OpenLegislation

Domestic Proceedings and Magistrates’ Courts Act 1978 in Scotland

1978 c. 22 · Enacted 30 June 1978 · Extends to United Kingdom

Not fully up to date. 8 changes made by later legislation have not yet been written into this text, which is revised to 22 April 2014.

See the changes not yet applied
ProvisionChangeMade by
s. 28(2) 63(3) Sch. 2 para. 38 53repealed (prosp.)Family Law Act 1996 s. 66(3) Sch. 10
s. 1(c)(d)repealed (prosp.)Family Law Act 1996 s. 18(1) 66(3) Sch. 10
s. 7(1)repealed in part (prosp.)Family Law Act 1996 s. 18(2) 66(3) Sch. 10
s. 16-18repealed (prosp.)Family Law Act 1996 s. 66(3) Sch. 10
s. 28(1)amended (prosp.)Family Law Act 1996 s. 66(1) Sch. 8 Pt. 1 para. 28
s. 5(2)(a)amended (temp.) (prosp.)Education Act 1996 s. 582(1)(4) Sch. 37 Pt. 2 para. 138 Sch. 40 para. 1
s. 88repealed in partAccess to Justice Act 1999 Sch. 15 Pt. 5(1)
s. 26(2)—Criminal Justice and Courts Services Act 2000 Sch. 7 para. 57(a)(b)

Contents

  1. Powers of court to make orders for financial provision for parties to a marriage and children of the family
  2. 3Matters to which court is to have regard in exercising its powers under s. 2.
  3. Powers of the court to make orders for the protection of a party to a marriage or a child of the family
  4. Interim orders
  5. Reconciliation
  6. Provisions relating to High Court and county court
  7. Provisions relating to procedure, jurisdiction and enforcement
  8. Amendment of provisions relating to the custody of minors
  9. Amendment of provisions relating to orders for maintenance
  10. General provisions
  11. Part III: Amendments of other Enactments relating to Domestic Proceedings
  12. Amendments of Maintenance Orders (Reciprocal Enforcement) Act 1972
  13. 54Date of operation of orders under Part I of Maintenance Orders (Reciprocal Enforcement) Act 1972.
  14. 55Interpretation of Part I of Maintenance Orders (Reciprocal Enforcement) Act 1972 as respects Scotland.
  15. 60Further amendments of Maintenance Orders Reciprocal Enforcement) Act 1972 as respects Scotland.
  16. 61Eligibility for Legal Aid in Scotland for proceedings under Maintenance Orders Reciprocal Enforcement) Act 1972.
  17. 62Amendment of s. 4 of Matrimonial Causes Act 1973.
  18. Amendments of enactments relating to adoption
  19. 74Provisions relating to Convention adoption orders.
  20. 75–83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  21. Part V: Supplementary Provisions
  22. 87Expenses.
  23. 88Interpretation.
  24. 89Transitional provisions, amendments, repeals and commencement.
  25. 90Short title and extent.
  26. 1Paragraph 1
  27. 2Paragraph 2
  28. 3Paragraph 3
  29. 3AParagraph 3A
  30. 4Paragraph 4
  31. 5Paragraph 5
  32. 6, 7Paragraph 6, 7 Repealed
  33. 8Paragraph 8
  34. Schedule 2: Minor and Consequential Amendments
  35. The Sheriff Courts (Scotland) Act 1907 (c. 51)
  36. 1Paragraph 1
  37. 3—5Paragraph 3—5 Repealed
  38. 7Paragraph 7
  39. 8Paragraph 8 Repealed
  40. 10Paragraph 10
  41. The Maintenance Orders Act 1950 (c. 37.)
  42. 12Paragraph 12
  43. 13Paragraph 13
  44. 14Paragraph 14
  45. 16Paragraph 16
  46. The Adoption Act 1958 (7 & 8 Eliz. 2 c. 5)
  47. 17Paragraph 17
  48. 18Paragraph 18
  49. 19Paragraph 19
  50. 20Paragraph 20 Repealed
  51. 21Paragraph 21 Repealed
  52. 24Paragraph 24 Repealed
  53. 25Paragraph 25 Repealed
  54. 26Paragraph 26
  55. 28Paragraph 28
  56. 30Paragraph 30 Repealed
  57. 32Paragraph 32
  58. 33Paragraph 33
  59. 39Paragraph 39
  60. 40Paragraph 40
  61. 44Paragraph 44 Repealed
  62. 45Paragraph 45 Repealed
  63. 51Paragraph 51
  64. 52Paragraph 52 Repealed
  65. 54Paragraph 54

