Paragraph 34

England and Wales

In section 43 of the Martimonial Causes Act 1973—

(a)

in subsection (1) for the words “Part II of the Children Act 1948” there shall be substituted the words “ Part III of the Child Care Act 1980 ” and for the words “section 1 of that Act” there shall be substituted the words “ section 2 of that Act ” ; and

(b)

for subsection (5) there shall be substituted the following subsection—

“(5)
In the application of Part III of the Child Care Act 1980 by virtue of this section—
(a)
the exercise by the local authority of their powers under sections 18, 21 and 22 of that Act (which among other things relate to the accommodation and welfare of a child in the care of a local authority) shall be subject to any direction given by the court ; and
(b)
section 24 of that Act (which relates to arrangements for the emigration of such a child) and section 28 of that Act (which relates to the aftercare of a child in the care of a local authority under section 2 of that Act) shall not apply.”.

Notes on the whole Act

Textual amendments

F1: Act repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with Sch. 14 paras. 1(1), 21(1), 27(4) 31, 36(3)(b) with saving for ss. 16(1) and 24 in Sch. 14 paras. 23 and 28); S.I. 1991/828, art. 3(2). (Certain provisions of this Act are expressed to be amended (1.10.1992) by Criminal Justice Act 1991 (c. 53), s. 100, Sch. 11 para. 40(2); S.I. 1992/333, art. 2(2), Sch. 2.

Notes on Schedule 5

Modifications

C1: The text of s. 89(2)(3), Schs. 5 and 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991