Family Law Reform Act 1969
Act not in force at Royal Assent see s. 28(3); Act wholly in force at 1.3.1972 Unreliable sidenote For extent of this Act see s. 28(4) S. 2: see s. 28(4)(b) S. 2(1)(a) repealed by Foreign Marriage (Amendment) Act 1988 (c. 44, SIF 49:1), s. 7(2), Sch. S. 2(2) repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Words in s. 2(3) repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 para. 37, Sch. 16; S.I. 2000/2698, art. 2, Sch. Words in s. 2(3) inserted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 55 (with Sch. 2) S. 4 repealed by Guardianship of Minors Act 1971 (c. 3), Sch. 2 S. 5(1) repealed by Inheritance (Provision for Family and Dependants) Act 1975 (c. 63, SIF 116:1), s. 26(2), Sch. (with a saving in s. 26(3) in relation to applications made with reference to a death before 1.4.1976) S. 5(2) repealed by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 89(2)(b), Sch. 3 S. 5(3) repealed by Matrimonial Proceedings and Property Act 1970 (c. 45), Sch. 3 S. 6 repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch.20; S.I. 1991/1883, art. 3, Sch. S. 7 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 100(1), 108(7), Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art.3(2) S. 10(1)(2) omitted (1.4.2012) by virtue of Sovereign Grant Act 2011 (c. 15), s. 15(1), Sch. 1 para. 20 S. 13 repealed by Northern Ireland Constitution Act 1973 (c. 36), s. 41(1), Sch. 6 Pt. I S. 14repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(2)(4), 34(5), Sch. 3 paras. 1, 6, 8, Sch. 4 S. 15repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(2)(4), 34(5), Sch. 3 paras. 1, 6, 9, Sch. 4 S. 16 repealed (with saving) by Administration of Justice Act 1982 (c. 53, SIF 116:5), ss. 73(6), 75, Sch. 9 Pt. I S. 17 repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 20, 33(2)(4), 34(5), Sch. 3 paras. 1, 6, 10, Sch. 4 S. 18repealed by Inheritance (Provision for Family and Dependants) Act 1975 (c. 63, SIF 116:1), s. 26(2), Sch. (with a saving in s. 26(3) in relation to applications made with reference to a death before 1.4.1976) S. 19 repealed (so far as it relates to s. 2 of Married Women's Policies of Assurance Scotland Act 1880) by Married Women's Policies of Assurance (Scotland) (Amendment) Act 1980 (c. 56, SIF 49:6), s. 5 S. 19(2) repealed (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 7 (with Sch. 5) Words in s. 19(3) repealed (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 7 (with Sch. 5) S. 20(1) substituted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 23; S.I. 2001/777, art. 2 S. 20(1A) substituted (1.4.2001) for subsections (1A) and (1B) by 2000 c. 19, s. 82(2)(a) (with s. 83(6)); S.I. 2001/774, art. 2 S. 20(2)(2A) substituted (1.4.2001) for s. 20(2) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 23; S.I. 2001/777, art. 2 Word in s. 20(2) substituted (1.4.2001) by 1987 c. 42, s. 23(1); S.I. 2001/777, art. 2 (as substituted (1.4.2001) by 2000 c. 19, s. 83, Sch. 8 para. 9(a) (with s. 83(6)); S.I. 2001/774, art. 2) Words in s. 20(2A) substituted (1.4.2001) by 1987 c. 42, s. 23(1); S.I. 2001/777, art. 2 (as substituted (1.4.2001) by 2000 c. 19, s. 83, Sch. 8 para. 9(b) (with s. 83(6)); S.I. 2001/774, art. 2) Words in s. 20(4) substituted (1.4.2001) by 2000 c. 19, s. 82(2)(c) (with s. 83(6)); S.I. 2001/774, art. 2 Words in s. 20(5) substituted (1.4.2001) by 2000 c. 19, s. 82(2)(d)(i) (with s. 83(6)); S.I. 2001/774, art. 2 Words in s. 20(5) substituted (1.4.2001) by 2000 c. 19, s. 82(2)(d)(ii) (with s. 83(6)); S.I. 2001/774, art. 2 Words in s. 20(5) inserted (1.4.2001) by 2000 c. 19, s. 82(2)(d)(iii) (with s. 83(6)); S.I. 2001/774, art. 2 Words in s. 20(6) substituted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 21; S.I. 2001/777, art. 2 Words substituted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 22; S.I. 2001/777, art. 2 S. 21(3)(a)(b) substituted (1.4.2001) for words in s. 21(3) by 2000 c. 19, s. 82(3) (with s. 83(6)); S.I. 2001/774, art. 2 S. 21(4) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 15 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d) Words in s. 22(1) substituted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 23(2); S.I. 2001/777, art. 2 Words in s. 22(1) substituted (1.4.1992) by S.I. 1992/709, art. 3(2), Sch. 2 (with art. 5(2)) Words in s. 22(1)(a) substituted (1.4.2001) by 2000 c. 19, s. 82(4)(a) (with s. 83(6)); S.I. 2001/774, art. 2 S. 22(1)(aa) inserted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 23(3); S.I. 2001/777, art. 2 Words in s. 22(1)(d) inserted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 23(4); S.I. 2001/777, art. 2 S. 22(1)(e) substituted (1.4.2001) by 2000 c. 19, s. 82(4)(b) (with s. 83(6)); S.I. 2001/774, art. 2 S. 22(1)(j) inserted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 23(5); S.I. 2001/777, art. 2 Word in s. 23(2) substituted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 24(a); S.I. 2001/777, art. 2 Words in s. 23(3) substituted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 24(b); S.I. 2001/777, art. 2 Words in s. 24 substituted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 25; S.I. 2001/777, art. 2 Definition in s. 25 substituted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 23(2)(a); S.I. 2001/777, art. 2 Words in s. 25 added (1.8.1991) by Human Fertilisation and Embryology Act 1990 (c. 37, SIF 83:1), s. 49(5), Sch. 4 para. 1 (with ss. 39(3), 43(2)); S.I. 1991/1400, art. 2(2) Word in s. 25 substituted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 13(a); S.I. 2009/479, art. 6(1)(d) (with art. 7, Sch.) Words in s. 25 inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 13(b); S.I. 2009/479, art. 6(1)(d) (with art. 7, Sch.) Definition in s. 25 inserted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 23(2)(b); S.I. 2001/777, art. 2 S. 27repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(2)(4), Sch. 4 S. 28(4)(a) repealed by British Nationality Act 1981 (c. 61, SIF 87), s. 53(2), Sch. 9 Words repealed by Foreign Marriage (Amendment) Act 1988 (c. 44, SIF 49:1), s. 7(2), Sch. Words repealed by Guardianship of Minors Act 1971 (c. 3), Sch. 2 S. 28(4)(d) omitted (1.4.2012) by virtue of Sovereign Grant Act 2011 (c. 15), s. 15(1), Sch. 1 para. 21 S. 28(4)(f) repealed by Northern Ireland Constitution Act 1973 (c. 36), s. 41(1), Sch. 6 Pt. I Entries in Sch. 1 Pt. I repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. VIII. Entry relating to the Friendly Societies Act 1886 (c. 25), s. 36 repealed by Friendly Societies Act 1974 (c. 46), s.116(4), Sch. 11 Entry relating to Supreme Court of Judicature (Consolidation) Act 1925 (c. 49), s. 165(1) repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7 Entry relating to British Nationality Act 1948 (c. 56, SIF 87), s. 32(1)(9) repealed by British Nationality Act 1981 (c. 61, SIF 87), s. 53(2), Sch. 9 Entry relating to Customs and Excise Act 1952 (c. 44), s. 244(2)(a) repealed by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), s. 177(3), Sch. 6 Pt. I Entries relating to the Sexual Offences Act 1956 and the Mental Health Act 1959 repealed by Guardianship Act 1973 (c. 29, SIF 49:9), s. 9, Sch. 3 and entries relating to the Mental Health Act 1959 are also expressed to be repealed by Mental Health Act 1983 (c. 20, SIF 85), s. 134, Sch. 6 Entry relating to County Courts Act 1959 (c. 22) repealed by County Courts Act 1984 (c. 28, SIF 34), ss. 148(3), 149(3), Sch. 4 Entry relating to the Building Societies Act 1962 (c. 37) repealed by Building Societies Act 1986 (c. 53, SIF 16), s. 120, Sch. 19 Pt. I Sch. 1 entry repealed (1.9.2007) by Gambling Act 2005 (c. 19), s. 358(1), Sch. 17 (with ss. 352, 354); S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11 arts. 7-12 Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.) Words in Sch. 1 repealed (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 7 (with Sch. 5) Sch. 1 Pt.II, except the entry relating to the Government Stock Regulations 1965, repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.VIII. Sch. 1 Pt. 2 entry omitted (1.7.2004) by virtue of The Government Stock (Consequential and Transitional Provision) (No. 2) Order 2004 (S.I. 2004/1662), art. 1, Sch. paras. 1, 18 (with art. 3) Words repealed by Representation of the People Act 1983 (c. 2, SIF 42), ss. 204, 205, 206, Sch. 9 Pt. I Words in Sch. 2 para. 2 repealed (1.1.2007 for E.W.S. and 7.2.2007 for N.I.) by Electoral Administration Act 2006 (c. 22), s. 77(2), Sch. 1 para. 103, Sch. 2; S.I. 2006/3412, art. 3, Sch. 1 para. 14(bb)(iv)(cc)(iii) (with art. 6, Sch. 2 para. 1); S.I. 2007/230, art. 2 Words in Sch. 2 para. 2 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.VIII. Sch. 2 para. 3 repealed by Finance Act 1969 (c. 32), s. 16(1), Sch. 21 Pt. IV Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3 S. 1 applied by Finance Act 1969 (c. 32), s. 16(1) The text of ss. 2(1), 19(2), Sch. 1 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991 S. 9 excluded by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 259(9) The text of ss. 2(2), 10(3), 11(b)(c), 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 The text of ss. 2(2), 10(3), 11(b)(c), 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 The text of ss. 2(1), 19(2), Sch. 1 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991 S. 20 excluded by Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18), s. 44(1) The text of ss. 2(1), 19(2), Sch. 1 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991 1906 c. 40. 1949 c. 76. 1857 c. 26. 1918 c. 58 (7 & 8 Geo. V). 1925 c. 23. 1863 c. 49. 1855 c. 43. 1925 c. 18. 1875 c. 90. 1956 c. 69. 1882 c. 75. 1880 c. 26. 1986 c.55 (49:7). 1987 c.42(47:7). 1906 c. 40. 1950 c. 37. 1875 c. 90. 1959 c. 22. 1965 c. 2. 1886 c. 27. 1925 c. 45. 1965 c. 72. 1958 c. 5 (7 & 8 Eliz. 2). 1925 c. 19. 1925 c. 23. 1925 c. 20. 1964 c. 55. 1939 c. 21. S. 28(3): power exercised by S.I. 1969/1140 and 1971/1857 An Act to amend the law relating to the age of majority, to persons who have not attained that age and to the time when a particular age is attained; to amend the law relating to the property rights of illegitimate children and of other persons whose relationship is traced through an illegitimate link; to make provision for the use of blood tests for the purpose of determining the paternity of any person in civil proceedings; to make provision with respect to the evidence required to rebut a presumption of legitimacy and illegitimacy; to make further provision, in connection with the registration of the birth of an illegitimate child, for entering the name of the father; and for connected purposes.