3Matters to which court is to have regard in exercising its powers under s. 2.F1

(1)

Where an application is made for an order under section 2 of this Act, it shall be the duty of the court, in deciding whether to exercise its powers under that section and, if so, in what manner, to have regard to all the circumstances of the case, first consideration being given to the welfare while a minor of any child of the family who has not attained the age of eighteen.

(2)

As regards the exercise of its powers under subsection (1)(a) or (b) of section 2, the court shall in particular have regard to the following matters—

(a)

the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;

(b)

the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;

(c)

the standard of living enjoyed by the parties to the marriage before the occurrence of the conduct which is alleged as the ground of the application;

(d)

the age of each party to the marriage and the duration of the marriage;

(e)

any physical or mental disability of either of the parties to the marriage;

(f)

the contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;

(g)

the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it.

(3)

As regards the exercise of its powers under subsection (1)(c) or (d) of section 2, the court shall in particular have regard to the following matters—

(a)

the financial needs of the child;

(b)

the income, earning capacity (if any), property and other financial resources of the child;

(c)

any physical or mental disability of the child;

(d)

the standard of living enjoyed by the family before the occurrence of the conduct which is alleged as the ground of the application;

(e)

the manner in which the child was being and in which the parties to the marriage expected him to be educated or trained;

(f)

the matters mentioned in relation to the parties to the marriage in paragraphs (a) and (b) of subsection (2) above.

(4)

As regards the exercise of its powers under section 2 in favour of a child of the family who is not the child of the respondent, the court shall also have regard—

(a)

to whether the respondent has assumed any responsibility for the child’s maintenance and, if he did, to the extent to which, and the basis on which, he assumed that responsibility and to the length of time during which he discharged that responsibility;

(b)

to whether in assuming and discharging that responsibility the respondent did so knowing that the child was not his own child;

(c)

to the liability of any other person to maintain the child.

54Date of operation of orders under Part I of Maintenance Orders (Reciprocal Enforcement) Act 1972.X1

The provisions of Part I of the M1Maintenance Orders (Reciprocal Enforcement) Act 1972 relating to the date of operation of orders made in a reciprocating country and registered in the United Kingdom and of orders varying or revoking orders to which that Part relates shall have effect subject to the following amendments—

(a)

in section 5(7) of that Act for the words “the date on which the order was made ” there shall be substituted the words “the date on which under the provisions of the order the variation is to take effect ” ;

(b)

in section 5(8) of that Act for the words “the date on which the order was made ” there shall be substituted the words “the date on which under the provisions of the order the revocation is to take effect ” ;

(c)

in section 8(7) of that Act for the words “the date on which the order was made ” there shall be substituted the words “the date on which they are required to be paid under the provisions of the order ” ;

(d)

in section 8(8) of that Act for the words “such date being a date later than the date on which the order was made ” there shall be substituted the words “the date on which they are required to be paid under the provisions of the order or such later date ” ;

(e)

in section 9(8) of that Act for the words “the date on which the order was made ” there shall be substituted the words “the date on which under the provisions of the order the variation is to take effect ” ; and

(f)

in section 9(9) of that Act for the words “the date on which the order was made ” there shall be substituted the words “the date on which under the provisions of the order the revocation is to take effect ”.

55Interpretation of Part I of Maintenance Orders (Reciprocal Enforcement) Act 1972 as respects Scotland.X1 E+W+S

In section 21 of the M1Maintenance Orders (Reciprocal Enforcement) Act 1972 (which relates to the interpretation of Part I of that Act)—

(a)

in subsection (1)—

(i)

the definition of “maintenance ”shall cease to have effect ; and

(ii)

after the words “liable to maintain ” in paragraph (a) of the definition of “maintenance order ” there shall be inserted the following paragraph—

“(aa)

an order which has been made in Scotland, on or after the granting of a decree of divorce, for the payment of a periodical allowance by one party to the marriage to the other party ;” ; and

(b)

in subsection (2), after the words “subsection (1) above ” there shall be inserted the words “, to the payment of a periodical allowance as mentioned in paragraph (aa) of that definition, ”.

