SCHEDULE 13Consequential Amendments
The Family Law Act 1986 (c. 55)
63
(1)
In section 1 (orders to which Part I of the Act of 1986 applies), in subsection (1)—
(a)
“(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”; and
(b)
“(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.”
(2)
In subsection (2) of that section, in paragraph (c) for “(d)” there shall be substituted “(e)”.
(3)
“(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.”