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Section 7 Powers of guardians.C1

England and Wales

(1)

Subject to subsection (2) below, a guardian under the M1Guardianship of Minors Act 1971, besides being guardian of the person of the F1child, shall have all the rights, powers and duties of a guardian of the child’s estate, including in particular the right to receive and recover in his own name for the benefit of the child property of whatever description and wherever situated which the child is entitled to receive or recover.

(2)

Nothing in subsection (1) above shall restrict or affect the power of the High Court to appoint a person to be, or to act as, the guardian of a child’s estate either generally or for a particular purpose; and subsection (1) above shall not apply to a guardian under the M2Guardianship of Minors Act 1971 so long as there is a guardian of the child’s estate alone.

Annotations

Textual amendments

F1

Word substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(1), 34(2)(5), Sch. 2 para. 53

Marginal citations

M1

1971 c. 3.

M2

1971 c. 3.

Modifications

C1

Pt. I (ss. 1–9) amended by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 2(1)(d), 34(2)(5)

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Act repealed (1.11.1996) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.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

Modifications

C1

Pt. I (ss. 1–9) amended by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 2(1)(d), 34(2)(5)