As from the date on which this section comes into force a person shall attain full age on attaining the age of eighteen instead of on attaining the age of twenty-one; and a person shall attain full age on that date if he has then already attained the age of eighteen but not the age of twenty-one.
The foregoing subsection applies for the purposes of any rule of law, and, in the absence of a definition or of any indication of a contrary intention, for the construction of “full age ”, “infant ”, “infancy ”, “minor ”, “minority ” and similar expressions in—
any statutory provision, whether passed or made before, on or after the date on which this section comes into force; and
any deed, will or other instrument of whatever nature (not being a statutory provision) made on or after that date.
In the statutory provisions specified in Schedule 1 to this Act for any reference to the age of twenty-one years there shall be substituted a reference to the age of eighteen years; but the amendment by this subsection of the provisions specified in Part II of that Schedule shall be without prejuduce to any power of amending or revoking those provisions.
This section does not affect the construction of any such expression as is referred to in subsection (2) of this section in any of the statutory provisions described in Schedule 2 to this Act, and the transitional provisions and savings contained in Schedule 3 to this Act shall have effect in relation to this section.
The Lord Chancellor may by order made by statutory instrument amend any provision in any local enactment passed on or before the date on which this section comes into force (not being a provision described in paragraph 2 of Schedule 2 to this Act) by substituting a reference to the age of eighteen years for any reference therein to the age of twenty-one years; and any statutory instrument containing an order under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “statutory provision ” means any enactment (including, except where the context otherwise requires, this Act) and any order, rule, regulation, byelaw or other instrument made in the exercise of a power conferred by any enactment.
Notwithstanding any rule of law, a will or codicil executed before the date on which this section comes into force shall not be treated for the purposes of this section as made on or after that date by reason only that the will or codicil is confirmed by a codicil executed on or after that date.
In the following enactments, that is to say— for the words “twenty-one years ” there shall be substituted the words “eighteen years ”.
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paragraph 2(c) of Part I of the Schedule to the Marriage with Foreigners Act 1906 (persons under 21 seeking certificate to swear that necessary consents have been obtained);
section 78(1) of the Marriage Act 1949 (definition of “infant ” as person under the age of 21),
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for the words " the county court of the district in which any respondent resides " there shall be substituted the words " the county court of the district in which any applicant or respondent resides "; and
after the words " or a court of summary jurisdiction " there shall be inserted the words " having jurisdiction in the place in which any applicant or respondent resides ".
Where for the purpose of obtaining a certificate . . . for marriage or marriage schedule under Part III of the said Act of 1949 a person declares that the consent of any person or persons whose consent to the marriage is required under the said section 3 has been obtained, the superintendent registrar may refuse to issue the certificate . . . for marriage or marriage schedule unless satisfied by the production of written evidence that the consent of that person or of those persons has in fact been obtained.
In this section any expression which is also used in the said Act of 1949 has the same meaning as in that Act.
In the following enactments, that is to say— in their application to wills made after the coming into force of this section, for the words “twenty-one years ” there shall be substituted the words “eighteen years ”.
section 7 of the Wills Act 1837 (invalidity of wills made by persons under 21);
sections 1 and 3(1) of the Wills (Soldiers and Sailors) Act 1918 (soldier etc. eligible to make will and dispose of real property although under 21),
In section 47(1)(i) of the Administration of Estates Act 1925 (statutory trusts on intestacy), in its application to the estate of an intestate dying after the coming into force of this section, for the words “twenty-one years ” in both places where they occur there shall be substituted the words “eighteen years ”.
Any will which— may be revoked by that person notwithstanding that he is still under that age whether or not the circumstances are then such that he would be entitled to make a valid will under those provisions.
has been made, whether before or after the coming into force of this section, by a person under the age of eighteen; and
is valid by virtue of the provisions of section 11 of the said Act of 1837 and the said Act of 1918,
In this section “will ” has the same meaning as in the said Act of 1837 and “intestate ” has the same meaning as in the said Act of 1925.
An order under section 3(2), 5(4) or 6 of the Guardianship of Infants Act 1925 for the payment of sums towards the maintenance or education of a minor may require such sums to continue to be paid in respect of any period after the date on which he ceases to be a minor but not extending beyond the date on which he attains the age of twenty-one; and any order which is made as aforesaid may provide that any sum which is payable thereunder for the benefit of a person who has ceased to be a minor shall be paid to that person himself.
Subject to subsections (3) and (4) of this section, where a person who has ceased to be a minor but has not attained the age of twenty-one has, while a minor, been the subject of an order under any of the provisions of the Guardianship of Infants Acts 1886 and 1925, the court may, on the application of either parent of that person or of that person himself, make an order requiring either parent to pay to the other parent, to anyone else for the benefit of that person or to that person himself, in respect of any period not extending beyond the date when he attains the said age, such weekly or other periodical sums towards his maintenance or education as the court thinks reasonable having regard to the means of the person on whom the requirement is imposed.
No order shall be made under subsection (2) of this section, and no liability under such an order shall accrue, at a time when the parents of the person in question are residing together, and if they so reside for a period of three months after such an order has been made it shall cease to have effect.
No order shall be made under subsection (2) of this section requiring any person to pay any sum towards the maintenance or education of an illegitimate child of that person.
Subsection (2) of this section shall be construed as one with the said Acts of 1886 and 1925, and—
any order under that subsection, or under any corresponding enactment of the Parliament of Northern Ireland, shall be included among the orders to which section 16 of the Maintenance Orders Act 1950 applies;
any order under that subsection shall be included among the orders mentioned in section 2(1)(d) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 and be deemed to be a maintenance order within the meaning of the Maintenance Orders Act 1958.
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in subsection (1)(c) of that Act for the words " infant son " there shall be substituted the words " a son who has not attained the age of twenty-one years ";
in subsection (2)(c) of that Act for the words " in the case of an infant son, his attaining the age of twenty-one years " there shall be substituted the words " in the case of a son who has not attained the age of twenty-one years, his attaining that age ".
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any application for an order under subsection (2) or (3) of section 7 of that Act directing that payments shall be made under the affiliation order for any period after he has attained that age may be made by the child himself; and
the child himself shall be the person entitled to any payments directed by an order under that section to be so made for any such period as aforesaid.
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in subsection (2) of the said section 22 for the words " any infant child of the marriage in question and any infant illegitimate child of both parties to the marriage " there shall be substituted the words " any child of the marriage who is under twenty-one and any illegitimate child of both parties to the marriage who is under that age ";
in the said section 35(1) after the words " any child to whom that subsection applies " there shall be inserted the words " who is under eighteen ", and at the end there shall be added the words " and the child is under that age ".
In this section " the court" means any of the following courts in the exercise of its jurisdiction relating to the wardship of children, that is to say, the High Court, the Court of Chancery of the County Palatine of Lancaster and the Court of Chancery of the County Palatine of Durham, and " ward of court" means a ward of the court in question.
Subject to the provisions of this section, the court may make an order— such weekly or other periodical sums towards the maintenance and education of the ward as the court thinks reasonable having regard to the means of the person or persons on whom the requirement is imposed.
requiring either parent of a ward of court to pay to the other parent; or
requiring either parent or both parents of a ward of court to pay to any other person having the care and control of the ward,
An order under subsection (2) of this section may require such sums as are mentioned in that subsection to continue to be paid in respect of any period after the date on which the person for whose benefit the payments are to be made ceases to be a minor but not beyond the date on which he attains the age of twenty-one, and any order made as aforesaid may provide that any sum which is payable thereunder for the benefit of that person after he has ceased to be a minor shall be paid to that person himself.
Subject to the provisions of this section, where a person who has ceased to be a minor but has not attained the age of twenty-one has at any time been the subject of an order making him a ward of court, the court may, on the application of either parent of that person or of that person himself, make an order requiring either parent to pay to the other parent, to anyone else for the benefit of that person or to that person himself, in respect of any period not extending beyond the date when he attains the said age, such weekly or other periodical sums towards his maintenance or education as the court thinks reasonable having regard to the means of the person on whom the requirement in question is imposed.
No order shall be made under this section, and no liability under such an order shall accrue, at a time when the parents of the ward or former ward, as the case may be, are residing together, and if they so reside for a period of three months after such an order has been made it shall cease to have effect; but the foregoing provisions of this subsection shall not apply to any order made by virtue of subsection (2)(b) of this section.
No order shall be made under this section requiring any person to pay any sum towards the maintenance or education of an illegitimate child of that person.
Any order under this section, or under any corresponding enactment of the Parliament of Northern Ireland, shall be included among the orders to which section 16 of the Maintenance Orders Act 1950 applies; and any order under this section shall be included among the orders mentioned in section 2(1)(d) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 and be deemed to be a maintenance order within the meaning of the Maintenance Orders Act 1958.
The court shall have power from time to time by an order under this section to vary or discharge any previous order thereunder.
In this section " the court" means any of the following courts in the exercise of its jurisdiction relating to the wardship of children, that is to say, the High Court, the Court of Chancery of the County Palatine of Lancaster and the Court of Chancery of the County Palatine of Durham, and " ward of court " means a ward of the court in question.
Where it appears to the court that there are exceptional circumstances making it impracticable or undesirable for a ward of court to be, or to continue to be, under the care of either of his parents or of any other individual the court may, if it thinks fit, make an order committing the care of the ward to a local authority; and thereupon Part II of the Children Act 1948 (which relates to the treatment of children in the care of a local authority) shall, subject to the next following subsection, apply as if the child had been received by the local authority into their care under section 1 of that Act.
In subsection (2) of this section " local authority " means one of the local authorities referred to in subsection (1) of section 36 of the Matrimonial Causes Act 1965 (under which a child may be committed to the care of a local authority by a court having jurisdiction to make an order for its custody); and subsections (2) to (6) of that section (ancillary provisions) shall have effect as if any reference therein to that section included a reference to subsection (2) of this section.
Where it appears to the court that there are exceptional circumstances making it desirable that a ward of court (not being a ward who in pursuance of an order under subsection (2) of this section is in the care of a local authority) should be under the supervision of an independent person, the court may, as respects such period as the court thinks fit, order that the ward be under the supervision of a welfare officer or of a local authority; and subsections (2) and (3) of section 37 of the said Act of 1965 (ancillary provisions where a child is placed under supervision by a court having jurisdiction to make an order for its custody) shall have effect as if any reference therein to that section included a reference to this subsection.
The court shall have power from time to time by an order under this section to vary or discharge any previous order thereunder.
The consent of a minor who has attained the age of sixteen years to any surgical, medical or dental treatment which, in the absence of consent, would constitute a trespass to his person, shall be as effective as it would be if he were of full age; and where a minor has by virtue of this section given an effective consent to any treatment it shall not be necessary to obtain any consent for it from his parent or guardian.
In this section “surgical, medical or dental treatment ” includes any procedure undertaken for the purposes of diagnosis, and this section applies to any procedure (including, in particular, the administration of an anaesthetic) which is ancillary to any treatment as it applies to that treatment.
Nothing in this section shall be construed as making ineffective any consent which would have been effective if this section had not been enacted.
