OpenLegislation

Family Law Reform Act 1969 in Scotland

1969 c. 46 · Enacted 25 July 1969 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 4 May 2021.

Contents

  1. Part I: Reduction of Age of Majority and Related Provisions
  2. 2Provisions relating to marriage.
  3. 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  4. 10Modification of enactments relating to Duke of Cornwall and other children of Her Majesty.
  5. 11Repeal of certain enactments relating to minors.
  6. Part II: Property Rights of Illegitimate Children
  7. 19Policies of assurance and property in industrial and provident societies.
  8. 26Rebuttal of presumption as to legitimacy and illegitimacy.
  9. 27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  10. 28Short title, interpretation, commencement and extent.
  11. Schedule 1: Statutory Provisions Amended by Substituting 18 for 21 Years
  12. Schedule 2: Statutory Provisions Unaffected by Section 1
  13. 1Paragraph 1
  14. 3Paragraph 3 Repealed
  15. Schedule 3: Transitional Provisions and Savings
  16. Interpretation
  17. 1Paragraph 1
  18. Funds in court
  19. 2Paragraph 2
  20. Wardship and custody orders
  21. 3Paragraph 3
  22. Adoption orders
  23. 4Paragraph 4
  24. Power of trustees to apply income for maintenance of minor
  25. 5Paragraph 5
  26. Personal representatives’ powers during minority of beneficiary
  27. 6Paragraph 6
  28. Accumulation periods
  29. 7Paragraph 7
  30. Limitation of actions
  31. 8Paragraph 8
  32. Statutory provisions incorporated in deeds, wills, etc.
  33. 9Paragraph 9

2Provisions relating to marriage.

C1E1(1)

In the following enactments, that is to say—

F1(a)

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

(b)

paragraph 2(c) of Part I of the Schedule to the M1Marriage with Foreigners Act 1906 (persons under 21 seeking certificate to swear that necessary consents have been obtained);

(c)

section 78(1) of the M2Marriage Act 1949 (definition of “infant ” as person under the age of 21),

for the words “twenty-one years ” there shall be substituted the words “eighteen years ”.

F2(2)

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

(3)

Where for the purpose of obtaining a certificate F3. . . for marriage F4or marriage schedule under Part III of the said Act of 1949 a person declares that the consent of any person or persons whose consent to the marriage is required under the said section 3 has been obtained, the superintendent registrar may refuse to issue the certificate . . . for marriage or marriage schedule unless satisfied by the production of written evidence that the consent of that person or of those persons has in fact been obtained.

(4)

In this section any expression which is also used in the said Act of 1949 has the same meaning as in that Act.

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

10Modification of enactments relating to Duke of Cornwall and other children of Her Majesty.

F1(1)

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

(2)

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

C1(3)

In section 38 of the M1Duchy of Cornwall Management Act 1863 (under which certain rights and powers of the Duke of Cornwall may, while he is under 21, be exercised on his behalf by the Sovereign or persons acting under Her authority) for the words “twenty-one years ” wherever they occur there shall be substituted the words “eighteen years ”.

11Repeal of certain enactments relating to minors. E+W+S

The following enactments are hereby repealed—

(a)

the M1Infant Settlements Act 1855 (which enables a male infant over 20 and a female infant over 17 to make a marriage settlement), together with section 27(3) of the M2Settled Land Act 1925, except in relation to anything done before the coming into force of this section;

C1(b)

in section 6 of the M3Employers and Workmen Act 1875 (powers of justices in respect of apprentices)—

(i)

the paragraph numbered (1) (power to direct apprentice to perform his duties), and

(ii)

the sentence following the paragraph numbered (2) (power to order imprisonment of an apprentice who fails to comply with direction);

(c)

in the M4Sexual 0ffences Act 1956, section 18 and paragraph 5 of Schedule 2 (fraudulent abduction of heiress).

19Policies of assurance and property in industrial and provident societies.F1 E+W+S

(1)

In section 11 of the M1 Married Women’s Property Act 1882 and section 2 of the M2 Married Women’s Policies of Assurance (Scotland) Act 1880 (policies of assurance effected for the benefit of children) the expression “ children ” shall include illegitimate children.

F2( C1 2 )

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

(3)

Subsection (1) of this section does not affect the operation of the said Acts of 1882 and 1880 in relation to a policy effected before the coming into force of that subsection; F3...

26Rebuttal of presumption as to legitimacy and illegitimacy.

