An Act to amend the law relating to the age of majority, to persons who have not attained that age and to the time when a particular age is attained; to amend the law relating to the property rights of illegitimate children and of other persons whose relationship is traced through an illegitimate link; to make provision for the use of blood tests for the purpose of determining the paternity of any person in civil proceedings; to make provision with respect to the evidence required to rebut a presumption of legitimacy and illegitimacy; to make further provision, in connection with the registration of the birth of an illegitimate child, for entering the name of the father; and for connected purposes.
[25th July 1969]
Extent Information
E1For extent of this Act see s. 28(4)
Modifications etc. (not altering text)
C1Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3
Commencement Information
I1Act not in force at Royal Assent see s. 28(3); Act wholly in force at 1.3.1972
(1)As from the date on which this section comes into force a person shall attain full age on attaining the age of eighteen instead of on attaining the age of twenty-one; and a person shall attain full age on that date if he has then already attained the age of eighteen but not the age of twenty-one.
(2)The foregoing subsection applies for the purposes of any rule of law, and, in the absence of a definition or of any indication of a contrary intention, for the construction of “full age ”, “infant ”, “infancy ”, “minor ”, “minority ” and similar expressions in—
(a)any statutory provision, whether passed or made before, on or after the date on which this section comes into force; and
(b)any deed, will or other instrument of whatever nature (not being a statutory provision) made on or after that date.
(3)In the statutory provisions specified in Schedule 1 to this Act for any reference to the age of twenty-one years there shall be substituted a reference to the age of eighteen years; but the amendment by this subsection of the provisions specified in Part II of that Schedule shall be without prejuduce to any power of amending or revoking those provisions.
(4)This section does not affect the construction of any such expression as is referred to in subsection (2) of this section in any of the statutory provisions described in Schedule 2 to this Act, and the transitional provisions and savings contained in Schedule 3 to this Act shall have effect in relation to this section.
(5)The Lord Chancellor may by order made by statutory instrument amend any provision in any local enactment passed on or before the date on which this section comes into force (not being a provision described in paragraph 2 of Schedule 2 to this Act) by substituting a reference to the age of eighteen years for any reference therein to the age of twenty-one years; and any statutory instrument containing an order under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6)In this section “statutory provision ” means any enactment (including, except where the context otherwise requires, this Act) and any order, rule, regulation, byelaw or other instrument made in the exercise of a power conferred by any enactment.
(7)Notwithstanding any rule of law, a will or codicil executed before the date on which this section comes into force shall not be treated for the purposes of this section as made on or after that date by reason only that the will or codicil is confirmed by a codicil executed on or after that date.
Modifications etc. (not altering text)
C2S. 1 applied by Finance Act 1969 (c. 32), s. 16(1)
(1)In the following enactments, that is to say—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(b)paragraph 2(c) of Part I of the Schedule to the M1Marriage with Foreigners Act 1906 (persons under 21 seeking certificate to swear that necessary consents have been obtained);
(c)section 78(1) of the M2Marriage Act 1949 (definition of “infant ” as person under the age of 21),
for the words “twenty-one years ” there shall be substituted the words “eighteen years ”.
(2)In subsection (5) of section 3 of the said Act of 1949 (which defines the courts having jurisdiction to consent to the marriage of an infant)—
(a)for the words “the county court of the district in which any respondent resides ” there shall be substituted the words “the county court of the district in which any applicant or respondent resides ”; and
(b)after the words “or a court of summary jurisdiction ” there shall be inserted the words “having jurisdiction in the place in which any applicant or respondent resides ”.
(3)Where for the purpose of obtaining a certificate or licence for marriage under Part III of the said Act of 1949 a person declares that the consent of any person or persons whose consent to the marriage is required under the said section 3 has been obtained, the superintendent registrar may refuse to issue the certificate or licence for marriage unless satisfied by the production of written evidence that the consent of that person or of those persons has in fact been obtained.
(4)In this section any expression which is also used in the said Act of 1949 has the same meaning as in that Act.
Textual Amendments
F1S. 2(1)(a) repealed by Foreign Marriage (Amendment) Act 1988 (c. 44, SIF 49:1), s. 7(2), Sch.
Modifications etc. (not altering text)
C3The text of ss. 2(1), 19(2), Sch. 1 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991
C4The text of ss. 2(2), 10(3), 11(b)(c), is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991
Marginal Citations
(1)In the following enactments, that is to say—
(a)section 7 of the M3Wills Act 1837 (invalidity of wills made by persons under 21);
(b)sections 1 and 3(1) of the M4Wills (Soldiers and Sailors) Act 1918 (soldier etc. eligible to make will and dispose of real property although under 21),
in their application to wills made after the coming into force of this section, for the words “twenty-one years ” there shall be substituted the words “eighteen years ”.
