C1Part I Child Custody
Chapter V Recognition and Enforcement
32 Interpretation of Chapter V.
1
In this Chapter—
“the appropriate court”, in relation to England and Wales or Northern Ireland, means the High Court and, in relation to Scotland, means the Court of Session;
“F1Part I order” includes (except where the context otherwise requires) any order within section 1(3) of this Act which, on the assumptions mentioned in subsection (3) below—
a
could have been made notwithstanding the provisions of this Part;
b
would have been a F1Part I order for the purposes of this Part; and
c
would not have ceased to have effect by virtue of section 6, 15 or 23 of this Act.
2
In the application of this Chapter to Scotland, “F1Part I order” also includes (except where the context otherwise requires) any order within section 1(3) of this Act which, on the assumptions mentioned in subsection (3) below—
a
would have been a F1Part I order for the purposes of this Part; and
b
would not have ceased to have effect by virtue of section 6 or 23 of this Act,
and which, but for the provisions of this Part, would be recognised in Scotland under any rule of law.
3
The said assumptions are—
a
that this Part had been in force at all material times; and
b
that any reference in section 1 of this Act to any enactment included a reference to any corresponding enactment previously in force.
Pt. I applied by S.I. 1991/1723, art. 3(2), Sch. 2 and art. 3(3), Sch. 3.