Any presumption of law as to the legitimacy or illegitimacy of any person may in any civil proceedings be rebutted by evidence which shows that it is more probable than not that that person is illegitimate or legitimate, as the case may be, and it shall not be necessary to prove that fact beyond reasonable doubt in order to rebut the presumption.

27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

28Short title, interpretation, commencement and extent.

(1)

This Act may be cited as the Family Law Reform Act 1969.

(2)

Except where the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment, including this Act.

P1(3)

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

(4)

In this Act—

(a)

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

(b)

section 2, so far as it amends any provision of . . . F2 the M1Marriage with Foreigners Act 1906, has the same extent as that provision;

(c)

sections . . . F3 6(7), so far as they affect Part II of the M2Maintenance Orders Act 1950, extend to Scotland and Northern Ireland;

F4(d)

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

(e)

section 11, so far as it relates to the M3Employers and Workmen Act 1875, extends to Scotland;

(f)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(g)

section 19 extends to Scotland;

but, save as aforesaid, this Act shall extend to England and Wales only.

1

The Regency Acts 1937 to 1953.

3F1

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

1

(1)

In this Schedule “the principal section ” means section 1 of this Act and “the commencement date ” means the date on which that section comes into force.

(2)

Subsection (7) of the principal section shall apply for the purposes of this Schedule as it applies for the purposes of that section.

2

Any order or directions in force immediately before the commencement date by virtue of—

(a)

any rules of court or other statutory provision (including, in particular, section 174 of the M1County Courts Act 1959) relating to the control of money recovered by or otherwise payable to an infant in any proceedings; or

(b)

section 19 of the M2Administration of Justice Act 1965 (control of money recovered by widow in fatal accident proceedings which are also brought for the benefit of an infant),

shall have effect as if any reference therein to the infant’s attaining the age of twenty-one were a reference to his attaining the age of eighteen or, in relation to a person who by virtue of the principal section attains full age on the commencement date, to that date.

3

(1)

Any order in force immediately before the commencement date—

(a)

making a person a ward of court; or

(b)

under the M1M2Guardianship of Infants Acts 1886 and 1925, or under the M3Matrimonial Causes Act 1965 or any enactment repealed by that Act, for the custody of, or access to, any person,

which is expressed to continue in force until the person who is the subject of the order attains the age of twenty-one, or any age between eighteen and twenty-one, shall have effect as if the reference to his attaining that age were a reference to his attaining the age of eighteen or, in relation to a person who by virtue of the principal section attains full age on the commencement date, to that date.

(2)

This paragraph is without prejudice to so much of any order as makes provision for the maintenance or education of a person after he has attained the age of eighteen.

4

The principal section shall not prevent the making of an adoption order or provisional adoption order under the M1Adoption Act 1958 in respect of a person who has attained the age of eighteen if the application for the order was made before the commencement date, and in relation to any such case that Act shall have effect as if the principal section had not been enacted.

5

(1)

The principal section shall not affect section 31 of the M1Trustee Act 1925—

(a)

in its application to any interest under an instrument made before the commencement date; or

(b)

in its application, by virtue of section 47(1)(ii) of the Administration of M2Estates Act 1925, to the estate of an intestate (within the meaning of that Act) dying before that date.

(2)

In any case in which (whether by virtue of this paragraph or paragraph 9 of this Schedule) trustees have power under subsection (1)(i) of the said section 31 to pay income to the parent or guardian of any person who has attained the age of eighteen, or to apply it for or towards the maintenance, education or benefit of any such person, they shall also have power to pay it to that person himself.

6

The principal section shall not affect the meaning of “minority ” in sections 33(3) and 39(1) of the Administration of Estates Act 1925 in the case of a beneficiary whose interest arises under a will or codicil made before the commencement date or on the death before that date of an intestate (within the meaning of that Act).

7

The change, by virtue of the principal section, in the construction of—

(a)

sections 164 to 166 of the M1Law of Property Act 1925;

(b)

section 13(1) of the M2Perpetuities and Accumulations Act 1964,

(which lay down permissible periods for the accumulation of income under settlements and other dispositions) shall not invalidate any direction for accumulation in a settlement or other disposition made by a deed, will or other instrument which was made before the commencement date.

8

The change, by virtue of the principal section, in the construction of section 31(2) of the M1Limitation Act 1939 (limitation in case of person under disability) shall not affect the time for bringing proceedings in respect of a cause of action which arose before the commencement date.

9

The principal section shall not affect the construction of any statutory provision where it is incorporated in and has effect as part of any deed, will or other instrument the construction of which is not affected by that section.