(2)In section 47(1)(i) of the M5Administration of Estates Act 1925 (statutory trusts on intestacy), in its application to the estate of an intestate dying after the coming into force of this section, for the words “twenty-one years ” in both places where they occur there shall be substituted the words “eighteen years ”.
(3)Any will which—
(a)has been made, whether before or after the coming into force of this section, by a person under the age of eighteen; and
(b)is valid by virtue of the provisions of section 11 of the said Act of 1837 and the said Act of 1918,
may be revoked by that person notwithstanding that he is still under that age whether or not the circumstances are then such that he would be entitled to make a valid will under those provisions.
(4)In this section “will ” has the same meaning as in the said Act of 1837 and “intestate ” has the same meaning as in the said Act of 1925.
Textual Amendments
F2S. 4 repealed by Guardianship of Minors Act 1971 (c. 3), Sch. 2
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
Textual Amendments
F3S. 5(1) repealed by Inheritance (Provision for Family and Dependants) Act 1975 (c. 63, SIF 116:1), s. 26(2), Sch. (with a saving in s. 26(3) in relation to applications made with reference to a death before 1.4.1976)
F4S. 5(2) repealed by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 89(2)(b), Sch. 3
(1)In this section “the court ” means any of the following courts in the exercise of its jurisdiction relating to the wardship of children, that is to say, the High Court, . . . F7, and “ward of court ” means a ward of the court in question [F8and references (however expressed) to any relationship between two persons shall be construed in accordance with section 1 of the Family Law Reform Act 1987].
(2)Subject to the provisions of this section, the court may make an order—
(a)requiring either parent of a ward of court to pay to the other parent; or
(b)requiring either parent or both parents of a ward of court to pay to any other person having the care and control of the ward [F9or to the ward],
such weekly or other periodical sums towards the maintenance and education of the ward as the court thinks reasonable having regard to the means of the person or persons on whom the requirement is imposed.
[F10(3)Section 12 of the M6Guardianship of Minors Act 1971 (duration of orders for maintenance) and subsections (4), (5) and (6) of section 12C of that Act (variation and revival of orders for periodical payments) shall apply in relation to an order made under subsection (2) of this section as they apply in relation to an order made by the High Court under section 11B of that Act.]
(4)Subject to the provisions of this section, where a person who has ceased to be a minor but has not attained the age of twenty-one has at any time been the subject of an order making him a ward of court, the court may, on the application of either parent of that person or of that person himself, make an order requiring either parent to pay to the other parent, to anyone else for the benefit of that person or to that person himself, in respect of any period not extending beyond the date when he attains the said age, such weekly or other periodical sums towards his maintenance or education as the court thinks reasonable having regard to the means of the person on whom the requirement in question is imposed.
(5)No order shall be made under this section, and no liability under such an order shall accrue, at a time when the parents of the ward or former ward, as the case may be, are residing together, and if they so reside for a period of [F11six months] after such an order has been made it shall cease to have effect; but the foregoing provisions of this subsection shall not apply to any order made by virtue of subsection (2)(b) of this section.
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
(7)Any order under this section, [F13or under section 27 of the Judicature (Northern Ireland) Act 1978], shall be included among the orders to which section 16 of the M7Maintenance Orders Act 1950 applies; and any order under this section shall be included among the orders mentioned in section 2(1)(d) of the M8Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 [F14and be deemed to be a maintenance order within the meaning of the M9Maintenance Orders Act 1958].
(8)The court shall have power from time to time by an order under this section to vary or discharge any previous order thereunder.]
Textual Amendments
F6S. 6 repealed (prosp..) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 124(3), 125(7), Sch. 20
F7Words repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. II
F8Words added by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 20(2)
F9Words inserted by Administration of Justice Act 1982 (c. 53, SIF 37), ss. 50, 77(6)
F10S. 6(3) substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 20(3)
F11Words substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 20(4)
F13Words substituted by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38), s. 122(3), Sch. 5
F14Words repealed (E.W.)(S.) by Administration of Justice Act 1970 (c. 31), Sch. 11
Modifications etc. (not altering text)
C5S. 6 amended by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 2(1)(b)
Marginal Citations
(1)In this section “the court ” means any of the following courts in the exercise of its jurisdiction relating to the wardship of children, that is to say, the High Court, . . . F16, and “ward of court ” means a ward of the court in question.
