Paragraph 4
England and Wales
At the end of section 16 of the Guardianship of Minors Act 1971 there shall be added as subsection (5)—
“(5)In relation to applications made to a magistrates’ court under section 9 of this Act for the discharge or variation of an order giving the custody of a minor to a person other than one of the parents or made with respect to a a minor of whom custody is so given, rules made under section 15 of the Justices of the Peace Act 1949 may make provision as to the persons who are to be made defendants on the application; and if on any such application there are two or more defendants, the power of the court under section 55(1) of the Magistrates’ Courts Act 1952 shall be deemed to include power, whatever adjudication the court makes on the complaint, to order any of the parties to pay the whole or part of the costs of all or any of the parties.”
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Act repealed (1.11.1996) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.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The text of Sch. 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.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 Parts of this provision have been repealed by Children Act 1975 (c. 72), s. 108(1)(a), Sch. 3 para. 75(1)(b)(c); Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 3; Family Law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