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- Point in Time (01/02/1991)
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Version Superseded: 14/10/1991
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[F1[F2X1(1)Where the complaint is for an order under section 9(2) of the M1Guardianship of Minors Act 1971, and the court hearing the complaint is satisfied that, if it made an order under subsection (1) of that section giving the custody of the minor to whom the complaint relates to the complainant, it would have power to make an order under subsection (2) of that section for the payment of sums towards the maintenance of the minor, it shall in determining whether to make an order on the complaint proceed as if it had made an order under subsection (1) of that section giving the custody of the minor to the complainant.]
[F2X1(1)Section 12C(5) of the Guardianship of Minors Act 1971 (revival by High Court or county court of orders for periodical payments) shall not apply in relation to an order made on a complaint for an order under section 11B of that Act.]]
[F3(2)Section 16(4) of the said Act of 1971 (refusal of order in case more suitable for the High Court) shall not apply in relation to a complaint [F4to which subsection (1) above applies][F4for an order under section 11B of that Act] or in relation to an application for the variation or revocation of an order made on such a complaint.]
(3)Where the complaint is for an affiliation order under [F5the M2Affiliation Proceedings Act 1957 or] the M3Illegitimate Children (Affiliation Orders) Act (Northern Ireland) 1924—
(a)it shall be sufficient for the purposes of [F5paragraph (b) of section 2(1) of the said Act of 1957 (time for making complaint) or] paragraph (c) of section 2(3) of the said Act of 1924 [F5(provision to the like effect), as the case may be], to prove that the defendant has within the [F6[F5three years (or] twelve months, [F5in the case of a complaint under the said Act of 1924)]] next after the birth of the child to whom the complaint relates paid money for its maintenance in pursuance of a requirement of the law applied by a court outside the United Kingdom; F7
F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Where the complaint is for an affiliation order under the said Act of 1924, a summons may be issued on the complaint notwithstanding that the complainant has not made the information mentioned in section 2(4) of that Act.
(5)Without prejudice to any other enactment empowering a magistrates’ court to vary an affiliation order made by it, an affiliation order made under [F8the said Act of 1957 or] the said Act of 1924, [F8as the case may be], on the complaint may be varied by such a court so as to entitle any person, other than the complainant, who for the time being has the custody of the child to whom the order relates to any payments to be made under the order.
[F9(6)Section 41 of this Act shall not apply in relation to an order under section 9(2) of the said Act of 1971, [F10or an affiliation order under the said Act of 1957], made on the complaint.]
Editorial Information
X1S. 30(1) commencing “Section 12C(5)” substituted (E.W.) for s.30(1) commencing “Where the” by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 49(2)
Textual Amendments
F1S. 30(1) repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 125(7), Sch. 16 para. 39(3), Sch. 20
F2S. 30(1) commencing “Section 12C(5)” substituted (E.W.) for s.30(1) commencing “Where the” by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 49(2)
F3S. 30(2) repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 125(7), Sch. 16 para. 39(3), Sch. 20
F4Words commencing “for an order” substituted (E.W.) for words commencing “to which subsection” by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 49(3)
F5Words repealed (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(4), Sch. 2 para. 49(4), Sch. 4
F6Words substituted by Affiliation Proceedings (Amendment) Act 1972 (c. 49), s. 2(2)
F7Word and s. 30(3)(b) repealed by Affiliation Proceedings (Amendment) Act 1972 (c. 49), s. 1(4)(c)
F8Words repealed (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(4), Sch. 2 para. 49(5), Sch. 4
F9S. 30(6) repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, 125(7), Sch. 16 para. 39(3), Sch. 20
F10Words repealed (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(4), Sch. 2 para. 49(6), Sch. 4
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