The time at which a person attains a particular age expressed in years shall be the commencement of the relevant anniversary of the date of his birth.
This section applies only where the relevant anniversary falls on a date after that on which this section comes into force, and, in relation to any enactment, deed, will or other instrument, has effect subject to any provision therein.
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section 2(2)(b) of that Act (which relates to the three years during which the Duke is over 18 but under 21); and
in section 2(2)(a) of that Act the words " for each year whilst he is under the age of eighteen years",
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In section 38 of the Duchy of Cornwall Management Act 1863 (under which certain rights and powers of the Duke of Cornwall may, while he is under 21, be exercised on his behalf by the Sovereign or persons acting under Her authority) for the words “twenty-one years ” wherever they occur there shall be substituted the words “eighteen years ”.
The following enactments are hereby repealed—
the Infant Settlements Act 1855 (which enables a male infant over 20 and a female infant over 17 to make a marriage settlement), together with section 27(3) of the Settled Land Act 1925, except in relation to anything done before the coming into force of this section;
in section 6 of the Employers and Workmen Act 1875 (powers of justices in respect of apprentices)—
the paragraph numbered (1) (power to direct apprentice to perform his duties), and
the sentence following the paragraph numbered (2) (power to order imprisonment of an apprentice who fails to comply with direction);
in the Sexual 0ffences Act 1956, section 18 and paragraph 5 of Schedule 2 (fraudulent abduction of heiress).
A person who is not of full age may be described as a minor instead of as an infant, and accordingly in this Act “minor ” means such a person as aforesaid.
Where either parent of an illegitimate child dies intestate as respects all or any of his or her real or personal property, the illegitimate child or, if he is dead, his issue, shall be entitled to take any interest therein to which he or such issue would have been entitled if he had been born legitimate.
Where an illegitimate child dies intestate in respect of all or any of his real or personal property, each of his parents, if surviving, shall be entitled to take any interest therein to which that parent would have been entitled if the child had been born legitimate.
In accordance with the foregoing provisions of this section, Part IV of the Administration of Estates Act 1925 (which deals with the distribution of the estate of an intestate) shall have effect as if—
any reference to the issue of the intestate included a reference to any illegitimate child of his and to the issue of any such child ;
any reference to the child or children of the intestate included a reference to any illegitimate child or children of his ; and
in relation to an intestate who is an illegitimate child, any reference to the parent, parents, father or mother of the intestate were a reference to his natural parent, parents, father or mother.
For the purposes of subsection (2) of this section and of the provisions amended by subsection (3)(c) thereof, an illegitimate child shall be presumed not to have been survived by his father unless the contrary is shown.
This section does not apply to or affect the right of any person to take any entailed interest in real or personal property.
The reference in section 50(1) of the said Act of 1925 (which relates to the construction of documents) to Part IV of that Act, or to the foregoing provisions of that Part, shall in relation to an instrument inter vivos made, or a will or codicil coming into operation, after the coming into force of this section (but not in relation to instruments inter vivos made or wills or codicils coming into operation earlier) be construed as including references to this section.
Section 9 of the Legitimacy Act 1926 (under which an illegitimate child and his issue are entitled to succeed on the intestacy of his mother if she leaves no legitimate issue, and the mother of an illegitimate child is entitled to succeed on his intestacy as if she were the only surviving parent) is hereby repealed.
In this section " illegitimate child " does not include an illegitimate child who is—
a legitimated person within the meaning of the said Act of 1926 or a person recognised by virtue of that Act or at common law as having been legitimated; or
an adopted person under an adoption order made in any part of the United Kingdom, the Isle of Man or the Channel Islands or under an overseas adoption as defined in section 4(3) of the Adoption Act 1968.
This section does not affect any rights under the intestacy of a person dying before the coming into force of this section.
In any disposition made after the coming into force of this section—
any reference (whether express or implied) to the child or children of any person shall, unless the contrary intention appears, be construed as, or as including, a reference to any illegitimate child of that person; and
any reference (whether express or implied) to a person or persons related in some other manner to any person shall, unless the contrary intention appears, be construed as, or as including, a reference to anyone who would be so related if he, or some other person through whom the relationship is deduced, had been born legitimate.
The foregoing subsection applies only where the reference in question is to a person who is to benefit or to be capable of benefiting under the disposition or, for the purpose of designating such a person, to someone else to or through whom that person is related; but that subsection does not affect the construction of the word " heir " or " heirs " or of any expression which is used to create an entailed interest in real or personal property.
In relation to any disposition made after the coming into force of this section, section 33 of the Trustee Act 1925 (which specifies the trusts implied by a direction that income is to be held on protective trusts for the benefit of any person) shall have effect as if—
the reference to the children or more remote issue of the principal beneficiary included a reference to any illegitimate child of the principal beneficiary and to anyone who would rank as such issue if he, or some other person through whom he is descended from the principal beneficiary, had been born legitimate; and
the reference to the issue of the principal beneficiary included a reference to anyone who would rank as such issue if he, or some other person through whom he is descended from the principal beneficiary, had been born legitimate.
In this section references to an illegitimate child include references to an illegitimate child who is or becomes a legitimated person within the meaning of the Legitimacy Act 1926 or a person recognised by virtue of that Act or at common law as having been legitimated; and in section 3 of that Act—
subsection (1)(b) (which relates to the effect of dispositions where a person has been legitimated) shall not apply to a disposition made after the coming into force of this section except as respects any interest in relation to which the disposition refers only to persons who are, or whose relationship is deduced through, legitimate persons; and
subsection (2) (which provides that, where the right to any property depends on the relative seniority of the children of any person, legitimated persons shall rank as if born on the date of legitimation) shall not apply in relation to any right conferred by a disposition made after the coming into force of this section unless the terms of the disposition are such that the children whose relative seniority is in question cannot include any illegitimate children who are not either legitimated persons within the meaning of that Act or persons recognised by virtue of that Act as having been legitimated.
Where under any disposition any real or personal property or any interest in such property is limited (whether subject to any preceding limitation or charge or not) in such a way that it would, apart from this section, devolve (as nearly as the law permits) along with a dignity or title of honour, then, whether or not the disposition contains an express reference to the dignity or title of honour, and whether or not the property or some interest in the property may in some event become severed therefrom, nothing in this section shall operate to sever the property or any interest therein from the dignity or title, but the property or interest shall devolve in all respects as if this section had not been enacted.
This section is without prejudice to sections 16 and 17 of the Adoption Act 1958 (which relate to the construction of dispositions in cases of adoption).
There is hereby abolished, as respects dispositions made after the coming into force of this section, any rule of law that a disposition in favour of illegitimate children not in being when the disposition takes effect is void as contrary to public policy.
In this section " disposition " means a disposition, including an oral disposition, of real or personal property whether inter vivos or by will or codicil; and, notwithstanding any rule of law, a disposition made by will or codicil executed before the date on which this section comes into force shall not be treated for the purposes of this section as made on or after that date by reason only that the will or codicil is confirmed by a codicil executed on or after that date.
In relation to a testator who dies after the coming into force of this section, section 33 of the Wills Act 1837 (gift to children or other issue of testator not to lapse if they predecease him but themselves leave issue) shall have effect as if—
the reference to a child or other issue of the testator (that is, the intended beneficiary) included a reference to any illegitimate child of the testator and to anyone who would rank as such issue if he, or some other person through whom he is descended from the testator, had been born legitimate; and
the reference to the issue of the intended beneficiary included a reference to anyone who would rank as such issue if he, or some other person through whom he is descended from the intended beneficiary, had been born legitimate.
In this section "illegitimate child " includes an illegitimate child who is a legitimated person within the meaning of the Legitimacy Act 1926 or a person recognised by virtue of that Act or at common law as having been legitimated.
section 14 of this Act so far as it confers any interest on illegitimate children or their issue or on the father of an illegitimate child ; or
section 15 or 16 of this Act,
For the purposes of the Inheritance (Family Provision) Act 1938, a person's illegitimate son or daughter shall be treated as his dependant in any case in which a legitimate son or daughter of that person would be so treated, and accordingly in the definition of the expressions " son" and " daughter " in section 5(1) of that Act, as amended by the Family Provision Act 1966, after the words "respectively include " there shall be inserted the words " an illegitimate son or daughter of the deceased ".
In section 26(6) of the Matrimonial Causes Act 1965 (which provides, among other things, for the word " dependant" to have the same meaning as in the said Act of 1938 as amended by the said Act of 1966), after the words " as amended by the Family Provision Act 1966 " there shall be inserted the words " and the Family Law Reform Act 1969 ".
This section does not affect the operation of the said Acts of 1938 and 1965 in relation to a person dying before the coming into force of this section.
In section 11 of the Married Women’s Property Act 1882 and section 2 of the Married Women’s Policies of Assurance (Scotland) Act 1880 (policies of assurance effected for the benefit of children) the expression “ children ” shall include illegitimate children.
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Subsection (1) of this section does not affect the operation of the said Acts of 1882 and 1880 in relation to a policy effected before the coming into force of that subsection; ...
In any civil proceedings in which the parentage of any person falls to be determined, the court may, either of its own motion or on an application by any party to the proceedings, give a direction— and the court may at any time revoke or vary a direction previously given by it under this subsection.
for the use of scientific tests to ascertain whether such tests show that a party to the proceedings is or is not the father or mother of that person; and
for the taking, within a period specified in the direction, of bodily samples from all or any of the following, namely, that person, any party who is alleged to be the father or mother of that person and any other party to the proceedings;
The individual carrying out scientific tests in pursuance of a direction under subsection (1) above shall make to the court a report in which he shall state— and the report shall be received by the court as evidence in the proceedings of the matters stated in it.
the results of the tests;
whether any party to whom the report relates is or is not excluded by the results from being the father or mother of the person whose parentage is to be determined; and
in relation to any party who is not so excluded, the value, if any, of the results in determining whether that party is the father or mother of that person;
Tests required by a direction under this section may only be carried out by a body which has been accredited for the purposes of this section by—
the Lord Chancellor, or
a body appointed by him for the purpose.
A report under subsection (2) of this section shall be in the form prescribed by regulations made under section 22 of this Act.
Where a report has been made to a court under subsection (2) of this section, any party may, with the leave of the court, or shall, if the court so directs, obtain from the tester a written statement explaining or amplifying any statement made in the report, and that statement shall be deemed for the purposes of this section (except subsection (3) thereof) to form part of the report made to the court.
Where the proceedings in which the parentage of any person falls to be determined are proceedings on an application under section 55A or56 of the Family Law Act 1986, any reference in subsection (1) or (2) of this section to any party to the proceedings shall include a reference to any person named in the application.
Where a direction is given under this section in any proceedings, a party to the proceedings, unless the court otherwise directs, shall not be entitled to call as a witness the tester, or anyother person by whom any thing necessary for the purpose of enabling those tests to be carried out was done, unless within fourteen days after receiving a copy of the report he serves notice on the other parties to the proceedings, or on such of them as the court may direct, of his intention to call the tester or that other person; the tester or any such person is called as a witness the party who called him shall be entitled to cross-examine him.
Where a direction is given under this section the party on whose application the direction is given shall pay the cost of taking and testing bodily samples for the purpose of giving effect to the direction (including any expenses reasonably incurred by any person in taking any steps required of him for the purpose), and of making a report to the court under this section, but the amount paid shall be treated as costs incurred by him in the proceedings.
