Family Law Act 1996 (Commencement No. 2) Order 1997

JurisdictionUK Non-devolved
CitationSI 1997/1892
Year1997

1997No. 1892 (C.76)

FAMILY LAW

The Family Law Act 1996 (Commencement No. 2)

Order 1997

28thJuly1997

The Lord Chancellor, in exercise of the powers conferred on him by sections 65 and 67 of the Family Law Act 1996( a), hereby makes the following Order:

1. This Order may be cited as the Family Law Act 1996 (Commencement No. 2) Order 1997.

2. Section 57 (jurisdiction of courts) of, and paragraphs 3 and 4 of Schedule 9 (modifications of enactments) to, the Family Law Act 1996 shall come into force forthwith.

3.-(1) The following provisions of the Family Law Act 1996 shall come into force on 1st October 1997:

(a) Part IV (Family Homes and Domestic Violence) except section 60,(b) section 66(1) (minor and consequential amendments), so far as it relates to Part III of Schedule 8,(c) section 66(2) (transitional provisions), so far as it relates to paragraphs 7 to 15 of Schedule 9, and(d) section 66(3) (repeals), so far as it relates to the entries in Schedule 10 in respect of-(i) the Domestic Violence and Matrimonial Proceedings Act 1976 ( b),(ii) sections 16 to 18 and 28(2) of, and paragraph 53 of Schedule 2 to, the Domestic Proceedings and Magistrates' Courts Act 1978( c),(iii) the Matrimonial Homes Act 1983( d),(iv) section 34(2) of, and paragraph 37 of Schedule 2 to, the Administration of Justice Act 1985( e),(v) paragraph 56 of Schedule 2 to the Housing (Consequential Provisions) Act 1985( f),(vi) paragraphs 33 and 34 of Schedule 17 to the Housing Act 1988 ( g),(vii) section 8(4) of the Children Act 1989( h),

(a) 1996 c. 27.

(b) 1976 c. 50.

(c) 1978 c. 22.

(d) 1983 c. 19.

(e) 1985 c. 61.

(f) 1985 c. 71.

(g) 1988 c. 50.

(h) 1989 c. 41.

(viii) section 58(10) of, and paragraph 21 of Schedule 18 to, the Courts and Legal Services Act 1990( a), and(ix) paragraph 3 of the Schedule to the Private International Law (Miscellaneous Provisions) Act 1995( b).

(2) Until such time as Part II of the Family Law Act 1996 is brought into force, section 22(2) of the Matrimonial and Family Proceedings Act 1984( c)(as substituted by paragraph 52 of Schedule 8 to the 1996 Act) shall be modified by substituting for the words from "if -(a) a divorce order" to "made or granted", the words "if a decree of divorce, a decree of nullity of marriage or a decree of judicial separation has been granted".

4. Until such time as Part II of the Family Law Act 1996 is brought into force, paragraphs 2(2), 7(3), (4) and (6), 12 and 13(1) of Schedule 7 to that...

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