SCHEDULE 14 Transitionals and Savings
Enforcement of certain existing orders
10
(1)
Sub-paragraph (2) applies in relation to any existing order which, but for the repeal by this Act of—
(a)
section 13(1) of the Guardianship M1of Minors Act 1971;
(b)
section 43(1) of the M2Children Act 1975; or
(c)
section 33 of the M3Domestic Proceedings and Magistrates’ Courts Act 1978,
(provisions concerning the enforcement of custody orders) might have been enforced as if it were an order requiring a person to give up a child to another person.
(2)
Where this sub-paragraph applies, the existing order may, after the repeal of the enactments mentioned in sub-paragraph (1)(a) to (c), be enforced under section 14 as if—
(a)
any reference to a residence order were a reference to the existing order; and
(b)
any reference to a person in whose favour the residence order is in force were a reference to a person to whom actual custody of the child is given by an existing order which is in force.
(3)
In sub-paragraph (2) “actual custody”, in relation to a child, means the actual possession of his person.