Subject to the provisions of subsections (3) and (4) of this section, a bodily sample which is required to be taken from any person for the purpose of giving effect to a direction under section 20 of this Act shall not be taken from that person except with his consent.
The consent of a minor who has attained the age of sixteen years to the taking from himself of a bodily sample shall be as effective as it would be if he were of full age; and where a minor has by virtue of this subsection given an effective consent to the taking of a bodily sample it shall not be necessary to obtain any consent for it from any other person.
A bodily sample may be taken from a person under the age of sixteen years, not being such a person as is referred to in subsection (4) of this section,.
if the person who has the care and control of him consents; or
where that person does not consent, if the court considers that it would be in his best interests for the sample to be taken.
A bodily sample may be taken from a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to give his consent, if consent is given by the court giving the direction under section 20 or by— with power in that respect.
a donee of an enduring power of attorney or lasting power of attorney (within the meaning of that Act), or
a deputy appointed, or any other person authorised, by the Court of Protection,
The foregoing provisions of this section are without prejudice to the provisions of section 23 of this Act.
The Lord Chancellor may by regulations make provision as to the manner of giving effect to directions under section 20 of this Act and, in particular, any such regulations may—
provide that bodily samples shall not be taken except by registered medical practitioners or members of suchprofessional bodies as may be prescribed by the regulations;
regulate the taking, identification and transport of bodily samples;
prescribe the bodily samples to be taken;
require the production at the time when a bodily sample is to be taken of such evidence of the identity of the person from whom it is to be taken as may be prescribed by the regulations;
require any person from whom a bodily sample is to be taken, or, in such cases as may be prescribed by the regulations, such other person as may be so prescribed, to state in writing whether he or the person from whom the sample is to be taken, as the case may be, has during such period as may be specified in the regulations suffered from any such illness or condition or undergone any such treatment as may be so specified or received a transfusion of blood;
prescribe conditions which a body must meet in order to be eligible for accreditation for the purposes of section 20 of this Act;
prescribe the scientific tests to be carried out and the manner in which they are to be carried out;
regulate the charges that may be made for the taking and testing of bodily samples and for the making of a report to a court under section 20 of this Act;
make provision for securing that so far as practicable the bodily samples to be tested for the purpose of giving effect to a direction under section 20 of this Act are tested by the same person;
prescribe the form of the report to be made to a court under section 20 of this Act.
make different provision for different cases or for different descriptions of case.
The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Where a court gives a direction under section 20 of this Act and any person fails to take any step required of him for the purpose of giving effect to the direction, the court may draw such inferences, if any, from that fact as appear proper in the circumstances.
Where in any proceedings in which the paternity of any person falls to be determined by the court hearing the proceedings there is a presumption of law that that person is legitimate, then if— the court may adjourn the hearing for such period as it thinks fit to enable that party to take that step, and if at the end of that period he has failed without reasonable cause to take it the court may, without prejudice to subsection (1) of this section, dismiss his claim for relief notwithstanding the absence of evidence to rebut the presumption.
a direction is given under section 20 of this Act in those proceedings, and
any party who is claiming any relief in the proceedings and who for the purpose of obtaining that relief is entitled to rely on the presumption fails to take any step required of him for the purpose of giving effect to the direction,
Where any person named in a direction under section 20 of this Act fails to consent to the taking of a blood sample from himself or from any person named in the direction of whom he has the care and control, he shall be deemed for the purposes of this section to have failed to take a step required of him for the purpose of giving effect to the direction.
If for the purpose of providing a bodily sample for a test required to give effect to a direction under section 20 of this Act any person personates another, or proffers a child knowing that it is not the child named in the direction, he shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding two years, or
on summary conviction, to a fine not exceeding £400.
In this Part of this Act the following expressions have the meanings hereby respectively assigned to them, that is to say—
" blood samples " means blood taken for the purpose of blood tests;
“ bodily sample ” means a sample of bodily fluid or bodily tissue taken for the purpose of scientific tests;
" blood tests " means blood tests carried out under this Part of this Act and includes any test made with the object of ascertaining the inheritable characteristics of blood;
“excluded ” means excluded subject to the occurrence of mutation to section 27 of the Family Law Reform Act 1987 , to sections 27 to 29 of the Human Fertilisation and Embryology Act 1990 and to sections 33 to 47 of the Human Fertilisation and Embryology Act 2008.
" excluded " means excluded subject to the occurrence of mutation.
“ scientific tests ” means scientific tests carried out under this Part of this Act and made with the object of ascertaining the inheritable characteristics of bodily fluids or bodily tissue.
Any presumption of law as to the legitimacy or illegitimacy of any person may in any civil proceedings be rebutted by evidence which shows that it is more probable than not that that person is illegitimate or legitimate, as the case may be, and it shall not be necessary to prove that fact beyond reasonable doubt in order to rebut the presumption.
In section 10 of the Births and Deaths Registration Act 1953 (which provides that the registrar shall not enter the name of any person as the father of an illegitimate child except at the joint request of the mother and the person acknowledging himself to be the father and requires that person to sign the register together with the mother) for the words from " except " onwards there shall be substituted the words " except—
at the joint request of the mother and the person acknowledging himself to be the father of the child (in which case that person shall sign the register together with the mother); or
at the request of the mother on production of—
a declaration in the prescribed form made by the mother stating that the said person is the father of the child ; and
a statutory declaration made by that person acknowledging himself to be the father of the child."
If on the registration under Part I of the said Act of 1953 of the birth of an illegitimate child no person has been entered in the register as the father, the registrar may re-register the birth so as to show a person as the father— but no birth shall be re-registered as aforesaid except with the authority of the Registrar General and any such re-registration shall be effected in such manner as may be prescribed.
at the joint request of the mother and of that person (in which case the mother and that person shall both sign the register in the presence of the registrar); or
at the request of the mother on production of—
a declaration in the prescribed form made by the mother stating that the person in question is the father of the child ; and
a statutory declaration made by that person acknowledging himself to be the father of the child ;
A request under paragraph (a) or (b) of section 10 of the said Act of 1953 as amended by subsection (1) of this section may be included in a declaration under section 9 of that Act (registration of birth pursuant to a declaration made in another district) and, if a request under the said paragraph (b) is included in such a declaration, the documents mentioned in that paragraph shall be produced to the officer in whose presence the declaration is made and sent by him, together with the declaration, to the registrar.
A request under paragraph (a) or (b) of subsection (2) of this section may, instead of being made to the registrar, be made by making and signing in the presence of and delivering to such officer as may be prescribed a written statement in the prescribed form and, in the case of a request under the said paragraph (b), producing to that officer the documents mentioned in that paragraph, and the officer shall send the statement together with the documents, if any, to the registrar; and thereupon that subsection shall have effect as if the request had been made to the registrar and, if the birth is re-registered pursuant to the request, the person or persons who signed the statement shall be treated as having signed the register as required by that subsection.
This section shall be construed as one with the said Act of 1953 ; and in section 14(1)(a) of that Act (re-registration of birth of legitimated person) the reference to section 10 of that Act shall include a reference to subsection (2) of this section.
This Act may be cited as the Family Law Reform Act 1969.
Except where the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment, including this Act.
This Act shall come into force on such date as the Lord Chancellor may appoint by order made by statutory instrument, and different dates may be appointed for the coming into force of different provisions.
In this Act— but, save as aforesaid, this Act shall extend to England and Wales only.
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section 2, so far as it amends any provision of . . . the Marriage with Foreigners Act 1906, has the same extent as that provision;
sections . . . 6(7), so far as they affect Part II of the Maintenance Orders Act 1950, extend to Scotland and Northern Ireland;
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section 11, so far as it relates to the Employers and Workmen Act 1875, extends to Scotland;
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section 19 extends to Scotland;
Section 1(3).
Short title Section Subject matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c. 18. The Settled Land Act 1925. Section 102(5). Management of land during minority. c. 19. The Trustee Act 1925. Section 31(1)(ii), (2)(i)(a) and (b). Power to apply income for maintenance and to accumulate surplus income during a minority. c. 20. The Law of Property Act 1925. Section 134(1). Restriction on executory limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c. 46. The Hypnotism Act 1952. Section 3. Persons under 21 not to be hypnotised at public entertainment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Title Provision Subject matter . . . . . . . . . . . .
Section 1(4).
The Regency Acts 1937 to 1953.
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Section 1(4).
In this Schedule “the principal section ” means section 1 of this Act and “the commencement date ” means the date on which that section comes into force. Subsection (7) of the principal section shall apply for the purposes of this Schedule as it applies for the purposes of that section.
Any order or directions in force immediately before the commencement date by virtue of— shall have effect as if any reference therein to the infant’s attaining the age of twenty-one were a reference to his attaining the age of eighteen or, in relation to a person who by virtue of the principal section attains full age on the commencement date, to that date.
any rules of court or other statutory provision (including, in particular, section 174 of the County Courts Act 1959) relating to the control of money recovered by or otherwise payable to an infant in any proceedings; or
section 19 of the Administration of Justice Act 1965 (control of money recovered by widow in fatal accident proceedings which are also brought for the benefit of an infant),
Any order in force immediately before the commencement date— which is expressed to continue in force until the person who is the subject of the order attains the age of twenty-one, or any age between eighteen and twenty-one, shall have effect as if the reference to his attaining that age were a reference to his attaining the age of eighteen or, in relation to a person who by virtue of the principal section attains full age on the commencement date, to that date. This paragraph is without prejudice to so much of any order as makes provision for the maintenance or education of a person after he has attained the age of eighteen.
The principal section shall not prevent the making of an adoption order or provisional adoption order under the Adoption Act 1958 in respect of a person who has attained the age of eighteen if the application for the order was made before the commencement date, and in relation to any such case that Act shall have effect as if the principal section had not been enacted.
The principal section shall not affect section 31 of the Trustee Act 1925— In any case in which (whether by virtue of this paragraph or paragraph 9 of this Schedule) trustees have power under subsection (1)(i) of the said section 31 to pay income to the parent or guardian of any person who has attained the age of eighteen, or to apply it for or towards the maintenance, education or benefit of any such person, they shall also have power to pay it to that person himself.
The principal section shall not affect the meaning of “minority ” in sections 33(3) and 39(1) of the Administration of Estates Act 1925 in the case of a beneficiary whose interest arises under a will or codicil made before the commencement date or on the death before that date of an intestate (within the meaning of that Act).
The change, by virtue of the principal section, in the construction of— (which lay down permissible periods for the accumulation of income under settlements and other dispositions) shall not invalidate any direction for accumulation in a settlement or other disposition made by a deed, will or other instrument which was made before the commencement date.
sections 164 to 166 of the Law of Property Act 1925;
section 13(1) of the Perpetuities and Accumulations Act 1964,
The change, by virtue of the principal section, in the construction of section 31(2) of the Limitation Act 1939 (limitation in case of person under disability) shall not affect the time for bringing proceedings in respect of a cause of action which arose before the commencement date.
The principal section shall not affect the construction of any statutory provision where it is incorporated in and has effect as part of any deed, will or other instrument the construction of which is not affected by that section.