(2)Where it appears to the court that there are exceptional circumstances making it impracticable or undesirable for a ward of court to be, or to continue to be, under the care of either of his parents or of any other individual the court may, if it thinks fit, make an order committing the care of the ward to a local authority; [F17and thereupon—
(a)Part III of the M10Child Care Act 1980 (which relates to the treatment of children in the care of a local authority); and
(b)for the purposes only of contributions by the child himself at a time when he has attained the age of 16, Part V of that Act (which relates to contributions towards the maintenance of children in the care of a local authority),
shall apply, subject to the next following subsection, as if the child had been received by the local authority into their care under section 2 of that Act]
(3)In subsection (2) of this section “local authority ” means one of the local authorities referred to in subsection (1) of [F18section 43 of the M11Matrimonial Causes Act 1973] (under which a child may be committed to the care of a local authority by a court having jurisdiction to make an order for its custody); and subsections (2) to (6) of that section (ancillary provisions) shall have effect as if any reference therein to that section included a reference to subsection (2) of this section [F19and as if, in relation to a ward of court, the reference in subsection (5)(b) to sections 24 and 28 of the Child Care Act 1980 included a reference to section 23 of that Act (guarantee of apprenticeship deeds) and section 29 of the Act (visiting and assistance of persons formerly in care)].
(4)Where it appears to the court that there are exceptional circumstances making it desirable that a ward of court (not being a ward who in pursuance of an order under subsection (2) of this section is in the care of a local authority) should be under the supervision of an independent person, the court may, as respects such period as the court thinks fit, order that the ward be under the supervision of a welfare officer or of a local authority; and [F18section 44(2) of the Matrimonial Causes Act 1973] (ancillary provisions where a child is placed under supervision by a court having jurisdiction to make an order for its custody) shall have effect as if any reference therein to that section included a reference to this subsection.
(5)The court shall have power from time to time by an order under this section to vary or discharge any previous order thereunder.]
Textual Amendments
F15S. 7 repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), ss. 100(1), 108, Sch. 15 (with Sch. 14 paras. 1(1), 27(4))
F16Words repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. II
F17Words substituted by virtue of Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), ss.9, 33(1)(2), Sch. 2 para. 9
F18Words substituted by Matrimonial Causes Act 1973 (c. 18), s. 54, Sch. 2 para. 8
F19Words added by Child Care Act 1980 (c. 5), s. 89(2), Sch. 5 para. 23(b)
Modifications etc. (not altering text)
C6S. 7(4) extended by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1
Marginal Citations
(1)The consent of a minor who has attained the age of sixteen years to any surgical, medical or dental treatment which, in the absence of consent, would constitute a trespass to his person, shall be as effective as it would be if he were of full age; and where a minor has by virtue of this section given an effective consent to any treatment it shall not be necessary to obtain any consent for it from his parent or guardian.
(2)In this section “surgical, medical or dental treatment ” includes any procedure undertaken for the purposes of diagnosis, and this section applies to any procedure (including, in particular, the administration of an anaesthetic) which is ancillary to any treatment as it applies to that treatment.
(3)Nothing in this section shall be construed as making ineffective any consent which would have been effective if this section had not been enacted.
(1)The time at which a person attains a particular age expressed in years shall be the commencement of the relevant anniversary of the date of his birth.
(2)This section applies only where the relevant anniversary falls on a date after that on which this section comes into force, and, in relation to any enactment, deed, will or other instrument, has effect subject to any provision therein.
Modifications etc. (not altering text)
C7S. 9 excluded by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 259(9)
(1)Section 1(1) of this Act shall apply for the construction of the expression “minor ” in section 2(2) of the M12Civil List Act 1952 (which relates to the amount payable for the Queen’s Civil List while the Duke of Cornwall is for the time being a minor) and accordingly—
(a)section 2(2)(b) of that Act (which relates to the three years during which the Duke is over 18 but under 21); and
(b)in section 2(2)(a) of that Act the words “for each year whilst he is under the age of eighteen years ”,
are hereby repealed except in relation to any period falling before section 1 of this Act comes into force.
(2)In section 4(1)(a) of the said Act of 1952 (under which benefits are provided for the children of Her Majesty, other than the Duke of Cornwall, who attain the age of 21 or marry) for the words “twenty-one years ” there shall be substituted the words “eighteen years ” but no sum shall be payable by virtue of this subsection in respect of any period falling before section 1 of this Act comes into force.
(3)In section 38 of the M13Duchy of Cornwall Management Act 1863 (under which certain rights and powers of the Duke of Cornwall may, while he is under 21, be exercised on his behalf by the Sovereign or persons acting under Her authority) for the words “twenty-one years ” wherever they occur there shall be substituted the words “eighteen years ”.
Modifications etc. (not altering text)
C8The text of ss. 2(2), 10(3), 11(b)(c), is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991
Marginal Citations
The following enactments are hereby repealed—
(a)the M14Infant Settlements Act 1855 (which enables a male infant over 20 and a female infant over 17 to make a marriage settlement), together with section 27(3) of the M15Settled Land Act 1925, except in relation to anything done before the coming into force of this section;
(b)in section 6 of the M16Employers and Workmen Act 1875 (powers of justices in respect of apprentices)—
(i)the paragraph numbered (1) (power to direct apprentice to perform his duties), and
(ii)the sentence following the paragraph numbered (2) (power to order imprisonment of an apprentice who fails to comply with direction);
(c)in the M17Sexual 0ffences Act 1956, section 18 and paragraph 5 of Schedule 2 (fraudulent abduction of heiress).
