Paragraph 3

In the Magistrates' Courts Rules 1981^f1–

(1)

In rule 2(1)–

(a)

after the definition of “the Act of 1980” and before the definition of “child” there shall be inserted ““the Act of 1989” means the Children Act 1989,”; and

(b)

for the words ““contribution order” has the meaning assigned to it by section 87 of the Children and Young Persons Act 1933” there shall be substituted ““contribution order” has the meaning assigned to it in paragraph 23(2) of Schedule 2 to the Act of 1989;”.

(2)

In rule 2(3), for the words “Part IV of the Children Act 1975” there shall be substituted “the Act of 1989”.

(3)

For rule 3, there shall be substituted the following rule–

“Saving for the Family Proceedings Courts (Children Act 1989) Rules 1991 and the Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991

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The provisions of these Rules shall have effect subject to the provisions of the Family Proceedings Courts (Children Act 1989) Rules 1991 and the Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991.”

(4)

In rule 51–

(a)

“or” shall be inserted after “1980”; and

(b)

the words “section 35A(5) of the Children Act 1975 or section 12B(5) of the Guardianship of Minors Act 1971” shall be omitted.

(5)

In rule 105, the words “or under section 15 of the Family Law Reform Act 1987” shall be omitted.

(6)

In rule 106–

(a)

in the heading, the words “and custody” shall be omitted;

(b)

in paragraph (1), the words–

(i)

“in section 24(2) of the Act of 1978 and”, and

(ii)

“section 20 or 21 of the said Act of 1978,”

shall be omitted;

(c)

in paragraph (2), the words “said section 24(2) or the” shall be omitted; and

(d)

in paragraph (3), the words “said section 24(2) or the” shall be omitted.

(7)

After rule 112 there shall be added the following rule–

“Composition of committee of magistrates for inner London area

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For the purposes of section 35(3)(bb) of the Justices of the Peace Act 1979^f2, the two members of the family panel constituted in accordance with the Family Proceedings Courts (Constitution) (Metropolitan Area) Rules 1991^f3 shall be chosen by ballot by the members of that panel.”

Annotations

Footnotes

f1: S.I. 1981/552, amended by S.I. 1982/245, 1983/523, 1984/1552, 1985/1695 and 1944, 1986/1332, 1988/2132, 1989/300 and 384, 1990/336, 1190 and 2260.
f2: 1979 c. 55; subsection (3)(bb) was inserted by section 10(3)(b) of the Courts and Legal Services Act 1990 (c. 41).
f3: S.I. 1991/1426.