Act not in force at Royal Assent see s. 28(3); Act wholly in force at 1.3.1972 Unreliable sidenote For extent of this Act see s. 28(4) S. 2: see s. 28(4)(b) S. 2(1)(a) repealed by Foreign Marriage (Amendment) Act 1988 (c. 44, SIF 49:1), s. 7(2), Sch. S. 2(2) repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11) Words in s. 2(3) repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 para. 37, Sch. 16; S.I. 2000/2698, art. 2, Sch. Words in s. 2(3) inserted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 55 (with Sch. 2) S. 4 repealed by Guardianship of Minors Act 1971 (c. 3), Sch. 2 S. 5(1) repealed by Inheritance (Provision for Family and Dependants) Act 1975 (c. 63, SIF 116:1), s. 26(2), Sch. (with a saving in s. 26(3) in relation to applications made with reference to a death before 1.4.1976) S. 5(2) repealed by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 89(2)(b), Sch. 3 S. 5(3) repealed by Matrimonial Proceedings and Property Act 1970 (c. 45), Sch. 3 S. 6 repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch.20; S.I. 1991/1883, art. 3, Sch. S. 7 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 100(1), 108(7), Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art.3(2) S. 10(1)(2) omitted (1.4.2012) by virtue of Sovereign Grant Act 2011 (c. 15), s. 15(1), Sch. 1 para. 20 S. 13 repealed by Northern Ireland Constitution Act 1973 (c. 36), s. 41(1), Sch. 6 Pt. I S. 14repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(2)(4), 34(5), Sch. 3 paras. 1, 6, 8, Sch. 4 S. 15repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(2)(4), 34(5), Sch. 3 paras. 1, 6, 9, Sch. 4 S. 16 repealed (with saving) by Administration of Justice Act 1982 (c. 53, SIF 116:5), ss. 73(6), 75, Sch. 9 Pt. I S. 17 repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 20, 33(2)(4), 34(5), Sch. 3 paras. 1, 6, 10, Sch. 4 S. 18repealed by Inheritance (Provision for Family and Dependants) Act 1975 (c. 63, SIF 116:1), s. 26(2), Sch. (with a saving in s. 26(3) in relation to applications made with reference to a death before 1.4.1976) S. 19 repealed (so far as it relates to s. 2 of Married Women's Policies of Assurance Scotland Act 1880) by Married Women's Policies of Assurance (Scotland) (Amendment) Act 1980 (c. 56, SIF 49:6), s. 5 S. 19(2) repealed (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 7 (with Sch. 5) Words in s. 19(3) repealed (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 7 (with Sch. 5) S. 20(1) substituted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 23; S.I. 2001/777, art. 2 S. 20(1A) substituted (1.4.2001) for subsections (1A) and (1B) by 2000 c. 19, s. 82(2)(a) (with s. 83(6)); S.I. 2001/774, art. 2 S. 20(2)(2A) substituted (1.4.2001) for s. 20(2) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 23; S.I. 2001/777, art. 2 Word in s. 20(2) substituted (1.4.2001) by 1987 c. 42, s. 23(1); S.I. 2001/777, art. 2 (as substituted (1.4.2001) by 2000 c. 19, s. 83, Sch. 8 para. 9(a) (with s. 83(6)); S.I. 2001/774, art. 2) Words in s. 20(2A) substituted (1.4.2001) by 1987 c. 42, s. 23(1); S.I. 2001/777, art. 2 (as substituted (1.4.2001) by 2000 c. 19, s. 83, Sch. 8 para. 9(b) (with s. 83(6)); S.I. 2001/774, art. 2) Words in s. 20(4) substituted (1.4.2001) by 2000 c. 19, s. 82(2)(c) (with s. 83(6)); S.I. 2001/774, art. 2 Words in s. 20(5) substituted (1.4.2001) by 2000 c. 19, s. 82(2)(d)(i) (with s. 83(6)); S.I. 2001/774, art. 2 Words in s. 20(5) substituted (1.4.2001) by 2000 c. 19, s. 82(2)(d)(ii) (with s. 83(6)); S.I. 2001/774, art. 2 Words in s. 20(5) inserted (1.4.2001) by 2000 c. 19, s. 82(2)(d)(iii) (with s. 83(6)); S.I. 2001/774, art. 2 Words in s. 20(6) substituted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 21; S.I. 2001/777, art. 2 Words substituted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 22; S.I. 2001/777, art. 2 S. 21(3)(a)(b) substituted (1.4.2001) for words in s. 21(3) by 2000 c. 19, s. 82(3) (with s. 83(6)); S.I. 2001/774, art. 2 S. 21(4) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 15 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d) Words in s. 22(1) substituted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 23(2); S.I. 2001/777, art. 2 Words in s. 22(1) substituted (1.4.1992) by S.I. 1992/709, art. 3(2), Sch. 2 (with art. 5(2)) Words in s. 22(1)(a) substituted (1.4.2001) by 2000 c. 19, s. 82(4)(a) (with s. 83(6)); S.I. 2001/774, art. 2 S. 22(1)(aa) inserted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 23(3); S.I. 2001/777, art. 2 Words in s. 22(1)(d) inserted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 23(4); S.I. 2001/777, art. 2 S. 22(1)(e) substituted (1.4.2001) by 2000 c. 19, s. 82(4)(b) (with s. 83(6)); S.I. 2001/774, art. 2 S. 22(1)(j) inserted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 23(5); S.I. 2001/777, art. 2 Word in s. 23(2) substituted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 24(a); S.I. 2001/777, art. 2 Words in s. 23(3) substituted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 24(b); S.I. 2001/777, art. 2 Words in s. 24 substituted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 25; S.I. 2001/777, art. 2 Definition in s. 25 substituted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 23(2)(a); S.I. 2001/777, art. 2 Words in s. 25 added (1.8.1991) by Human Fertilisation and Embryology Act 1990 (c. 37, SIF 83:1), s. 49(5), Sch. 4 para. 1 (with ss. 39(3), 43(2)); S.I. 1991/1400, art. 2(2) Word in s. 25 substituted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 13(a); S.I. 2009/479, art. 6(1)(d) (with art. 7, Sch.) Words in s. 25 inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 13(b); S.I. 2009/479, art. 6(1)(d) (with art. 7, Sch.) Definition in s. 25 inserted (1.4.2001) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 23(2)(b); S.I. 2001/777, art. 2 S. 27repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(2)(4), Sch. 4 S. 28(4)(a) repealed by British Nationality Act 1981 (c. 61, SIF 87), s. 53(2), Sch. 9 Words repealed by Foreign Marriage (Amendment) Act 1988 (c. 44, SIF 49:1), s. 7(2), Sch. Words repealed by Guardianship of Minors Act 1971 (c. 3), Sch. 2 S. 28(4)(d) omitted (1.4.2012) by virtue of Sovereign Grant Act 2011 (c. 15), s. 15(1), Sch. 1 para. 21 S. 28(4)(f) repealed by Northern Ireland Constitution Act 1973 (c. 36), s. 41(1), Sch. 6 Pt. I Entries in Sch. 1 Pt. I repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. VIII. Entry relating to the Friendly Societies Act 1886 (c. 25), s. 36 repealed by Friendly Societies Act 1974 (c. 46), s.116(4), Sch. 11 Entry relating to Supreme Court of Judicature (Consolidation) Act 1925 (c. 49), s. 165(1) repealed by Supreme Court Act 1981 (c. 54, SIF 37), s. 152(4), Sch. 7 Entry relating to British Nationality Act 1948 (c. 56, SIF 87), s. 32(1)(9) repealed by British Nationality Act 1981 (c. 61, SIF 87), s. 53(2), Sch. 9 Entry relating to Customs and Excise Act 1952 (c. 44), s. 244(2)(a) repealed by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), s. 177(3), Sch. 6 Pt. I Entries relating to the Sexual Offences Act 1956 and the Mental Health Act 1959 repealed by Guardianship Act 1973 (c. 29, SIF 49:9), s. 9, Sch. 3 and entries relating to the Mental Health Act 1959 are also expressed to be repealed by Mental Health Act 1983 (c. 20, SIF 85), s. 134, Sch. 6 Entry relating to County Courts Act 1959 (c. 22) repealed by County Courts Act 1984 (c. 28, SIF 34), ss. 148(3), 149(3), Sch. 4 Entry relating to the Building Societies Act 1962 (c. 37) repealed by Building Societies Act 1986 (c. 53, SIF 16), s. 120, Sch. 19 Pt. I Sch. 1 entry repealed (1.9.2007) by Gambling Act 2005 (c. 19), s. 358(1), Sch. 17 (with ss. 352, 354); S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11 arts. 7-12 Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.) Words in Sch. 1 repealed (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 7 (with Sch. 5) Sch. 1 Pt.II, except the entry relating to the Government Stock Regulations 1965, repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.VIII. Sch. 1 Pt. 2 entry omitted (1.7.2004) by virtue of The Government Stock (Consequential and Transitional Provision) (No. 2) Order 2004 (S.I. 2004/1662), art. 1, Sch. paras. 1, 18 (with art. 3) Words repealed by Representation of the People Act 1983 (c. 2, SIF 42), ss. 204, 205, 206, Sch. 9 Pt. I Words in Sch. 2 para. 2 repealed (1.1.2007 for E.W.S. and 7.2.2007 for N.I.) by Electoral Administration Act 2006 (c. 22), s. 77(2), Sch. 1 para. 103, Sch. 2; S.I. 2006/3412, art. 3, Sch. 1 para. 14(bb)(iv)(cc)(iii) (with art. 6, Sch. 2 para. 1); S.I. 2007/230, art. 2 Words in Sch. 2 para. 2 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.VIII. Sch. 2 para. 3 repealed by Finance Act 1969 (c. 32), s. 16(1), Sch. 21 Pt. IV Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3 S. 1 applied by Finance Act 1969 (c. 32), s. 16(1) The text of ss. 2(1), 19(2), Sch. 1 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991 S. 9 excluded by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), s. 259(9) The text of ss. 2(2), 10(3), 11(b)(c), 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 The text of ss. 2(2), 10(3), 11(b)(c), 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 The text of ss. 2(1), 19(2), Sch. 1 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991 S. 20 excluded by Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18), s. 44(1) The text of ss. 2(1), 19(2), Sch. 1 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991 1906 c. 40. 1949 c. 76. 1857 c. 26. 1918 c. 58 (7 & 8 Geo. V). 1925 c. 23. 1863 c. 49. 1855 c. 43. 1925 c. 18. 1875 c. 90. 1956 c. 69. 1882 c. 75. 1880 c. 26. 1986 c.55 (49:7). 1987 c.42(47:7). 1906 c. 40. 1950 c. 37. 1875 c. 90. 1959 c. 22. 1965 c. 2. 1886 c. 27. 1925 c. 45. 1965 c. 72. 1958 c. 5 (7 & 8 Eliz. 2). 1925 c. 19. 1925 c. 23. 1925 c. 20. 1964 c. 55. 1939 c. 21. S. 28(3): power exercised by S.I. 1969/1140 and 1971/1857 An Act to amend the law relating to the age of majority, to persons who have not attained that age and to the time when a particular age is attained; to amend the law relating to the property rights of illegitimate children and of other persons whose relationship is traced through an illegitimate link; to make provision for the use of blood tests for the purpose of determining the paternity of any person in civil proceedings; to make provision with respect to the evidence required to rebut a presumption of legitimacy and illegitimacy; to make further provision, in connection with the registration of the birth of an illegitimate child, for entering the name of the father; and for connected purposes.
