Family Law Act 1996

Matrimonial home rights E+W

11 (1) Any reference (however expressed) in any enactment, instrument or document (whether passed or made before or after the passing of this Act) to rights of occupation under, or within the meaning of, the 1983 Act shall be construed, so far as is required for continuing the effect of the instrument or document, as being or as the case requires including a reference to matrimonial home rights under, or within the meaning of, Part IV. E+W

(2) Any reference (however expressed) in this Act or in any other enactment, instrument or document (including any enactment amended by Schedule 8) to matrimonial home rights under, or within the meaning of, Part IV shall be construed as including, in relation to times, circumstances and purposes before the commencement of sections 30 to 32, a reference to rights of occupation under, or within the meaning of, the 1983 Act.

12 (1) Any reference (however expressed) in any enactment, instrument or document (whether passed or made before or after the passing of this Act) to registration under section 2(8) of the 1983 Act shall, in relation to any time after the commencement of sections 30 to 32, be construed as being or as the case requires including a reference to registration under section 31(10). E+W

(2) Any reference (however expressed) in this Act or in any other enactment, instrument or document (including any enactment amended by Schedule 8) to registration under section 31(10) shall be construed as including a reference to—

(a) registration under section 2(7) of the M1 Matrimonial Homes Act 1967 or section 2(8) of the 1983 Act, and

(b) registration by caution duly lodged under section 2(7) of the Matrimonial Homes Act 1967 before 14th February 1983 (the date of the commencement of section 4(2) of the M2 Matrimonial Homes and Property Act 1981).

Marginal Citations

M1 1967 c. 75.

M2 1981 c. 24.

13 E+W In sections 30 and 31 and Schedule 4—

(a) any reference to an order made under section 33 shall be construed as including a reference to an order made under section 1 of the 1983 Act, and

(b) any reference to an order made under section 33(5) shall be construed as including a reference to an order made under section 1 of the 1983 Act by virtue of section 2(4) of that Act.

14 E+W Neither section 31(11) nor the repeal by the Matrimonial Homes and Property Act 1981 of the words “or caution” in section 2(7) of the Matrimonial Homes Act 1967, affects any caution duly lodged as respects any estate or interest before 14th February 1983.

15 E+W Nothing in this Schedule is to be taken to prejudice the operation of sections 16 and 17 of the M3 Interpretation Act 1978 (which relate to the effect of repeals).

Marginal Citations

M3 1978 c. 30.