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.