As from the date on which this section comes into force a person shall attain full age on attaining the age of eighteen instead of on attaining the age of twenty-one; and a person shall attain full age on that date if he has then already attained the age of eighteen but not the age of twenty-one.
The foregoing subsection applies for the purposes of any rule of law, and, in the absence of a definition or of any indication of a contrary intention, for the construction of “full age ”, “infant ”, “infancy ”, “minor ”, “minority ” and similar expressions in—
any statutory provision, whether passed or made before, on or after the date on which this section comes into force; and
any deed, will or other instrument of whatever nature (not being a statutory provision) made on or after that date.
In the statutory provisions specified in Schedule 1 to this Act for any reference to the age of twenty-one years there shall be substituted a reference to the age of eighteen years; but the amendment by this subsection of the provisions specified in Part II of that Schedule shall be without prejuduce to any power of amending or revoking those provisions.
This section does not affect the construction of any such expression as is referred to in subsection (2) of this section in any of the statutory provisions described in Schedule 2 to this Act, and the transitional provisions and savings contained in Schedule 3 to this Act shall have effect in relation to this section.
The Lord Chancellor may by order made by statutory instrument amend any provision in any local enactment passed on or before the date on which this section comes into force (not being a provision described in paragraph 2 of Schedule 2 to this Act) by substituting a reference to the age of eighteen years for any reference therein to the age of twenty-one years; and any statutory instrument containing an order under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “statutory provision ” means any enactment (including, except where the context otherwise requires, this Act) and any order, rule, regulation, byelaw or other instrument made in the exercise of a power conferred by any enactment.
Notwithstanding any rule of law, a will or codicil executed before the date on which this section comes into force shall not be treated for the purposes of this section as made on or after that date by reason only that the will or codicil is confirmed by a codicil executed on or after that date.
In the following enactments, that is to say— for the words “twenty-one years ” there shall be substituted the words “eighteen years ”.
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paragraph 2(c) of Part I of the Schedule to the Marriage with Foreigners Act 1906 (persons under 21 seeking certificate to swear that necessary consents have been obtained);
section 78(1) of the Marriage Act 1949 (definition of “infant ” as person under the age of 21),
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for the words " the county court of the district in which any respondent resides " there shall be substituted the words " the county court of the district in which any applicant or respondent resides "; and
after the words " or a court of summary jurisdiction " there shall be inserted the words " having jurisdiction in the place in which any applicant or respondent resides ".
Where for the purpose of obtaining a certificate . . . for marriage or marriage schedule under Part III of the said Act of 1949 a person declares that the consent of any person or persons whose consent to the marriage is required under the said section 3 has been obtained, the superintendent registrar may refuse to issue the certificate . . . for marriage or marriage schedule unless satisfied by the production of written evidence that the consent of that person or of those persons has in fact been obtained.
In this section any expression which is also used in the said Act of 1949 has the same meaning as in that Act.
In the following enactments, that is to say— in their application to wills made after the coming into force of this section, for the words “twenty-one years ” there shall be substituted the words “eighteen years ”.
section 7 of the Wills Act 1837 (invalidity of wills made by persons under 21);
sections 1 and 3(1) of the Wills (Soldiers and Sailors) Act 1918 (soldier etc. eligible to make will and dispose of real property although under 21),
In section 47(1)(i) of the Administration of Estates Act 1925 (statutory trusts on intestacy), in its application to the estate of an intestate dying after the coming into force of this section, for the words “twenty-one years ” in both places where they occur there shall be substituted the words “eighteen years ”.
Any will which— may be revoked by that person notwithstanding that he is still under that age whether or not the circumstances are then such that he would be entitled to make a valid will under those provisions.
has been made, whether before or after the coming into force of this section, by a person under the age of eighteen; and
is valid by virtue of the provisions of section 11 of the said Act of 1837 and the said Act of 1918,
In this section “will ” has the same meaning as in the said Act of 1837 and “intestate ” has the same meaning as in the said Act of 1925.
An order under section 3(2), 5(4) or 6 of the Guardianship of Infants Act 1925 for the payment of sums towards the maintenance or education of a minor may require such sums to continue to be paid in respect of any period after the date on which he ceases to be a minor but not extending beyond the date on which he attains the age of twenty-one; and any order which is made as aforesaid may provide that any sum which is payable thereunder for the benefit of a person who has ceased to be a minor shall be paid to that person himself.
Subject to subsections (3) and (4) of this section, where a person who has ceased to be a minor but has not attained the age of twenty-one has, while a minor, been the subject of an order under any of the provisions of the Guardianship of Infants Acts 1886 and 1925, the court may, on the application of either parent of that person or of that person himself, make an order requiring either parent to pay to the other parent, to anyone else for the benefit of that person or to that person himself, in respect of any period not extending beyond the date when he attains the said age, such weekly or other periodical sums towards his maintenance or education as the court thinks reasonable having regard to the means of the person on whom the requirement is imposed.
No order shall be made under subsection (2) of this section, and no liability under such an order shall accrue, at a time when the parents of the person in question are residing together, and if they so reside for a period of three months after such an order has been made it shall cease to have effect.
No order shall be made under subsection (2) of this section requiring any person to pay any sum towards the maintenance or education of an illegitimate child of that person.
Subsection (2) of this section shall be construed as one with the said Acts of 1886 and 1925, and—
any order under that subsection, or under any corresponding enactment of the Parliament of Northern Ireland, shall be included among the orders to which section 16 of the Maintenance Orders Act 1950 applies;
any order under that subsection shall be included among the orders mentioned in section 2(1)(d) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 and be deemed to be a maintenance order within the meaning of the Maintenance Orders Act 1958.
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in subsection (1)(c) of that Act for the words " infant son " there shall be substituted the words " a son who has not attained the age of twenty-one years ";
in subsection (2)(c) of that Act for the words " in the case of an infant son, his attaining the age of twenty-one years " there shall be substituted the words " in the case of a son who has not attained the age of twenty-one years, his attaining that age ".
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any application for an order under subsection (2) or (3) of section 7 of that Act directing that payments shall be made under the affiliation order for any period after he has attained that age may be made by the child himself; and
the child himself shall be the person entitled to any payments directed by an order under that section to be so made for any such period as aforesaid.
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in subsection (2) of the said section 22 for the words " any infant child of the marriage in question and any infant illegitimate child of both parties to the marriage " there shall be substituted the words " any child of the marriage who is under twenty-one and any illegitimate child of both parties to the marriage who is under that age ";
in the said section 35(1) after the words " any child to whom that subsection applies " there shall be inserted the words " who is under eighteen ", and at the end there shall be added the words " and the child is under that age ".
In this section " the court" means any of the following courts in the exercise of its jurisdiction relating to the wardship of children, that is to say, the High Court, the Court of Chancery of the County Palatine of Lancaster and the Court of Chancery of the County Palatine of Durham, and " ward of court" means a ward of the court in question.
Subject to the provisions of this section, the court may make an order— such weekly or other periodical sums towards the maintenance and education of the ward as the court thinks reasonable having regard to the means of the person or persons on whom the requirement is imposed.
requiring either parent of a ward of court to pay to the other parent; or
requiring either parent or both parents of a ward of court to pay to any other person having the care and control of the ward,
An order under subsection (2) of this section may require such sums as are mentioned in that subsection to continue to be paid in respect of any period after the date on which the person for whose benefit the payments are to be made ceases to be a minor but not beyond the date on which he attains the age of twenty-one, and any order made as aforesaid may provide that any sum which is payable thereunder for the benefit of that person after he has ceased to be a minor shall be paid to that person himself.
Subject to the provisions of this section, where a person who has ceased to be a minor but has not attained the age of twenty-one has at any time been the subject of an order making him a ward of court, the court may, on the application of either parent of that person or of that person himself, make an order requiring either parent to pay to the other parent, to anyone else for the benefit of that person or to that person himself, in respect of any period not extending beyond the date when he attains the said age, such weekly or other periodical sums towards his maintenance or education as the court thinks reasonable having regard to the means of the person on whom the requirement in question is imposed.
No order shall be made under this section, and no liability under such an order shall accrue, at a time when the parents of the ward or former ward, as the case may be, are residing together, and if they so reside for a period of three months after such an order has been made it shall cease to have effect; but the foregoing provisions of this subsection shall not apply to any order made by virtue of subsection (2)(b) of this section.
No order shall be made under this section requiring any person to pay any sum towards the maintenance or education of an illegitimate child of that person.
Any order under this section, or under any corresponding enactment of the Parliament of Northern Ireland, shall be included among the orders to which section 16 of the Maintenance Orders Act 1950 applies; and any order under this section shall be included among the orders mentioned in section 2(1)(d) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 and be deemed to be a maintenance order within the meaning of the Maintenance Orders Act 1958.
The court shall have power from time to time by an order under this section to vary or discharge any previous order thereunder.
In this section " the court" means any of the following courts in the exercise of its jurisdiction relating to the wardship of children, that is to say, the High Court, the Court of Chancery of the County Palatine of Lancaster and the Court of Chancery of the County Palatine of Durham, and " ward of court " means a ward of the court in question.
Where it appears to the court that there are exceptional circumstances making it impracticable or undesirable for a ward of court to be, or to continue to be, under the care of either of his parents or of any other individual the court may, if it thinks fit, make an order committing the care of the ward to a local authority; and thereupon Part II of the Children Act 1948 (which relates to the treatment of children in the care of a local authority) shall, subject to the next following subsection, apply as if the child had been received by the local authority into their care under section 1 of that Act.
In subsection (2) of this section " local authority " means one of the local authorities referred to in subsection (1) of section 36 of the Matrimonial Causes Act 1965 (under which a child may be committed to the care of a local authority by a court having jurisdiction to make an order for its custody); and subsections (2) to (6) of that section (ancillary provisions) shall have effect as if any reference therein to that section included a reference to subsection (2) of this section.
Where it appears to the court that there are exceptional circumstances making it desirable that a ward of court (not being a ward who in pursuance of an order under subsection (2) of this section is in the care of a local authority) should be under the supervision of an independent person, the court may, as respects such period as the court thinks fit, order that the ward be under the supervision of a welfare officer or of a local authority; and subsections (2) and (3) of section 37 of the said Act of 1965 (ancillary provisions where a child is placed under supervision by a court having jurisdiction to make an order for its custody) shall have effect as if any reference therein to that section included a reference to this subsection.
The court shall have power from time to time by an order under this section to vary or discharge any previous order thereunder.
The consent of a minor who has attained the age of sixteen years to any surgical, medical or dental treatment which, in the absence of consent, would constitute a trespass to his person, shall be as effective as it would be if he were of full age; and where a minor has by virtue of this section given an effective consent to any treatment it shall not be necessary to obtain any consent for it from his parent or guardian.
In this section “surgical, medical or dental treatment ” includes any procedure undertaken for the purposes of diagnosis, and this section applies to any procedure (including, in particular, the administration of an anaesthetic) which is ancillary to any treatment as it applies to that treatment.