Modifications etc. (not altering text)
C9The text of ss. 2(2), 10(3), 11(b)(c), is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991
Marginal Citations
A person who is not of full age may be described as a minor instead of as an infant, and accordingly in this Act “minor ” means such a person as aforesaid.
Textual Amendments
Textual Amendments
F21S. 14repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(2)(4), 34(5), Sch. 3 paras. 1, 6, 8, Sch. 4
Textual Amendments
F22S. 15repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(2)(4), 34(5), Sch. 3 paras. 1, 6, 9, Sch. 4
Textual Amendments
F23S. 16 repealed (with saving) by Administration of Justice Act 1982 (c. 53, SIF 116:5), ss. 73(6), 75, Sch. 9 Pt. I
Textual Amendments
F24S. 17 repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 20, 33(2)(4), 34(5), Sch. 3 paras. 1, 6, 10, Sch. 4
Textual Amendments
F25S. 18repealed by Inheritance (Provision for Family and Dependants) Act 1975 (c. 63, SIF 116:1), s. 26(2), Sch. (with a saving in s. 26(3) in relation to applications made with reference to a death before 1.4.1976)
(1)In section 11 of the M18Married Women’s Property Act 1882 and section 2 of the M19Married Women’s Policies of Assurance (Scotland) Act 1880 (policies of assurance effected for the benefit of children) the expression “children ” shall include illegitimate children.
(2)In section 25(2) of the M20Industrial and Provident Societies Act 1965 (application of property in registered society where member was illegitimate and is not survived by certain specified relatives) for the words “and leaves no widow, widower or issue, and his mother does not survive him ” there shall be substituted the words “and leaves no widow, widower or issue (including any illegitimate child of the member) and neither of his parents survives him ”.
(3)Subsection (1) of this section does not affect the operation of the said Acts of 1882 and 1880 in relation to a policy effected before the coming into force of that subsection; and subsection (2) of this section does not affect the operation of the said Act of 1965 in relation to a member of a registered society who dies before the coming into force of the said subsection (2).]
Textual Amendments
F26S. 19 repealed (so far as it relates to s. 2 of Married Women's Policies of Assurance Scotland Act 1880) by Married Women's Policies of Assurance (Scotland) (Amendment) Act 1980 (c. 56, SIF 49:6), s. 5
Modifications etc. (not altering text)
C10The text of ss. 2(1), 19(2), Sch. 1 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991
Marginal Citations
[F27(1)In any civil proceedings in which the paternity of any person falls to be determined by the court hearing the proceedings, the court may, on an application by any party to the proceedings, give a direction for the use of blood tests to ascertain whether such tests show that a party to the proceedings is or is not thereby excluded from being the father of that person and for the taking, within a period to be specified in the direction, of blood samples from that person, the mother of that person and any party alleged to be the father of that person or from any, or any two, of those persons.
A court may at any time revoke or vary a direction previously given by it under this section.]
[F27(1)In any civil proceedings in which the parentage of any person falls to be determined, the court may, either of its own motion or on an application by any party to the proceedings, give a direction—
(a)for the use of scientific tests to ascertain whether such tests show that a party to the proceedings is or is not the father or mother of that person; and
(b)for the taking, within a period specified in the direction, of bodily samples from all or any of the following, namely, that person, any party who is alleged to be the father or mother of that person and any other party to the proceedings;
and the court may at any time revoke or vary a direction previously given by it under this subsection.]
(a)an application is made for a direction under this section; and
(b)the person whose paternity is in issue is under the age of eighteen when the application is made,
the application shall specify who is to carry out the tests.
(1B)In the case of a direction made on an application to which subsection (1A) applies the court shall]—
[F29(1A)An application for a direction under this section shall specify who is to carry out the tests.
(1B)A direction under this section shall]
(a)specify, as the person who is to carry out the tests, the person specified in the application; or
(b)where the court considers that it would be inappropriate to specify that person (whether because to specify him would be incompatible with any provision made by or under regulations made under section 22 of this Act or for any other reason), decline to give the direction applied for.]
[F30(2)The person responsible for carrying out blood tests taken for the purpose of giving effect to a direction under this section shall make to the court by which the direction was given a report in which he shall state—
(a)the results of the tests;
(b)whether the party to whom the report relates is or is not excluded by the results from being the father of the person whose paternity is to be determined; and
(c)if that party is not so excluded, the value, if any, of the results in determining whether that party is that person’s father;
and the report shall be received by the court as evidence in the proceedings of the matters stated therein.]
