Paragraph 1

England and Wales

(1)

Section 9 of the M1Guardianship of Minors Act 1971 is to be amended in accordance with sub-paragraphs (2) to (4) below.

(2)

In section 9(2) there shall be substituted—

(a)

for the words “the mother”, where they first occur, the words “any person (whether or not one of the parents)”; and

(b)

for the words “the father to pay the mother” the words “payment to that person by the parent of either of the parents excluded from having that custody of”; and

(c)

for the words “the father”, where they last occur, the words “that parent”.

(3)

At the end of section 9(3) there shall be added—

“Provided that, unless the court in making the order directs otherwise, paragraphs (a) and (b) above shall not apply to any provision of the order giving the custody of the minor to a person other than one of the parents or made with respect to a minor of whom custody is so given.”

(4)

In section 9(4) the words “(in the case of an order under subsection (1))” shall be omitted, and at the end of section 9(4) there shall be added the words “or (before or after the death of either parent) on the application of any other person having the custody the minor by virtue of an order under subsection (1) of this section”.

Annotations

Marginal citations

M1: 1971 c. 3.

Notes on the whole Act

Textual amendments

F1: Act repealed (1.11.1996) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch. Table

Notes on Schedule 2

Modifications

C1: The text of Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. This provision has been amended by Children Act 1975 (c. 72), s. 108(1)(a), Sch. 3 para. 75(1)(b)(c); Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 36(2), 41(2), 47(1); Justices of the Peace Act 1979 (c. 55), s. 71, Sch. 2 para. 16. Parts of this provision have been repealed by Children Act 1975 (c. 72), s. 108(1)(a), Sch. 3 para. 75(1)(b)(c); Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 3; Family Law Act 1986 (c. 55), s. 68(1)(2), Sch. 1 para. 16(d)(e), Sch. 2