OpenLegislation

Section 28 Powers of High Court and family court in relation to certain orders under Part I.F7C1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where after the F1making by the family court of an order under this Part of this Act proceedings between, and relating to the marriage of, the parties to the proceedings in which that order was made have been commenced in the High Court or F2the family court, then, except in the case of an order for the payment of a lump sum, the court in which the proceedings or any application made therein are or is pending may, if it thinks fit, direct that the order F3under this Part shall cease to have effect on such date as may be specified in the direction.

F4(2)

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

(3)

Nothing in this section shall be taken as prejudicing the effect of any order made by the High Court or F5the family court so far as it implicitly supersedes or revokes an order or part of an order made by F6the family court.

Annotations

Textual amendments

F1

Words in s. 28(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 79(2)(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2

Words in s. 28(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 79(2)(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F3

Words in s. 28(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 79(2)(c); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F4

S. 28(2) repealed (1.10.1997) by 1996 c. 27, s. 66(3), Sch. 10 (with Sch. 9 paras. 5, 8-10); S.I. 1997/1892, art. 3(1)(d)(ii)

F5

Words in s. 28(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 79(3)(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F6

Words in s. 28(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 79(3)(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F7

Words in s. 28 heading substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014 (S.I. 2014/605), arts. 1, 13

Modifications

C1

S. 28 restricted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 6 para. 46; S.I. 2005/3175, art. 2(1), Sch. 1

Notes on Part I

Modifications

C1

Pt. I (ss. 1-35) applied (with modifications) by Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18), ss. 28, 28A