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Minor and consequential amendments |
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Domicile and Matrimonial Proceedings Act 1973 (c. 45) |
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1 (1) | In Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 (c. 45) |
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(staying of matrimonial proceedings: England and Wales), paragraph 11 |
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(effect of staying matrimonial proceedings on court’s power to make certain |
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orders) is amended as follows. |
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(2) | After sub-paragraph (4) insert— |
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“(4A) | Sub-paragraph (4B) applies where— |
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(a) | proceedings are stayed as described in sub-paragraph (1) |
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(b) | at the time when the stay is imposed, a contact order |
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(within the meaning of the Children Act 1989) made in |
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connection with the stayed proceedings is in force. |
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(4B) | While the stay applies to the proceedings, the court may not— |
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(a) | make an enforcement order (within the meaning of the |
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Children Act 1989) in relation to the contact order, or |
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(b) | as regards an enforcement order already made in relation |
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to the contact order, exercise its powers under paragraph |
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9(2) of Schedule A1 to the Children Act 1989 in relation to |
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(3) | In sub-paragraph (5) (certain powers of court not affected) at the beginning |
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insert “Except as provided in sub-paragraph (4B),”. |
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Family Law Act 1986 (c. 55) |
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2 | The Family Law Act 1986 (c. 55) is amended as follows. |
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3 (1) | Section 5 (power of court to refuse application or stay proceedings) is |
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(2) | After subsection (2) (stay where more appropriate for matters to be |
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determined in proceedings outside England and Wales) insert— |
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“(2A) | If the proceedings on the application are proceedings in which a |
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contact activity direction has been made under section 11A of the |
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Children Act 1989 (or an enforcement order has been made under |
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section 11J of that Act), the court may when granting a stay under or |
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by virtue of subsection (2) also suspend the contact activity direction |
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(or the enforcement order).” |
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(3) | After subsection (3A) (removal of stay granted under Article 15) insert— |
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“(3B) | If the stay removed under subsection (3) or (3A) is a stay in relation |
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to which the court suspended a contact activity direction made |
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under section 11A of the Children Act 1989 (or an enforcement order |
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made under section 11J of that Act), the court may when removing |
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the stay under subsection (3) or (3A) also bring the suspension to an |
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4 | In section 29 (enforcement), in subsection (1) after “enforcing the order” |
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insert “(including, where an order with respect to contact is registered in |
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England and Wales, the powers under section 11O of the Children Act |
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5 | In section 30 (staying or sisting of enforcement proceedings), after |
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“(1A) | No application may be made under subsection (1) for proceedings to |
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be stayed or sisted if the proceedings are proceedings on an |
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application for an order under section 11O(2) of the Children Act |
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6 | In section 31 (dismissal of enforcement proceedings), after subsection (1) |
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“(1A) | No application may be made under subsection (1) for proceedings to |
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be dismissed if the proceedings are proceedings on an application for |
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an order under section 11O(2) of the Children Act 1989.” |
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Children Act 1989 (c. 41) |
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7 | The Children Act 1989 (c. 41) is amended as follows. |
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8 | In section 14B (making of special guardianship orders), in subsection (1)— |
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(a) | omit the “and” at the end of paragraph (a), and |
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(b) | after paragraph (b) insert— |
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“(c) | where a contact order made with respect to the child |
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is not discharged, any enforcement order relating to |
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that contact order should be revoked, and |
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(d) | where a contact activity direction has been made as |
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regards contact with a child and is in force, that |
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contact activity direction should be discharged.” |
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9 | In section 91 (effect and duration of orders etc) after subsection (2) insert— |
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“(2A) | Where a contact activity direction has been made as regards contact |
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with a child, the making of a care order with respect to the child |
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discharges the direction.” |
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10 | In section 104 (regulations and orders)— |
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(a) | in subsection (1) for “or the Secretary of State” substitute “, the |
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Secretary of State or the National Assembly for Wales”; |
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(b) | after subsection (2) insert— |
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“(2A) | Subsection (2) does not apply to a statutory instrument made |
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solely by the National Assembly for Wales.”. |
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11 | In section 105 (interpretation), in subsection (1) at the appropriate place |
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““contact activity condition” has the meaning given by section |
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““contact activity direction” has the meaning given by section |
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““enforcement order” has the meaning given by section 11J;”. |
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Family Law Act 1996 (c. 27) |
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12 (1) | Schedule 3 to the Family Law Act 1996 (c. 27) (stay of proceedings: |
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amendments of Schedule 1 to the Domicile and Matrimonial Proceedings |
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Act 1973 (c. 45)) is amended as follows. |
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(2) | In paragraph 9 (amendments of paragraph 11 of Schedule 1) after sub- |
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“(6A) | In sub-paragraph (4A)(a) for “sub-paragraph (1) or (4)” substitute |
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Adoption and Children Act 2002 (c. 38) |
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13 | The Adoption and Children Act 2002 (c. 38) is amended as follows. |
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14 (1) | Section 26 (effect on contact of placing a child for adoption) is amended as |
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(2) | In subsection (1), after “have effect” insert “and any contact activity direction |
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relating to contact with the child is discharged”. |
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(3) | In subsection (6), after “In this section,” insert ““contact activity direction” |
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has the meaning given by section 11A of the 1989 Act and”. |
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| | | | | | Children Act 1989 (c. 41) |
| In section 14B(1), the word “and” at the end of |
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