Nothing in this section shall be construed as making ineffective any consent which would have been effective if this section had not been enacted.
The time at which a person attains a particular age expressed in years shall be the commencement of the relevant anniversary of the date of his birth.
This section applies only where the relevant anniversary falls on a date after that on which this section comes into force, and, in relation to any enactment, deed, will or other instrument, has effect subject to any provision therein.
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section 2(2)(b) of that Act (which relates to the three years during which the Duke is over 18 but under 21); and
in section 2(2)(a) of that Act the words " for each year whilst he is under the age of eighteen years",
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In section 38 of the Duchy of Cornwall Management Act 1863 (under which certain rights and powers of the Duke of Cornwall may, while he is under 21, be exercised on his behalf by the Sovereign or persons acting under Her authority) for the words “twenty-one years ” wherever they occur there shall be substituted the words “eighteen years ”.
The following enactments are hereby repealed—
the Infant Settlements Act 1855 (which enables a male infant over 20 and a female infant over 17 to make a marriage settlement), together with section 27(3) of the Settled Land Act 1925, except in relation to anything done before the coming into force of this section;
in section 6 of the Employers and Workmen Act 1875 (powers of justices in respect of apprentices)—
the paragraph numbered (1) (power to direct apprentice to perform his duties), and
the sentence following the paragraph numbered (2) (power to order imprisonment of an apprentice who fails to comply with direction);
in the Sexual 0ffences Act 1956, section 18 and paragraph 5 of Schedule 2 (fraudulent abduction of heiress).
A person who is not of full age may be described as a minor instead of as an infant, and accordingly in this Act “minor ” means such a person as aforesaid.
Where either parent of an illegitimate child dies intestate as respects all or any of his or her real or personal property, the illegitimate child or, if he is dead, his issue, shall be entitled to take any interest therein to which he or such issue would have been entitled if he had been born legitimate.
Where an illegitimate child dies intestate in respect of all or any of his real or personal property, each of his parents, if surviving, shall be entitled to take any interest therein to which that parent would have been entitled if the child had been born legitimate.
In accordance with the foregoing provisions of this section, Part IV of the Administration of Estates Act 1925 (which deals with the distribution of the estate of an intestate) shall have effect as if—
any reference to the issue of the intestate included a reference to any illegitimate child of his and to the issue of any such child ;
any reference to the child or children of the intestate included a reference to any illegitimate child or children of his ; and
in relation to an intestate who is an illegitimate child, any reference to the parent, parents, father or mother of the intestate were a reference to his natural parent, parents, father or mother.
For the purposes of subsection (2) of this section and of the provisions amended by subsection (3)(c) thereof, an illegitimate child shall be presumed not to have been survived by his father unless the contrary is shown.
This section does not apply to or affect the right of any person to take any entailed interest in real or personal property.
The reference in section 50(1) of the said Act of 1925 (which relates to the construction of documents) to Part IV of that Act, or to the foregoing provisions of that Part, shall in relation to an instrument inter vivos made, or a will or codicil coming into operation, after the coming into force of this section (but not in relation to instruments inter vivos made or wills or codicils coming into operation earlier) be construed as including references to this section.
Section 9 of the Legitimacy Act 1926 (under which an illegitimate child and his issue are entitled to succeed on the intestacy of his mother if she leaves no legitimate issue, and the mother of an illegitimate child is entitled to succeed on his intestacy as if she were the only surviving parent) is hereby repealed.
In this section " illegitimate child " does not include an illegitimate child who is—
a legitimated person within the meaning of the said Act of 1926 or a person recognised by virtue of that Act or at common law as having been legitimated; or
an adopted person under an adoption order made in any part of the United Kingdom, the Isle of Man or the Channel Islands or under an overseas adoption as defined in section 4(3) of the Adoption Act 1968.
This section does not affect any rights under the intestacy of a person dying before the coming into force of this section.
In any disposition made after the coming into force of this section—
any reference (whether express or implied) to the child or children of any person shall, unless the contrary intention appears, be construed as, or as including, a reference to any illegitimate child of that person; and
any reference (whether express or implied) to a person or persons related in some other manner to any person shall, unless the contrary intention appears, be construed as, or as including, a reference to anyone who would be so related if he, or some other person through whom the relationship is deduced, had been born legitimate.
The foregoing subsection applies only where the reference in question is to a person who is to benefit or to be capable of benefiting under the disposition or, for the purpose of designating such a person, to someone else to or through whom that person is related; but that subsection does not affect the construction of the word " heir " or " heirs " or of any expression which is used to create an entailed interest in real or personal property.
In relation to any disposition made after the coming into force of this section, section 33 of the Trustee Act 1925 (which specifies the trusts implied by a direction that income is to be held on protective trusts for the benefit of any person) shall have effect as if—
the reference to the children or more remote issue of the principal beneficiary included a reference to any illegitimate child of the principal beneficiary and to anyone who would rank as such issue if he, or some other person through whom he is descended from the principal beneficiary, had been born legitimate; and
the reference to the issue of the principal beneficiary included a reference to anyone who would rank as such issue if he, or some other person through whom he is descended from the principal beneficiary, had been born legitimate.
In this section references to an illegitimate child include references to an illegitimate child who is or becomes a legitimated person within the meaning of the Legitimacy Act 1926 or a person recognised by virtue of that Act or at common law as having been legitimated; and in section 3 of that Act—
subsection (1)(b) (which relates to the effect of dispositions where a person has been legitimated) shall not apply to a disposition made after the coming into force of this section except as respects any interest in relation to which the disposition refers only to persons who are, or whose relationship is deduced through, legitimate persons; and
subsection (2) (which provides that, where the right to any property depends on the relative seniority of the children of any person, legitimated persons shall rank as if born on the date of legitimation) shall not apply in relation to any right conferred by a disposition made after the coming into force of this section unless the terms of the disposition are such that the children whose relative seniority is in question cannot include any illegitimate children who are not either legitimated persons within the meaning of that Act or persons recognised by virtue of that Act as having been legitimated.
Where under any disposition any real or personal property or any interest in such property is limited (whether subject to any preceding limitation or charge or not) in such a way that it would, apart from this section, devolve (as nearly as the law permits) along with a dignity or title of honour, then, whether or not the disposition contains an express reference to the dignity or title of honour, and whether or not the property or some interest in the property may in some event become severed therefrom, nothing in this section shall operate to sever the property or any interest therein from the dignity or title, but the property or interest shall devolve in all respects as if this section had not been enacted.
This section is without prejudice to sections 16 and 17 of the Adoption Act 1958 (which relate to the construction of dispositions in cases of adoption).
There is hereby abolished, as respects dispositions made after the coming into force of this section, any rule of law that a disposition in favour of illegitimate children not in being when the disposition takes effect is void as contrary to public policy.
In this section " disposition " means a disposition, including an oral disposition, of real or personal property whether inter vivos or by will or codicil; and, notwithstanding any rule of law, a disposition made by will or codicil executed before the date on which this section comes into force shall not be treated for the purposes of this section as made on or after that date by reason only that the will or codicil is confirmed by a codicil executed on or after that date.
In relation to a testator who dies after the coming into force of this section, section 33 of the Wills Act 1837 (gift to children or other issue of testator not to lapse if they predecease him but themselves leave issue) shall have effect as if—
the reference to a child or other issue of the testator (that is, the intended beneficiary) included a reference to any illegitimate child of the testator and to anyone who would rank as such issue if he, or some other person through whom he is descended from the testator, had been born legitimate; and
the reference to the issue of the intended beneficiary included a reference to anyone who would rank as such issue if he, or some other person through whom he is descended from the intended beneficiary, had been born legitimate.
In this section "illegitimate child " includes an illegitimate child who is a legitimated person within the meaning of the Legitimacy Act 1926 or a person recognised by virtue of that Act or at common law as having been legitimated.
section 14 of this Act so far as it confers any interest on illegitimate children or their issue or on the father of an illegitimate child ; or
section 15 or 16 of this Act,
For the purposes of the Inheritance (Family Provision) Act 1938, a person's illegitimate son or daughter shall be treated as his dependant in any case in which a legitimate son or daughter of that person would be so treated, and accordingly in the definition of the expressions " son" and " daughter " in section 5(1) of that Act, as amended by the Family Provision Act 1966, after the words "respectively include " there shall be inserted the words " an illegitimate son or daughter of the deceased ".
In section 26(6) of the Matrimonial Causes Act 1965 (which provides, among other things, for the word " dependant" to have the same meaning as in the said Act of 1938 as amended by the said Act of 1966), after the words " as amended by the Family Provision Act 1966 " there shall be inserted the words " and the Family Law Reform Act 1969 ".
This section does not affect the operation of the said Acts of 1938 and 1965 in relation to a person dying before the coming into force of this section.
In section 11 of the Married Women’s Property Act 1882 and section 2 of the Married Women’s Policies of Assurance (Scotland) Act 1880 (policies of assurance effected for the benefit of children) the expression “ children ” shall include illegitimate children.
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Subsection (1) of this section does not affect the operation of the said Acts of 1882 and 1880 in relation to a policy effected before the coming into force of that subsection; ...
In any civil proceedings in which the parentage of any person falls to be determined, the court may, either of its own motion or on an application by any party to the proceedings, give a direction— and the court may at any time revoke or vary a direction previously given by it under this subsection.
for the use of scientific tests to ascertain whether such tests show that a party to the proceedings is or is not the father or mother of that person; and
for the taking, within a period specified in the direction, of bodily samples from all or any of the following, namely, that person, any party who is alleged to be the father or mother of that person and any other party to the proceedings;
The individual carrying out scientific tests in pursuance of a direction under subsection (1) above shall make to the court a report in which he shall state— and the report shall be received by the court as evidence in the proceedings of the matters stated in it.
the results of the tests;
whether any party to whom the report relates is or is not excluded by the results from being the father or mother of the person whose parentage is to be determined; and
in relation to any party who is not so excluded, the value, if any, of the results in determining whether that party is the father or mother of that person;
Tests required by a direction under this section may only be carried out by a body which has been accredited for the purposes of this section by—
the Lord Chancellor, or
a body appointed by him for the purpose.
A report under subsection (2) of this section shall be in the form prescribed by regulations made under section 22 of this Act.
Where a report has been made to a court under subsection (2) of this section, any party may, with the leave of the court, or shall, if the court so directs, obtain from the tester a written statement explaining or amplifying any statement made in the report, and that statement shall be deemed for the purposes of this section (except subsection (3) thereof) to form part of the report made to the court.
Where the proceedings in which the parentage of any person falls to be determined are proceedings on an application under section 55A or56 of the Family Law Act 1986, any reference in subsection (1) or (2) of this section to any party to the proceedings shall include a reference to any person named in the application.
Where a direction is given under this section in any proceedings, a party to the proceedings, unless the court otherwise directs, shall not be entitled to call as a witness the tester, or anyother person by whom any thing necessary for the purpose of enabling those tests to be carried out was done, unless within fourteen days after receiving a copy of the report he serves notice on the other parties to the proceedings, or on such of them as the court may direct, of his intention to call the tester or that other person; the tester or any such person is called as a witness the party who called him shall be entitled to cross-examine him.