60Further amendments of Maintenance Orders Reciprocal Enforcement) Act 1972 as respects Scotland.X1 E+W+S

(1)

In section 31 of the M1Maintenance Orders (Reciprocal Enforcement) Act 1972 (which relates to applications for the recovery of maintenance in Scotland)—

F1(a)

after subsection (1) there shall be inserted the following subsection—

“(1A)

In any proceedings arising out of such an application as aforesaid the sheriff may subject to subsection (4) below make, with respect to an application under subsection (1) above, such order as he thinks fit having regard to the respective means of the applicant and the person from whom recovery of maintenance is sought and to all the circumstances of the case.” ;

(b)

in subsection (2)—

(i)

after the word “sheriff ” where it first occurs there shall be inserted the words “, or (on appeal or remit) the Court of Session, ” ; and

(ii)

for the words “the sheriff clerk or sheriff clerk depute shall register the order in the prescribed manner in the court ” there shall be substituted the words “the order shall be registered forthwith in the prescribed manner in the appropriate sheriff court by the sheriff clerk or sheriff clerk depute of that sheriff court ; and where an order of the Court of Session varies or revokes a registered order of the sheriff, the said sheriff clerk or sheriff clerk depute shall amend the register accordingly ” ;

(c)

after subsection (2) there shall be inserted the following subsection—

“(2A)

In subsection (2) above “the appropriate sheriff court ” means the sheriff court making the order or (where the order is an order of the Court of Session) from which the remit or appeal has come.” ; and

(d)

after subsection (3) there shall be inserted the following subsections—

“(4)

Where an application under subsection (1) above is for the recovery of maintenance from a person who is a former spouse of the applicant an order containing a provision requiring the payment of such maintenance for the benefit of the applicant shall not be made in respect of that application unless—

(i)

the marriage between the applicant and the said former spouse has been dissolved by a divorce which has been granted in a convention country and which is recognised as valid by the law of Scotland ;

(ii)

an order for the payment of maintenance for the benefit of the applicant has, in or by reason of the divorce proceedings in the convention country. been made by the court which granted the divorce or by any other court in that country ; and

(iii)

the court making the order under this section is satisfied that the former spouse of the applicant has failed to comply with the order mentioned in paragraph (ii) above.

(5)

Without prejudice to any existing power of variation or revocation but subject to section 34(1) of this Act, subsections (4) and (5) of section 5 of the Divorce (Scotland) Act 1976 shall, where an order with respect to an application under subsection (1) above requires the payment of maintenance by a person to a former spouse of that person, apply to that order as they apply to an order under section 5 of the said Act of 1976.

(6)

Section 8 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (which relates to the variation and recall by the sheriff of certain orders made by the Court of Session) shall not apply to an order of the Court of Session registered under subsection (2) above.”.

(2)

In section 34 of the said Act of 1972 (which provides for the variation and revocation of orders), in subsection (5) after the word “Scotland ” there shall be inserted the words—

“—

(a)

the words “and no court other than the registering court shall have power to vary or revoke a registered order ” in subsection (1) above are subject to any power of the Court of Session on appeal ; and”.

(b)
(3)

In section 36 of the said Act of 1972 (which provides for the admissibility of written evidence), in subsection (1) after the words “magistrates’ court or ” there shall be inserted the words “in, or remitted from, a ”.

(4)

In section 39 of the said Act of 1972 (which relates to the interpretation of Part II of that Act), in the definition of “maintenance ” for the words “means aliment ” there shall be substituted the words “includes aliment and any sums which are payable, following divorce, as a periodical allowance ”.