[F30(2)The person responsible for carrying out scientific tests in pursuance of a direction under subsection (1) above shall make to the court a report in which he shall state—
(a)the results of the tests;
(b)whether any party to whom the report relates is or is not excluded by the results from being the father or mother of the person whose parentage is to be determined; and
(c)in relation to any party who is not so excluded, the value, if any, of the results in determining whether that party is the father or mother of that person;
and the report shall be received by the court as evidence in the proceedings of the matters stated in it.
(2A)Where the proceedings in which the parentage of any person falls to be determined are proceedings on an application under section 56 of the M21Family Law Act 1986, any reference in subsection (1) or (2) of this section to any party to the proceedings shall include a reference to any person named in the application.]
(3)A report under subsection (2) of this section shall be in the form prescribed by regulations made under section 22 of this Act.
(4)Where a report has been made to a court under subsection (2) of this section, any party may, with the leave of the court, or shall, if the court so directs, obtain from the person who made the report a written statement explaining or amplifying any statement made in the report, and that statement shall be deemed for the purposes of this section (except subsection (3) thereof) to form part of the report made to the court.
(5)Where a direction is given under this section in any proceedings, a party to the proceedings, unless the court otherwise directs, shall not be entitled to call as a witness the person responsible for carrying out the tests taken for the purpose of giving effect to the direction, or any person by whom any thing necessary for the purpose of enabling those tests to be carried out was done, unless within fourteen days after receiving a copy of the report he serves notice on the other parties to the proceedings, or on such of them as the court may direct, of his intention to call that person; and where any such person is called as a witness the party who called him shall be entitled to cross-examine him.
(6)Where a direction is given under this section the party on whose application the direction is given shall pay the cost of taking and testing [F31blood samples][F31bodily samples] for the purpose of giving effect to the direction (including any expenses reasonably incurred by any person in taking any steps required of him for the purpose), and of making a report to the court under this section, but the amount paid shall be treated as costs incurred by him in the proceedings.
Textual Amendments
F27S. 20(1) beginning “In any civil proceedings in which the parentage ” substituted (prosp.) for s. 20(1) beginning “In any civil proceedings in which the paternity ” by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 23, 34(2)(5)
F28S. 20(1A)(1B) inserted (prosp.) by Children Act 1989 (c. 41, SIF 20), ss. 89, 108 (with Sch. 14 para. 1(1))
F29Words “(1A) An application ” to “section shall ” substituted (prosp.) for words “(1A) Where ” to “the court shall ” by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 3
F30S. 20(2)(2A) substituted (prosp.) for s. 20(2) by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 23, 34(2)(5)
F31Words “bodily samples ” substituted (prosp.) for words “blood samples ” by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(1), 34(2)(5), Sch. 2 para. 21
Modifications etc. (not altering text)
Marginal Citations
(1)Subject to the provisions of subsections (3) and (4) of this section, a blood sample which is required to be taken from any person for the purpose of giving effect to a direction under section 20 of this Act shall not be taken from that person except with his consent.
(2)The consent of a minor who has attained the age of sixteen years to the taking from himself of a blood sample shall be as effective as it would be if he were of full age; and where a minor has by virtue of this subsection given an effective consent to the taking of a blood sample it shall not be necessary to obtain any consent for it from any other person.
(3)A blood sample may be taken from a person under the age of sixteen years, not being such a person as is referred to in subsection (4) of this section, if the person who has the care and control of him consents.
(4)A blood sample may be taken from a person who is suffering from mental disorder within the meaning of the [F32M22Mental Health Act 1983] and is incapable of understanding the nature and purpose of blood tests if the person who has the care and control of him consents and the medical practitioner in whose care he is has certified that the taking of a blood sample from him will not be prejudicial to his proper care and treatment.
(5)The foregoing provisions of this section are without prejudice to the provisions of section 23 of this Act.
Textual Amendments
F32Words substituted by Mental Health Act 1983 (c. 20, SIF 85), ss. 146, 147, 148, Sch. 4 para. 25
Marginal Citations
(1)The Secretary of State may by regulations make provision as to the manner of giving effect to directions under section 20 of this Act and, in particular, any such regulations may—
(a)provide that blood samples shall not be taken except by such medical practitioners as may be appointed by the Secretary of State;
(b)regulate the taking, identification and transport of blood samples;
(c)require the production at the time when a blood sample is to be taken of such evidence of the identity of the person from whom it is to be taken as may be prescribed by the regulations;
(d)require any person from whom a blood sample is to be taken, or, in such cases as may be prescribed by the regulations, such other person as may be so prescribed, to state in writing whether he or the person from whom the sample is to be taken, as the case may be, has during such period as may be specified in the regulations suffered from any such illness as may be so specified or received a transfusion of blood;
(e)provide that blood tests shall not be carried out except by such persons, and at such places, as may be appointed by the Secretary of State;
(f)prescribe the blood tests to be carried out and the manner in which they are to be carried out;
(g)regulate the charges that may be made for the taking and testing of blood samples and for the making of a report to a court under section 20 of this Act;
(h)make provision for securing that so far as practicable the blood samples to be tested for the purpose of giving effect to a direction under section 20 of this Act are tested by the same person;
(i)prescribe the form of the report to be made to a court under section 20 of this Act.
