (1)(a) to (c), be enforced under section 14 as if—
(a)any reference to a residence order were a reference to the existing order; and
(b)any reference to a person in whose favour the residence order is in force were a reference to a person to whom actual custody of the child is given by an existing order which is in force.
(3)In sub-paragraph (2) “actual custody”, in relation to a child, means the actual possession of his person.
Commencement Information
I1Sch. 14 para. 10 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
Marginal Citations