61Eligibility for Legal Aid in Scotland for proceedings under Maintenance Orders Reciprocal Enforcement) Act 1972.X1 E+W+S

After section 43 of the M1Maintenance Orders (Reciprocal Enforcement) Act 1972 there shall be inserted the following section—

“ Eligibility for Legal Aid in Scotland

43A
(1)

In connection with proceedings under Part I of this Act in relation to a maintenance order made by a court in a reciprocating country, where there is produced a certificate from the responsible authority in that country to the effect that the payee would, in that country, be financially eligible for complete or partial—

(i)

legal aid ; or

(ii)

exemption from costs or expenses,

in proceedings there in relation to that maintenance order, section 2(1) and (6)(c), 3 and 4 of the Legal Aid (Scotland) Act 1967 shall not apply in respect of the payee and, subject to the other provisions of that Act, legal aid shall under that Act be available to the payee without inquiry into the payee’s resources.

(2)

In connection with proceedings under Part II of this Act—

(a)

arising out of an application received from a convention country for the recovery of maintenance; or

(b)

relating to an order made in respect of such an application,

where there is produced a certificate from the appropriate authority in that county to the effect that the applicant would, in that country, be financially eligible for complete or partial—

(i)

legal aid; or

(ii)

exemption from costs or expenses,

in proceedings there for the recovery of maintenance, sections 2(1) and (6)(c), 3 and 4 of the said Act of 1967 shall not apply in respect of the applicant and, subject to the other provisions of that Act, legal aid shall under that Act be available to the applicant without inquiry into the applicant’s resources.

(3)

Where, in connection with proceedings under Part I or II of this Act, a person has received legal aid by virtue of subsection (1) or (2) above, legal advice and assistance under the Legal Advice and Assistance Act 1972 shall, notwithstanding—

(i)

any financial conditions imposed by, or by virtue of sections 1 and 4(2), (3) and (4) ; and

(ii)

in relation to the effect of subsections (1) to (4) and (7) of section 4 of the said Act of 1967, the provisions of section 6(1)(b),

of the said Act of 1972 (but subject otherwise to the provisions of the said Act of 1972), be available in Scotland for that person, without inquiry into his resources, in connection with any matter incidental to, or arising out of, those proceedings.

(4)

In subsection (1) above “maintenance order ”, “reciprocating country ”, “responsible authority ” and “payee ” have the same meanings respectively as in Part I of this Act ; and in subsection (2) above “convention country ” means a country or territory specified in an Order in Council under section 25(1) of this Act, “maintenance ” has the same meaning as in Part 11 of this Act, and “appropriate authority ” means the authority from which the Secretary of State received the application.”.

62Amendment of s. 4 of Matrimonial Causes Act 1973.X1

In section 4 of the M1Matrimonial Causes Act 1973 (which relates to petitions for divorce presented after the granting of a decree of judicial separation or an order in matrimonial proceedings in a magistrates’ court)—

(a)

in subsection (3) after the words “judicial separation or ” there shall be inserted the words “(subject to subsection (5) below) ” ;

(b)

at the end of the section there shall be added the following subsections—

“(4)

For the purposes of section 1(2)(c) above the court may treat as a period during which the respondent has deserted the petitioner any of the following periods, that is to say—

(a)

any period during which there is in force an injunction granted by the High Court or a county court which excludes the respondent from the matrimonial home ;

(b)

any period during which there is in force an order made by the High Court or a county court under—

(i)

section 1 of the Matrimonial Homes Act 1967, or

(ii)

section 4 of the Domestic Violence and Matrimonial Proceedings Act 1976.

which prohibits the exercise by the respondent of the right to occupy a dwelling-house In which the applicant and the respondent have or at any time have had a matrimonial home ;

(c)

any period during which there is in force an order made by a magistrates’ court under section 16(3) of the Domestic Proceedings and Magistrates’ Courts Act 1978 which requires the respondent to leave the matrimonial home or prohibits the respondent from entering the matrimonial home.

(5)

Where—

(a)

a petition for divorce is presented after the date on which Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978 comes into force, and

(b)

an order made under the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 containing a provision exempting the petititioner from the obligation to cohabit with the respondent is in force on that date,

then, for the purposes of section 1(2)(c) above, the court may treat a period during which such a provision was included in that order (whether before or after that date) as a period during which the respondent has deserted the petitioner.”.