(2)The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1)Where a court gives a direction under section 20 of this Act and any person fails to take any step required of him for the purpose of giving effect to the direction, the court may draw such inferences, if any, from that fact as appear proper in the circumstances.
(2)Where in any proceedings in which the [F33paternity][F33parentage] of any person falls to be determined by the court hearing the proceedings there is a presumption of law that that person is legitimate, then if—
(a)a direction is given under section 20 of this Act in those proceedings, and
(b)any party who is claiming any relief in the proceedings and who for the purpose of obtaining that relief is entitled to rely on the presumption fails to take any step required of him for the purpose of giving effect to the direction,
the court may adjourn the hearing for such period as it thinks fit to enable that party to take that step, and if at the end of that period he has failed without reasonable cause to take it the court may, without prejudice to subsection (1) of this section, dismiss his claim for relief notwithstanding the absence of evidence to rebut the presumption.
(3)Where any person named in a direction under section 20 of this Act fails to consent to the taking of a [F34blood sample][F34bodily sample] from himself or from any person named in the direction of whom he has the care and control, he shall be deemed for the purposes of this section to have failed to take a step required of him for the purpose of giving effect to the direction.
Textual Amendments
F33Word “parentage ” substituted (prosp.) for word “paternity ” by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(1), 34(2)(5), Sch. 2 para. 24(a)
F34Words “bodily sample ” substituted (prosp.) for words “blood sample ” by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(1), 34(2)(5), Sch. 2 para. 24(b)
If for the purpose of providing a [F35blood sample][F35bodily sample] for a test required to give effect to a direction under section 20 of this Act any person personates another, or proffers a child knowing that it is not the child named in the direction, he shall be liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding two years, or
(b)on summary conviction, to a fine not exceeding £400.
Textual Amendments
F35Words “bodily sample ” substituted (prosp.) for words “blood sample ” by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(1), 34(2)(5), Sch. 2 para. 25
In this Part of this Act the following expressions have the meanings hereby respectively assigned to them, that is to say—
[F36 “blood samples ” means blood taken for the purpose of blood tests;
“blood tests ” means blood tests carried out under this Part of this Act and includes any test made with the object of ascertaining the inheritable characteristics of blood;]
[F36 “bodily sample ” means a sample of bodily fluid or bodily tissue taken for the purpose of scientific tests;]
“excluded ” means excluded subject to the occurrence of mutation [F37to section 27 of the M23Family Law Reform Act 1987 and to sections 27 to 29 of the Human Fertilisation and Embryology Act 1990].
[F38 “scientific tests ” means scientific tests carried out under this Part of this Act and made with the object of ascertaining the inheritable characteristics of bodily fluids or bodily tissue.]
Textual Amendments
F36Definition of “bodily sample ” substituted (prosp.) for the definitions of “blood samples ” and “blood tests ” by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 23(2)(a), 34(2)(5)
F37Words added (prosp.) by Human Fertilisation and Embryology Act 1990 (c.37, SIF 83:1), ss. 39(3), 43(2), 49(2)(5), Sch. 4 para. 1
F38Definition inserted (prosp.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 23(2)(b), 34(2)(5)
Marginal Citations
Any presumption of law as to the legitimacy or illegitimacy of any person may in any civil proceedings be rebutted by evidence which shows that it is more probable than not that that person is illegitimate or legitimate, as the case may be, and it shall not be necessary to prove that fact beyond reasonable doubt in order to rebut the presumption.
Textual Amendments
(1)This Act may be cited as the Family Law Reform Act 1969.
(2)Except where the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment, including this Act.
(3)This Act shall come into force on such date as the Lord Chancellor may appoint by order made by statutory instrument, and different dates may be appointed for the coming into force of different provisions.
(4)In this Act—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40
(b)section 2, so far as it amends any provision of . . . F41 the M24Marriage with Foreigners Act 1906, has the same extent as that provision;
(c)sections . . . F42 6(7), so far as they affect Part II of the M25Maintenance Orders Act 1950, extend to Scotland and Northern Ireland;
(d)section 10, so far as it relates to the M26Civil List Act 1952, extends to Scotland and Northern Ireland;
(e)section 11, so far as it relates to the M27Employers and Workmen Act 1875, extends to Scotland;
(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43
(g)section 19 extends to Scotland;
but, save as aforesaid, this Act shall extend to England and Wales only.
Subordinate Legislation Made
P1S. 28(3): power exercised by S.I. 1969/1140 and 1971/1857
Textual Amendments
F40S. 28(4)(a) repealed by British Nationality Act 1981 (c. 61, SIF 87), s. 53(2), Sch. 9
F41Words repealed by Foreign Marriage (Amendment) Act 1988 (c. 44, SIF 49:1), s. 7(2), Sch.
