OpenLegislation

Matrimonial Proceedings (Children) Act 1958 in Scotland

6 & 7 Eliz. 2 c. 40 · Enacted 7 July 1958 · Extends to United Kingdom

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 1 November 1996.

See the changes not yet applied
ProvisionChangeMade by
s. 11(1B)(1C)insertedChildren (Scotland) Act 2020 s. 19(2)

An Act to extend the powers of courts to make orders in respect of children in connection with proceedings between husband and wife and to require arrangements with respect to children to be made to the satisfaction of the court before the making of a decree in such proceedings.

[7th July 1958]C1

Annotations to the whole text

Modifications

C1

Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

Contents

  1. Part 1
  2. 1—6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  3. Part II: Jurisdiction in Scotland
  4. 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  5. 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  6. 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  7. 15Interpretation of Part II.
  8. Part III: General
  9. 16Expenses.
  10. 17Application of enactments regulating the enforcement of maintenance orders.
  11. 18Short title, extent and commencement.

1—6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

15Interpretation of Part II.

In this Part of this Act, the expression “the court” means the Court of Session or the sheriff, the expression “child” means a child under sixteen years of age, . . . F1

16Expenses.F1 S

There shall be paid out of moneys provided by Parliament any increase attributable to this Act in the sums payable out of moneys so provided—

(a)

under section forty-seven of the M1Children Act, 1948, or

(b)

under Part I of the M2Local Government Act, 1948, or the M3Local Government (Financial Provisions) (Scotland) Act 1954, as amended by the M4Valuation and Rating (Scotland) Act, 1956.

17Application of enactments regulating the enforcement of maintenance orders.

Any order for maintenance or other payments made by virtue of this Act or any corresponding enactment of the Parliament of Northern Ireland shall be included among the orders to which section sixteen of the M1Maintenance Orders Act, 1950, applies (which section specifies the maintenance orders which are enforceable under Part II of that Act) . . . F1

18Short title, extent and commencement. E+W+S

(1)

This Act may be cited as the Matrimonial Proceedings (Children) Act, 1958.

(2)

Any reference in this Act to any enactment shall be construed as a reference to that enactment as amended or extended by any other Act, including this Act.

(3)

This Act (except so far as it affects Part II of the Maintenance Orders Act, 1950) shall not extend to Northern Ireland.

F1(4)

Part I of this Act shall come into force on such day as may be appointed by the Lord Chancellor by an order contained in a statutory instrument and Part II of this Act shall come into force on such day as may be appointed by the Secretary of State by such an order.