74Provisions relating to Convention adoption orders.X1

F1(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

In section 6(1) of the M1Adoption (Hague Convention) Act (Northern Ireland) 1969 after the word “annul ” there shall be inserted the words “an adoption effected by a convention adoption order or ” ; and in section 7(2) of that Act the words “in respect of a foreign convention adoption ” shall be omitted.

75–83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

87Expenses. E+W+S

There shall be defrayed out of moneys provided by Parliament any increase attributable to this Act in the sums payable out of moneys so provided under any other enactment.

88Interpretation.

(1)

In this Act—

  • F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “child”, in relation to one or both of the parties to a marriage, includes F2a child whose father and mother were not married to each other at the time of his birth;

  • “child of the family”, in relation to the parties to a marriage, means—

    1. (a)

      a child of both of those parties; and

    2. (b)

      any other child, not being a child who is F3placed with those parties as foster parents by a local authority or voluntary organisation, who has been treated by both of those parties as a child of their family;

  • “commission area” has the same meaning as in F4the Justices of the Peace Act 1997;

  • F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “local authority” means the council of a county (other than a metropolitan county), of a metropolitan district or of a London borough, or the Common Council of the City of London;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F6“F7maintenance assessmentmaintenance calculation” has the same meaning as it has in the Child Support Act 1991 by virtue of section 54 of that Act as read with any regulations in force under that section.

  • F8“petty sessions area” has the same meaning as in the Justices of the Peace Act 1997;

  • F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

References in this Act to the parties to a marriage living with each other shall be construed as references to their living with each other in the same household.

(3)

For the avoidance of doubt it is hereby declared that references in this Act to remarriage include references to a marriage which is by law void or voidable.

F10(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

Any reference in this Act to an enactment shall be construed as a reference to that enactment as amended or extended by or under any subsequent enactment, including this Act.

89Transitional provisions, amendments, repeals and commencement.

(1)

The transitional provisions contained in Schedule 1 to this Act shall have effect.

X1(2)

Subject to the transistional provisions contained in Schedule 1 to this Act—

(a)

the enactments specified in schedule 2 to this act shall have effect subject to the amendments specified in that Schedule (being minor amendments and amendments consequential on the preceding provisions of this act), and

(b)

the enactments specified in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

P1(3)

This Act shall come into force on such date as the Secretary of State may by order made by statutory instrument appoint and different dates may be appointed for, or for different purposes of, different provisions.

(4)

Without prejudice to the transitional provisions contained in Schedule 1 to this Act, an order under subsection (3) above may make such further transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of the provisions thereby brought into force or any provision of this Act then in force as appear to him to be necessary or expedient in consequence of the partial operation of this Act or the M1Children Act 1975.

(5)

An order under subsection (3) above may repeal any provision of this Act which has ceased to have effect by reason of the coming into force of the M2Adoption Act 1976.

(6)

The inclusion in this Act of any express transitional provision or amendment shall not be taken as prejudicing the general application of section 38 of the M3Interpretation Act 1889 with regard to the effect of repeals.

90Short title and extent.

(1)

This Act may be cited as the Domestic Proceedings, and Magistrates’ Courts Act 1978.

(2)

Except for the following provisions, that is to say—

(a)

sections 54, 55, 60, 61, 74(1) and (3), 87, 88(5), 89(2) (a), (3) and (4) and this section, and

(b)

paragraphs 1, 12, 13, 14, 17 and 18 of Schedule 2

this Act does not extend to Scotland.

(3)

Except for the following provisions, that is to say—

(a)

sections 54, 59, 74(5), 88(5), 89(2), (3) and (4) and this section, and

(b)

F1paragraphs 12, 13, 14 and 33 of Schedule 2 and Schedule 3,

this Act does not extend to Northern Ireland, and in section 88(5) of this Act any reference to an enactment includes a reference to an enactment contained in an Act of the Parliament of Northern Ireland or a Measure of the Northern Ireland Assembly.

1

This Act (including the repeals and amendments made by it) shall not have effect in relation to any application made under any enactment repealed or amended by this Act if that application is pending at the time when the provision of this Act which repeals or amends that enactment comes into force.

