Statutory Instruments
FAMILY LAW
Made
19th October 1998
The Lord Chancellor, in exercise of the powers conferred on him by sections 65 and 67 of the Family Law Act 1996(1), makes the following Order:
1. This Order may be cited as the Family Law Act 1996 (Commencement) (No. 3) Order 1998.
2. In this Order:
“the Act” means the Family Law Act 1996;
“the 1973 Act” means the Matrimonial Causes Act 1973(2);
3. Paragraph 16(5)(a), (6)(b) and (7)(3) of Schedule 8 to the Act shall come into force on 1st November 1998.
4. Until such time as Schedule 2 to the Act comes into force(4), section 31(7A) to (7F) of the 1973 Act shall be modified as follows:
(a)in section 31(7D), for “Subsections (7) and (8) of section 22A” there shall be substituted “Section 23(6)”, and for “section 22A” there shall be substituted “section 23”;
(b)in section 31(7F), for “section 23A” there shall be substituted “section 24”.
Irvine of Lairg, C.
Dated 19th October 1998
(This note is not part of the Order)
This Order brings paragraph 16(5)(a), (6)(b) and (7) of Schedule 8 to the Family Law Act 1996 into force on 1st November 1998, subject to transitional provisions.
The provisions being brought into force insert section 31(7A) to (7F) into the Matrimonial Causes Act 1973, extending the range of ancillary orders available to the court, including the power to make a lump sum order or a property adjustment order on the discharge of a periodical payments order or secured periodical payments order.
(This note is not part of the Order)
| Provision | Date of commencement | S.I. No. |
|---|---|---|
| Part I (section 1) | 21.3.97 | 1997/1077 |
| Section 22 | ||
| Part III (sections 26–29) | ||
| Section 66(1) and Schedule 8 (partially) | ||
| Section 66(3) and Schedule 10 (partially) | ||
| Section 57 | 28.7.97 | 1997/1892 |
| Section 66(2) and Schedule 9 (partially) | ||
| Part IV (sections 30–63) (except sections 57 and 60) | 1.10.97 | 1997/1892 |
| Section 66(1) and Schedule 8 (partially) | ||
| Section 66(2) and Schedule 9 (partially) | ||
| Section 66(3) and Schedule 10 (partially). |
Paragraph 16(5)(a) and (6)(b) amend, respectively, section 31(5) and (7)(a) of the Matrimonial Causes Act 1973, and paragraph 16(7) inserts section 31(7A) to (7F).
Schedule 2 to the Family Law Act 1996, which has yet to come into force, makes substantial amendments to Part II of the Matrimonial Causes Act 1973.