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'is interrupted under section 7(8) of the 1996 Act.'.

No. 66, in page 46, line 34, at end insert--


'(5) In this section, "period for reflection and consideration" means the period fixed by section 7 of the 1996 Act." '.

No. 67, in page 48, line 48, leave out from 'consideration' to end of line 49 and insert


'is interrupted under section 7(8) of the 1996 Act.'.

No. 68, in page 49, line 10, leave out '22A' and insert '23A'.

No. 69, in page 49, line 15, at end insert--

17 Jun 1996 : Column 651


'(5) In this section, "period for reflection and consideration" means the period fixed by section 7 of the 1996 Act." '.

No. 70, in page 49, line 43, after '(b)' insert


'above, unless sub-paragraph (ia) below applies,'.

No. 71, in page 49, line 44, at end insert--


'(ia) where the order is made by virtue of section 22A(2)(b) above and the application for the divorce order was made following cancellation of an order preventing divorce under section 10 of the 1996 Act, than the date of the making of that application;'.

No. 72, in page 49, line 45, leave out 'or (d)' and insert 'above'.

No. 73, in page 50, line 16, after 'above' insert


', except where paragraph (aa) below applies,'.

No. 74, in page 50, line 17, at end insert--


'(aa) in the case of an order made by virtue of section 22A(2)(b) above where the application for the divorce order was made following cancellation of an order preventing divorce under section 10 of the 1996 Act, the date of the making of that application;'.

No. 75, in page 50, line 18, leave out 'such'.

No. 76, in page 50, line 18, leave out 'or (d)'.--[Mr. Streeter.]

Schedule 3

Stay of Proceedings

Amendments made: No. 77, in page 51, line 43, after 'means' insert


'--
(a)'.

No. 78, in page 51, line 44, at end insert 'or


(b) if the proceedings are for the conversion of a separation order into a divorce order under section 4 of the Family Law Act 1996, the statement of marital breakdown by reference to which the separation order was made.'.--[Mr. Streeter.]

Schedule 8

Minor and Consequential Amendments

Amendments made: No. 79, in page 66, line 37, leave out from 'In' to 'section'.

No. 80, in page 66, line 38, after 'applies)' insert


'--
(a) in subsection (2)(a)(i),'.

No. 81, in page 66, line 39, leave out 'and'.

No. 82, in page 66, line 39, at end insert '; and


(b) in subsection (2)(c)(v), after "Matrimonial Causes Act 1973" insert "(as that Act had effect immediately before the passing of the Family Law Act 1996)".'.

No. 83, in page 67, leave out lines 4 to 13.

No. 84, in page 67, line 46, at end insert--


'Proceedings after decree nisi: general powers of court
15B.--(1) Where a decree of nullity of marriage has been granted under this Act but not made absolute, then, without prejudice to section 15A above, any person (excluding a party to the proceedings other than the Queen's Proctor) may show cause why the decree should not be made absolute by reason of material facts not having been brought before the court; and in such a case the court may--

17 Jun 1996 : Column 652

(a) notwithstanding anything in section 15 above (but subject to section 41 below) make the decree absolute; or
(b) rescind the decree; or
(c) require further inquiry; or
(d) otherwise deal with the case as it thinks fit.
(2) Where a decree of nullity of marriage has been granted under this Act and no application for it to be made absolute has been made by the party to whom it was granted, then, at any time after the expiration of three months from the earliest date on which that party could have made such an application, the party against whom it was granted may make an application to the court, and on that application the court may exercise any of the powers mentioned in paragraphs (a) to (d) of subsection (1) above.'.

No. 85, in page 67, line 47, after 'divorce' insert 'to'.

No. 86, in page 67, line 48, leave out from '19)' to end of line 6 on page 68 and insert


'--
(a) for "1(5), 8 and 9" substitute "15, 15A and 15B"; and
(b) for "divorce" in both places substitute "nullity of marriage".'.

No. 87, in page 69, line 10, at end insert


'and, if the first party has already applied to the court for the making of such an order, it may dismiss the application.'.

No. 88, in page 69, line 25, leave out from beginning to 'substitute' in line 26 and insert--


'--(1) Section 27 (financial provision orders etc. in case of failure to provide proper maintenance) is amended as follows.
(2) In subsection (5)--
(a) after "an order requiring the respondent" insert "--
(a)"; and
(b) at the end insert ", or
(b) to pay to the applicant such lump sum or sums as the court thinks reasonable."
(3) For subsection (6)'.

No. 89, in page 69, line 31, at end insert--


'(4) In subsection (7), for "(6)(c) or (f)" substitute "(6)".'.

No. 90, in page 72, line 9, at end insert


', so far as it requires the making of periodical payments." '.--[Mr. Streeter.]

Amendment made: No. 16, in page 72, leave out lines 27 to 46.--[Mr. Llwyd.]

Amendments made: No. 91, in page 73, line 22, after '22A' insert 'or 23'.

No. 92, in page 75, line 35, leave out from 'etc.)' to end of line 45 and insert


'--
(a) after paragraph (b), insert--
"(bb) is executed in pursuance of an order of a court which is made at any time under section 22A, 23A or 24A of the Matrimonial Causes Act 1973, or"; and
(b) in paragraph (c), for "or their judicial separation" substitute ", their judicial separation or the making of a separation order in respect of them".'.--[Mr. Streeter.]

Schedule 9

Modifications, Saving and Transitional

Amendment made: No. 107, in page 83, line 15, at end insert--

17 Jun 1996 : Column 653

'Transitional arrangements for those who have been living apart

.--(1) The Lord Chancellor may by order provide for the application of Part II to marital proceedings which--
(a) are begun during the transitional period, and
(b) relate to parties to a marriage who immediately before the beginning of that period were living apart,
subject to such modifications (which may include omissions) as may be prescribed.
(2) An order made under this paragraph may, in particular, make provision as to the evidence which a party who claims to have been living apart from the other party immediately before the beginning of the transitional period must produce to the court.
(3) In this paragraph--
"marital proceedings" has the same meaning as in section 21;
"prescribed" means prescribed by the order; and
"transitional period" means the period of two years beginning with the day on which section 3 is brought into force.'.--[Mr. Nicholas Brown.]

Amendments made: No. 93, in page 84, line 13, leave out from 'affects' to end of line 14 and insert


'--
( ) any decree granted before the coming into force of the provision;
( ) any proceedings begun, by petition or otherwise, before that time; or
( ) any decree granted in any such proceedings;'.

No. 94, in page 84, line 19, after first 'proceedings' insert 'or decree'.

No. 95, in page 84, line 20, leave out from 'any' to third 'or' and insert 'such proceedings or decree;'.--[Mr. Streeter.]

Schedule 10

Repeals

Amendment made: No. 96, in page 86, column 3, leave out line 18 and insert--


'Sections 9 and 10'.
--[Mr. Streeter.]

Amendment made: No. 17, in page 86, column 3, leave out lines 43 and 44 and insert--


'In section 41, in subsection (1) the words "divorce or" and "or a decree of judicial separation" and in subsection (2) the words "divorce or" and "or that the decree of judicial separation is not to be granted.".'.--[Mr. Llwyd.]

Order for Third Reading read.

Motion made, and Question put, That the Bill be now read the Third time.--[Mr. Streeter.]

The House divided: Ayes 427, Noes 9.


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