2

Any order made or other thing done under the M1Matrimonial Proceedings (Magistrates’ Courts) Act 1960 which is in force immediately before the coming into force of Part I of this Act shall not be affected by the repeal by this Act of that Act, and the provisions of that Act shall after the coming into force of the said Part I apply in relation to such an order, and to an order made under that Act by virtue of paragraph 1 above, subject to the following modifications—

(a)

on a complaint for the revocation of the order the court shall not be bound under section 8 of that Act to revoke the order by reason of an act of adultery committed by the person on whose complaint the order was made;

(b)

on a complaint for the variation, revival or revocation of the order, the court, in exercising its powers under the said section 8 in relation to a provision of the order requiring the payment of money, shall have regard to any change in any of the matters to which the court would have been required to have regard when making that order if the order had been made on an application under section 2 of this Act;

F1(bb)

on a complaint after the coming into force of paragraph 27 of Schedule 1 to the Matrimonial and Family Proceedings Act 1984 for the variation, revival or revocation of the order, the court, in exercising its powers under the said section 8 in relation to any provision of the order requiring the payment of money, shall have power to order that payments required to be made for the maintenance of a child of the family shall be made to the child himself.

(c)

where the order contains a provision for the legal custody of a child, the court shall have power, on a complaint made by a grandparent of the child, to vary that order under the said section 8 by the addition to the order of a provision requiring access to the child to be given to that grandparent;

(d)

where the court, by virtue of paragraph (c) above, varies the order by the addition of a provision requiring access to a child to be given to a grandparent, the court shall have power to vary or revoke that provision on a complaint made—

(i)

by that grandparent, or

(ii)

by either party to the marriage in question, or

(iii)

where the child is not a child of both the parties to the marriage, by any person who though not a party to the marriage is a parent of the child, or

(iv)

where under the order a child is for the time being committed to the legal custody of some person other than one of the parents or a party to the marriage, by the person to whose legal custody the child is committed by the order.

3

The amendment by this Act of any enactment shall not affect the operation of that enactment in relation to any order made or having effect as if made under the M1Matrimonial Proceedings (Magistrates’ Courts) Act 1960 (including an order made under that Act by virtue of paragraph 1 above) or in relation to any decision of a magistrates’ court made on an application for such an order or for the variation, revival or revocation of such an order F1but as respects enactments amended by this Act in their application in relation to orders made or decisions on applications for orders or for the variation, revival or revocation of orders made or having effect as if made under other Acts those enactments shall apply as amended by this Act.

3AF1

Any order for the payment of money in force under the M1Matrimonial Proceedings (Magistrates’ Courts) Act 1960 (including any such order made under that Act by virtue of paragraph 1 above) shall be enforceable as a magistrates’ court maintenance order.

4

Any reference in paragraph 1 above to an application made under an enactment repealed by this Act shall be construed as including a reference to an application which is treated as a complaint under section 1 of the M1Matrimonial Proceedings (Magistrates’ Courts) Act 1960 by virtue of section 27 of the M2Maintenance Orders (Reciprocal Enforcement) Act 1972 and any reference in F1paragraph 2, 3 or 3A above to an order made under the M3Matrimonial Proceedings (Magistrates’ Courts) Act 1960 shall be construed as including a reference to an order which is made under that Act by virtue of section 28 of the M4Maintenance Orders (Reciprocal Enforcement) Act 1972

5

A provision contained in section 72 . . . F1 of this Act shall not apply in relation to proceedings commenced before the coming into force of that provision.

6, 7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

8

A provision of Schedule 2 to this Act which relates to the punishment by way of fine which may be imposed for any offence shall not affect the punishment which may be imposed for an offence which is committed before the date on which that provision comes into force.

1

In section 5 of the Sheriff Courts (Scotland) Act 1907—

F1(a)

in subsection (2), after the words “Actions of aliment ”, there shall be inserted the words “(other than any action mentioned in sub-section (2A) below) ” ;

(b)

the following subsection shall be inserted after subsection (2)—

“(2A)

Actions, arising out of an application under section 31(1) of the Maintenance Orders (Reciprocal Enforcement) Act 1972, for the recovery of maintenance:” ; and

(c)

in the final proviso, for the words “the second sub-section ” there shall be substituted the words “sub-section (2) or (2A) ”.

