SCHEDULES
SCHEDULE 13 Consequential Amendments
The Family Law Act 1986 (c. 55)
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1
In section 1 (orders to which Part I of the Act of 1986 applies), in subsection (1)—
a
for paragraph (a) there shall be substituted—
a
a section 8 order made by a court in England and Wales under the Children Act 1989, other than an order varying or discharging such an order
b
for paragraph (d) there shall be substituted the following paragraphs—
d
an order made by a court in England and Wales in the exercise of the inherent jurisdiction of the High Court with respect to children—
i
so far as it gives care of a child to any person or provides for contact with, or the education of, a child; but
ii
excluding an order varying or revoking such an order;
e
an order made by the High Court in Northern Ireland in the exercise of its jurisdiction relating to wardship—
i
so far as it gives care and control of a child to any person or provides for the education of or access to a child; but
ii
excluding an order relating to a child of whom care or care and control is (immediately after the making of the order) vested in the Department of Health and Social Services or a Health and Social Services Board.
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3
For subsections (3) to (5) of that section there shall be substituted—
3
In this Part, “Part I order”—
a
includes any order which would have been a custody order by virtue of this section in any form in which it was in force at any time before its amendment by the Children Act 1989; and
b
(subject to sections 32 and 40 of this Act) excludes any order which would have been excluded from being a custody order by virtue of this section in any such form.