F42Words repealed by Guardianship of Minors Act 1971 (c. 3), Sch. 2
F43S. 28(4)(f) repealed by Northern Ireland Constitution Act 1973 (c. 36), s. 41(1), Sch. 6 Pt. I
Marginal Citations
Section 1(3).
Modifications etc. (not altering text)
C12The text of ss. 2(1), 19(2), Sch. 1 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991
| Short title | Section | Subject matter | |
|---|---|---|---|
| c. 24. | The Tenures Abolition Act 1660. | sections 8 and 9. | Custody of children under 21. |
| c. 22. | The Trade Union Act Amendment Act 1876. | Section 9. | Persons under 21 but above 16 eligible as members of trade union but not of committee of management etc. |
| . . . F44 | . . . F44 | . . . F44 | . . . F44 |
| c. 18. | The Settled Land Act 1925. | Section 102(5). | Management of land during minority. |
| c. 19. | The Trustee Act 1925. | Section 31(1)(ii), (2)(i)(a) and (b). | Power to apply income for maintenance and to accumulate surplus income during a minority. |
| c. 20. | The Law of Property Act 1925. | Section 134(1). | Restriction on executory limitations |
| . . . F45 | . . . F45 | . . . F45 | . . . F45 |
| . . . F46 | . . . F46 | . . . F46 | . . . F46 |
| . . . F47 | . . . F47 | . . . F47 | . . . F47 |
| c. 46. | The Hypnotism Act 1952. | Section 3. | Persons under 21 not to be hypnotised at public entertainment. |
| c. 63. | The Trustee Savings Banks Act 1954. | Section 23. | Payments to persons under 21. |
| . . . F48 | . . . F48 | . . . F48 | . . . F48 |
| c. 5. | The Adoption Act 1958. | Section 57(1). | Definition of “infant ” by reference to age of 21. |
| . . . F49 | . . . F49 | . . . F49 | . . . F49 |
| . . . F48 | . . . F48 | . . . F48 | . . . F48 |
| . . . F48 | . . . F48 | ||
| . . . F48 | . . . F48 | ||
| . . . F50 | . . . F50 | . . . F50 | . . . F50 |
| . . . F50 | . . . F50 | ||
| c. 2. | The Betting, Gaming and Lotteries Act 1963. | Section 22(1) and (3). | Offence of sending betting advertisements to persons under 21. |
| c. 12. | The Industrial and Provident Societies Act 1965. | Section 20. | Persons under 21 but above 16 eligible as members of society but not of committee etc. |
Textual Amendments
F44Entry relating to the Friendly Societies Act 1886 (c. 25), s. 36 repealed by Friendly Societies Act 1974 (c. 46), s.116(4), Sch. 11
F45Entry relating to Supreme Court of Judicature (Consolidation) Act 1925 (c. 49), s. 165(1) repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7
F46Entry relating to British Nationality Act 1948 (c. 56, SIF 87), s. 32(1)(9) repealed by British Nationality Act 1981 (c. 61, SIF 87), s. 53(2), Sch. 9
F47Entry relating to Customs and Excise Act 1952 (c. 44), s. 244(2)(a) repealed by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), s. 177(3), Sch. 6 Pt. I
F48Entries relating to the Sexual Offences Act 1956 and the Mental Health Act 1959 repealed by Guardianship Act 1973 (c. 29, SIF 49:9), s. 9, Sch. 3 and entries relating to the Mental Health Act 1959 are also expressed to be repealed by Mental Health Act 1983 (c. 20, SIF 85), s. 134, Sch. 6
F49Entry relating to County Courts Act 1959 (c. 22) repealed by County Courts Act 1984 (c. 28, SIF 34), ss. 148(3), 149(3), Sch. 4
F50Entry relating to the Building Societies Act 1962 (c. 37) repealed by Building Societies Act 1986 (c. 53, SIF 16), s. 120, Sch. 19 Pt. I
| Title | Provision | Subject matter | |
|---|---|---|---|
| 1927 S.R. & O. 1184; 1953 S.I 264. | The Supreme Court Funds Rules 1927 as amended by the Supreme Court Funds Rules 1953. | Rule 97(1)(i). | Unclaimed moneys in court. |
| 1929 S.R. & O. 1048. | The Trustee Savings Banks Regulations 1929. | Regulation 28(2). | Payments to persons under 21. |
| 1933 S.R. & O. 1149. | The Savings Certificates Regulations 1933. | Regulation 2(1)(a) | Persons entitled to purchase and hold certificates. |
| Regulation 21(2). | Persons under disability. | ||
| 1946 S.R. & O. 1156. | The North of Scotland Hydro-Electric Board (Borrowing and Stock) Regulations 1946. | Regulation 36(1) and (2). | Stock held by persons under 21. |
| 1949 S.I. 751. | The Gas (Stock) Regulations 1949. | Regulation 19(1) and (2). | Stock held by persons under 21. |
| 1954 S.I. 796. | The Non-Contentious Probate Rules 1954. | Rules 31 and 32. | Grants of probate on behalf of infant and where infant is co-executor. |
| 1955 S.I. 1752. | The South of Scotland Electricity Board (Borrowing and Stock) Regulations 1955. | Regulation 30(1) and (2). | Stock held by persons under 21. |
| 1956 S.I. 1657. | The Premium Savings Bonds Regulations 1956. | Regulation 2(1). | Persons entitled to purchase and hold bonds. |
| Regulation 12(2). | Persons under disability. | ||
| 1957 S.I. 2228. | The Electricity (Stock) Regulations 1957. | Regulation 22(1) and (2). | Stock held by persons under 21. |