Where a direction is given under this section the party on whose application the direction is given shall pay the cost of taking and testing bodily samples for the purpose of giving effect to the direction (including any expenses reasonably incurred by any person in taking any steps required of him for the purpose), and of making a report to the court under this section, but the amount paid shall be treated as costs incurred by him in the proceedings.
Subject to the provisions of subsections (3) and (4) of this section, a bodily sample which is required to be taken from any person for the purpose of giving effect to a direction under section 20 of this Act shall not be taken from that person except with his consent.
The consent of a minor who has attained the age of sixteen years to the taking from himself of a bodily sample shall be as effective as it would be if he were of full age; and where a minor has by virtue of this subsection given an effective consent to the taking of a bodily sample it shall not be necessary to obtain any consent for it from any other person.
A bodily sample may be taken from a person under the age of sixteen years, not being such a person as is referred to in subsection (4) of this section,.
if the person who has the care and control of him consents; or
where that person does not consent, if the court considers that it would be in his best interests for the sample to be taken.
A bodily sample may be taken from a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to give his consent, if consent is given by the court giving the direction under section 20 or by— with power in that respect.
a donee of an enduring power of attorney or lasting power of attorney (within the meaning of that Act), or
a deputy appointed, or any other person authorised, by the Court of Protection,
The foregoing provisions of this section are without prejudice to the provisions of section 23 of this Act.
The Lord Chancellor may by regulations make provision as to the manner of giving effect to directions under section 20 of this Act and, in particular, any such regulations may—
provide that bodily samples shall not be taken except by registered medical practitioners or members of suchprofessional bodies as may be prescribed by the regulations;
regulate the taking, identification and transport of bodily samples;
prescribe the bodily samples to be taken;
require the production at the time when a bodily sample is to be taken of such evidence of the identity of the person from whom it is to be taken as may be prescribed by the regulations;
require any person from whom a bodily sample is to be taken, or, in such cases as may be prescribed by the regulations, such other person as may be so prescribed, to state in writing whether he or the person from whom the sample is to be taken, as the case may be, has during such period as may be specified in the regulations suffered from any such illness or condition or undergone any such treatment as may be so specified or received a transfusion of blood;
prescribe conditions which a body must meet in order to be eligible for accreditation for the purposes of section 20 of this Act;
prescribe the scientific tests to be carried out and the manner in which they are to be carried out;
regulate the charges that may be made for the taking and testing of bodily samples and for the making of a report to a court under section 20 of this Act;
make provision for securing that so far as practicable the bodily samples to be tested for the purpose of giving effect to a direction under section 20 of this Act are tested by the same person;
prescribe the form of the report to be made to a court under section 20 of this Act.
make different provision for different cases or for different descriptions of case.
The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Where a court gives a direction under section 20 of this Act and any person fails to take any step required of him for the purpose of giving effect to the direction, the court may draw such inferences, if any, from that fact as appear proper in the circumstances.
Where in any proceedings in which the paternity of any person falls to be determined by the court hearing the proceedings there is a presumption of law that that person is legitimate, then if— the court may adjourn the hearing for such period as it thinks fit to enable that party to take that step, and if at the end of that period he has failed without reasonable cause to take it the court may, without prejudice to subsection (1) of this section, dismiss his claim for relief notwithstanding the absence of evidence to rebut the presumption.
a direction is given under section 20 of this Act in those proceedings, and
any party who is claiming any relief in the proceedings and who for the purpose of obtaining that relief is entitled to rely on the presumption fails to take any step required of him for the purpose of giving effect to the direction,
Where any person named in a direction under section 20 of this Act fails to consent to the taking of a blood sample from himself or from any person named in the direction of whom he has the care and control, he shall be deemed for the purposes of this section to have failed to take a step required of him for the purpose of giving effect to the direction.
If for the purpose of providing a bodily sample for a test required to give effect to a direction under section 20 of this Act any person personates another, or proffers a child knowing that it is not the child named in the direction, he shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding two years, or
on summary conviction, to a fine not exceeding £400.
In this Part of this Act the following expressions have the meanings hereby respectively assigned to them, that is to say—
" blood samples " means blood taken for the purpose of blood tests;
“ bodily sample ” means a sample of bodily fluid or bodily tissue taken for the purpose of scientific tests;
" blood tests " means blood tests carried out under this Part of this Act and includes any test made with the object of ascertaining the inheritable characteristics of blood;
“excluded ” means excluded subject to the occurrence of mutation to section 27 of the Family Law Reform Act 1987 , to sections 27 to 29 of the Human Fertilisation and Embryology Act 1990 and to sections 33 to 47 of the Human Fertilisation and Embryology Act 2008.
" excluded " means excluded subject to the occurrence of mutation.
“ scientific tests ” means scientific tests carried out under this Part of this Act and made with the object of ascertaining the inheritable characteristics of bodily fluids or bodily tissue.
Any presumption of law as to the legitimacy or illegitimacy of any person may in any civil proceedings be rebutted by evidence which shows that it is more probable than not that that person is illegitimate or legitimate, as the case may be, and it shall not be necessary to prove that fact beyond reasonable doubt in order to rebut the presumption.
In section 10 of the Births and Deaths Registration Act 1953 (which provides that the registrar shall not enter the name of any person as the father of an illegitimate child except at the joint request of the mother and the person acknowledging himself to be the father and requires that person to sign the register together with the mother) for the words from " except " onwards there shall be substituted the words " except—
at the joint request of the mother and the person acknowledging himself to be the father of the child (in which case that person shall sign the register together with the mother); or
at the request of the mother on production of—
a declaration in the prescribed form made by the mother stating that the said person is the father of the child ; and
a statutory declaration made by that person acknowledging himself to be the father of the child."
If on the registration under Part I of the said Act of 1953 of the birth of an illegitimate child no person has been entered in the register as the father, the registrar may re-register the birth so as to show a person as the father— but no birth shall be re-registered as aforesaid except with the authority of the Registrar General and any such re-registration shall be effected in such manner as may be prescribed.
at the joint request of the mother and of that person (in which case the mother and that person shall both sign the register in the presence of the registrar); or
at the request of the mother on production of—
a declaration in the prescribed form made by the mother stating that the person in question is the father of the child ; and
a statutory declaration made by that person acknowledging himself to be the father of the child ;
A request under paragraph (a) or (b) of section 10 of the said Act of 1953 as amended by subsection (1) of this section may be included in a declaration under section 9 of that Act (registration of birth pursuant to a declaration made in another district) and, if a request under the said paragraph (b) is included in such a declaration, the documents mentioned in that paragraph shall be produced to the officer in whose presence the declaration is made and sent by him, together with the declaration, to the registrar.
A request under paragraph (a) or (b) of subsection (2) of this section may, instead of being made to the registrar, be made by making and signing in the presence of and delivering to such officer as may be prescribed a written statement in the prescribed form and, in the case of a request under the said paragraph (b), producing to that officer the documents mentioned in that paragraph, and the officer shall send the statement together with the documents, if any, to the registrar; and thereupon that subsection shall have effect as if the request had been made to the registrar and, if the birth is re-registered pursuant to the request, the person or persons who signed the statement shall be treated as having signed the register as required by that subsection.
This section shall be construed as one with the said Act of 1953 ; and in section 14(1)(a) of that Act (re-registration of birth of legitimated person) the reference to section 10 of that Act shall include a reference to subsection (2) of this section.
This Act may be cited as the Family Law Reform Act 1969.
Except where the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment, including this Act.
This Act shall come into force on such date as the Lord Chancellor may appoint by order made by statutory instrument, and different dates may be appointed for the coming into force of different provisions.
In this Act— but, save as aforesaid, this Act shall extend to England and Wales only.
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section 2, so far as it amends any provision of . . . the Marriage with Foreigners Act 1906, has the same extent as that provision;
sections . . . 6(7), so far as they affect Part II of the Maintenance Orders Act 1950, extend to Scotland and Northern Ireland;
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section 11, so far as it relates to the Employers and Workmen Act 1875, extends to Scotland;
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section 19 extends to Scotland;
Section 1(3).
Short title Section Subject matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c. 18. The Settled Land Act 1925. Section 102(5). Management of land during minority. c. 19. The Trustee Act 1925. Section 31(1)(ii), (2)(i)(a) and (b). Power to apply income for maintenance and to accumulate surplus income during a minority. c. 20. The Law of Property Act 1925. Section 134(1). Restriction on executory limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c. 46. The Hypnotism Act 1952. Section 3. Persons under 21 not to be hypnotised at public entertainment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Title Provision Subject matter . . . . . . . . . . . .
Section 1(4).
The Regency Acts 1937 to 1953.
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Section 1(4).
In this Schedule “the principal section ” means section 1 of this Act and “the commencement date ” means the date on which that section comes into force. Subsection (7) of the principal section shall apply for the purposes of this Schedule as it applies for the purposes of that section.
Any order or directions in force immediately before the commencement date by virtue of— shall have effect as if any reference therein to the infant’s attaining the age of twenty-one were a reference to his attaining the age of eighteen or, in relation to a person who by virtue of the principal section attains full age on the commencement date, to that date.
any rules of court or other statutory provision (including, in particular, section 174 of the County Courts Act 1959) relating to the control of money recovered by or otherwise payable to an infant in any proceedings; or
section 19 of the Administration of Justice Act 1965 (control of money recovered by widow in fatal accident proceedings which are also brought for the benefit of an infant),
Any order in force immediately before the commencement date— which is expressed to continue in force until the person who is the subject of the order attains the age of twenty-one, or any age between eighteen and twenty-one, shall have effect as if the reference to his attaining that age were a reference to his attaining the age of eighteen or, in relation to a person who by virtue of the principal section attains full age on the commencement date, to that date. This paragraph is without prejudice to so much of any order as makes provision for the maintenance or education of a person after he has attained the age of eighteen.
The principal section shall not prevent the making of an adoption order or provisional adoption order under the Adoption Act 1958 in respect of a person who has attained the age of eighteen if the application for the order was made before the commencement date, and in relation to any such case that Act shall have effect as if the principal section had not been enacted.
The principal section shall not affect section 31 of the Trustee Act 1925— In any case in which (whether by virtue of this paragraph or paragraph 9 of this Schedule) trustees have power under subsection (1)(i) of the said section 31 to pay income to the parent or guardian of any person who has attained the age of eighteen, or to apply it for or towards the maintenance, education or benefit of any such person, they shall also have power to pay it to that person himself.
The principal section shall not affect the meaning of “minority ” in sections 33(3) and 39(1) of the Administration of Estates Act 1925 in the case of a beneficiary whose interest arises under a will or codicil made before the commencement date or on the death before that date of an intestate (within the meaning of that Act).
The change, by virtue of the principal section, in the construction of— (which lay down permissible periods for the accumulation of income under settlements and other dispositions) shall not invalidate any direction for accumulation in a settlement or other disposition made by a deed, will or other instrument which was made before the commencement date.
sections 164 to 166 of the Law of Property Act 1925;
section 13(1) of the Perpetuities and Accumulations Act 1964,
The change, by virtue of the principal section, in the construction of section 31(2) of the Limitation Act 1939 (limitation in case of person under disability) shall not affect the time for bringing proceedings in respect of a cause of action which arose before the commencement date.
The principal section shall not affect the construction of any statutory provision where it is incorporated in and has effect as part of any deed, will or other instrument the construction of which is not affected by that section.