3—5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

7

In section 44(2) of that Act for the words “having jurisdiction in the place ” there shall be substituted the words “appointed for the commission area (within the meaning of section 1 of the Administration of Justice Act 1973). ”

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

10

In section 13(4) of the Justices of the Peace Act 1949 after the words “juvenile ” there shall be inserted the words “or domestic ”.

12

In section 15(1)(a) of that Act for sub-paragraph (ii) there shall be substituted the following sub-paragraph—

“(ii)

section 24(1) and 30(3) of the Domestic Proceedings and Magistrates’ Courts Act 1978”.

13

In section 16(2)(a) of that Act, for sub-paragraph (ii) there shall be substituted the following sub-paragraph—

“(ii)

Part 1 of the Domestic Proceedings and Magistrates’ Courts Act 1978.”

14

In section 22(1) of that Act after the words “person liable to make ”, in the first place where they occur, there shall be inserted the word “periodical ”.

16

In section 9(2) of the Affiliation Proceedings Act 1957 for the words “£10 ” there shall be substituted the words “£50 ”.

17F1

In section 32(2) of the Adoption Act 1958 for the words “subsection (2) ” there shall be substituted the words “subsection (1A) ”.

18F1

In section 34A(3) of that Act—

(a)

for the words “the authority ”, in the first place where those words occur, there shall be substituted the words “a local authority ” ;

(b)

after the words “the authority ”, in the second place where those words occur, there shall be inserted the words “in whose care the child is ” ;

(c)

for the words “the court ” there shall be substituted the words “a court ”.

19

In section 109(2) of the County Courts Act 1959—

(a)

in paragraph (g) for the words “section 13A of the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 ” there shall be substituted the words “section 35 of the Domestic Proceedings and Magistrates’ Courts Act 1978 ” ;

(b)

in paragraph (h) after the words “proceedings under ” there shall be inserted the words “section 34 or 34A of the Adoption Act 1958 ; ”

(c)

in paragraph (i) for the words “section 29 ” there shall be substituted the words “section 27, 28, 29 ”.

20

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21

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24

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25

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26

In Schedule 8 of that Act in paragraph 3 for the words “or having effect as if made under the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 ” there shall be substituted the words “under Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978 ”.

28

In section 30(2) of the Matrimonial Proceedings and Property Act 1970 for the words “Subsections (4), (5) and (6) of section 7 of the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 ” there shall be substituted the words “Section 4(2) of the Domestic Proceedings and Magistrates’ Courts Act 1978 ”, for the words “section 2(1)(b) or (c) ” there shall be substituted the words “section 2(1)(a) ” and for the words “as they apply in relation to such an order as is referred to in the said subsection (4) ” there shall be substituted the words “as it applies in relation to an order made under section 2(1)(a) of the Domestic Proceedings and Magistrates’ Courts Act 1978 ”.

30

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32

In Schedule 1 to the Attachment of Earnings Act 1971 in paragraph 4 for the words “or having effect as if made under the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 ” there shall be substituted the words “under Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978 ”.

33

In section 8(3) of the Maintenance Orders (Reciprocal Enforcement) Act 1972 for the words “£10 ” there shall be substituted the words “£50 ”.

39

In section 47(2)(e) of that Act for the words “the Matrimonial Proceedngs (Magistrates’ Courts) Act 1960 ” there shall be substituted the words “Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978 ”.

40

In section 50(2)(b) of that Act for the words “the Matrimonial Proceedings (Magistrates’ Courts) Act 1960 ” there shall be substituted the words “Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978 ”.

44

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45

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51

In section 63(4) of that Act the words “to remove a child from a person’s custody under section 27 or 28 or ” shall be omitted.

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

54

In section 19(2) of the Supplementary Benefits Act 1976 for the words “acting for the petty sessions area ” there shall be substituted the words “appointed for the commission area (within the meaning of section 1 of the Administration of Justice Act 1973) ”