| 1963 S.I. 935. | The Exchange of Securities (General) Rules 1963. | Rule 1(1). | Definition of “minor ”. |
| 1965 S.I. 1420. | The Government Stock Regulations 1965. | Regulation 14(1), (2), (3) and (5). | Stock held by persons under 21. |
| 1965 S.I. 1500. | The County Court Funds Rules 1965. | Rule 36(1)(b). | Unclaimed moneys in court. |
| 1965 S.I. 1707. | The Mayor’s and City of London Court Funds Rules 1965. | Rule 25(1)(b). | Unclaimed moneys in court. |
| 1968 S.I. 2049. | The Registration of Births, Deaths and Marriages Regulations 1968. | Regulation 63 and, in Schedule 1, Forms 15 to 18. | Forms of notice of marriage. |
Section 1(4).
1E+WThe Regency Acts 1937 to 1953.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51, section 7 of the M28Parliamentary Elections Act 1695, section 57 of the M29Local Government Act 1933. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51.
Textual Amendments
F51Words repealed by Representation of the People Act 1983 (c. 2, SIF 42), ss. 204, 205, 206, Sch. 9 Pt. I
Marginal Citations
F523E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F52Sch. 2 para. 3 repealed by Finance Act 1969 (c. 32), s. 16(1), Sch. 21 Pt. IV
Section 1(4).
1(1)In this Schedule “the principal section ” means section 1 of this Act and “the commencement date ” means the date on which that section comes into force.E+W
(2)Subsection (7) of the principal section shall apply for the purposes of this Schedule as it applies for the purposes of that section.
2E+WAny order or directions in force immediately before the commencement date by virtue of—
(a)any rules of court or other statutory provision (including, in particular, section 174 of the M30County Courts Act 1959) relating to the control of money recovered by or otherwise payable to an infant in any proceedings; or
(b)section 19 of the M31Administration of Justice Act 1965 (control of money recovered by widow in fatal accident proceedings which are also brought for the benefit of an infant),
shall have effect as if any reference therein to the infant’s attaining the age of twenty-one were a reference to his attaining the age of eighteen or, in relation to a person who by virtue of the principal section attains full age on the commencement date, to that date.
3(1)Any order in force immediately before the commencement date—E+W
(a)making a person a ward of court; or
(b)under the M32M33Guardianship of Infants Acts 1886 and 1925, or under the M34Matrimonial Causes Act 1965 or any enactment repealed by that Act, 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, or any age between eighteen and twenty-one, shall have effect as if the reference to his attaining that age were a reference to his attaining the age of eighteen or, in relation to a person who by virtue of the principal section 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.
4E+WThe principal section shall not prevent the making of an adoption order or provisional adoption order under the M35Adoption Act 1958 in respect of a person who has attained the age of eighteen 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 the principal section had not been enacted.
Marginal Citations
5(1)The principal section shall not affect section 31 of the M36Trustee Act 1925—E+W
(a)in its application to any interest under an instrument made before the commencement date; or
(b)in its application, by virtue of section 47(1)(ii) of the Administration of M37Estates Act 1925, to the estate of an intestate (within the meaning of that Act) dying before that 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)(i) of the said section 31 to pay income to the parent or guardian of any person who has attained the age of eighteen, 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.
6E+WThe principal section shall not affect the meaning of “minority ” in sections 33(3) and 39(1) of the Administration of Estates Act 1925 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 (within the meaning of that Act).
7E+WThe change, by virtue of the principal section, in the construction of—
(a)sections 164 to 166 of the M38Law of Property Act 1925;
(b)section 13(1) of the M39Perpetuities and Accumulations Act 1964,
(which lay down permissible periods for the accumulation of income 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.
8E+WThe change, by virtue of the principal section, in the construction of section 31(2) of the M40Limitation Act 1939 (limitation in case of person under disability) shall not affect the time for bringing proceedings in respect of a cause of action which arose before the commencement date.
Marginal Citations
9E+WThe principal section 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.