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Family Law Legislation
Bloomsbury Professional
Publisher:
Bloomsbury Professional
Copyright:
2023 Bloomsbury Professional
Law As Stated At:
25 April 2023
Family Law Legislation
The full, consolidated text of the principal UK Law Family Acts
Last update: 25 April 2023
GO
Contents
Contents
Expand All
Collapse All
Close section
Abortion Act 1967
1: Medical termination of pregnancy.
2: Notification.
3: Application of Act to visiting forces etc.
4: Conscientious objection to participation in treatment.
5: Supplementary provisions.
6: Interpretation.
7: Short title, commencement and extent.
Close section
Access to Medical Reports Act 1988
1: Right of access.
2: Interpretation.
3: Consent to applications for medical reports for employment or insurance purposes.
4: Access to reports before they are supplied.
5: Consent to supplying of report and correction of errors.
6: Retention of reports.
7: Exemptions.
8: Application to the court.
9: Notifications under this Act.
10: Short title, commencement and extent.
Close section
Access to Health Records Act 1990
Close section
Preliminary [ss.1-2]
1: “Health record” and related expressions.
2: Health professionals.
Close section
Main provisions [ss.3-7]
3: Right of access to health records.
4: Cases where right of access may be wholly excluded.
5: Cases where right of access may be partially excluded.
6: Correction of inaccurate health records.
7: Duty of health service bodies etc. to take advice.
Close section
Supplemental [ss.8-12]
8: Applications to the court.
9: Avoidance of certain contractual terms.
10: Regulations and orders.
11: Interpretation.
12: Short title, commencement, and extent.
Close section
Administration of Justice Act 1960
Close section
Appeal to House of Lords in Criminal Cases [ss.1-10]
1: Right of appeal.
2: Application for leave to appeal.
3: Special provisions as to capital cases.
4: Admission of appellant to bail.
5: Power to order detention or admission to bail of defendant.
5A: Power to order continuation of community treatment order
6: Computation of sentence where bail granted.
7: …
8: …
9: Procedure.
10: …
Close section
Contempt of court, habeas corpus and certiorari [ss.11-16]
11: …
12: Publication of information relating to proceedings in private.
13: Appeal in cases of contempt of court.
14: Procedure on application for habeas corpus.
15: Appeal in habeas corpus proceedings.
16: …
Close section
Supplementary [ss.17-20]
17: Interpretation.
18: Provisions as to Northern Ireland.
19: Minor and consequential amendments and repeals.
20: Short title and extent.
FIRST SCHEDULE: …
Close section
SECOND SCHEDULE: Modifications of Act in relation to Northern Ireland
Part I: General Modifications
Part II: Specific Modifications
THIRD SCHEDULE: …
FOURTH SCHEDULE: …
Close section
Adoption Act 1976
Close section
Part I: The Adoption Service [ss.1-11]
The Adoption Service [ss.1-2]
Adoption societies [ss.3-5]
Welfare of children [ss.6-7]
Supplemental [ss.8-11]
Close section
Part II: Adoption Orders [ss.12-26]
The making of adoption orders [ss.12-17]
Freeing for adoption [ss.18-21]
Supplemental [ss.22-26]
Close section
Part III: Care and Protection of Children Awaiting Adoption [ss.27-37]
Restrictions on removal of children [ss.27-31]
Protected children [ss.32-37]
Close section
Part IV: Status of Adopted Children [ss.38-49]
38: Meaning of “adoption” in Part IV.
39: Status conferred by adoption.
40: …
41: Adoptive relatives.
42: Rules of construction for instruments concerning property.
43: Dispositions depending on date of birth.
44: Property devolving with peerages etc.
45: Protection of trustees and personal representatives.
46: Meaning of “disposition”.
47: Miscellaneous enactments.
48: Pensions.
49: Insurance.
Close section
Part V: Registration and Revocation of Adoption Orders andConvention Adoptions [ss.50-54]
50: Adopted Children Register.
51: Disclosure of birth records of adopted children.
51A: Adoption Contact Register.
52: Revocation of adoptions on legitimation.
53: Annulment etc. of overseas adoptions.
54: Provisions supplementary to ss. 52(3) and 53.
Close section
Part VI: Miscellaneous and Supplemental [ss.55-74]
55: Adoption of children abroad.
56: Restriction on removal of children for adoption outside Great Britain.
56A: Restriction on bringing children into the United Kingdom
57: Prohibition on certain payments.
57A: Permitted allowances.
58: Restriction on advertisements.
58A: Information concerning adoption.
59: Effect of determination and orders made in Scotland and overseas in adoption proceedings.
60: Evidence of adoption in Scotland and Northern Ireland.
61: Evidence of agreement and consent.
62: Courts.
63: Appeals etc.
64: Proceedings to be in private.
65: Duties of officers of the Service
65A: …
66: Rules of procedure.
67: Orders, rules and regulations.
68: Offences by bodies corporate.
69: Services of notices etc.
70: Nationality.
71: Internal law of a country.
72: Interpretation.
73: Transitional provisions, amendments and repeals.
74: Short title, commencement and extent.
Schedule 1: Registration of Adoptions
Close section
Schedule 2: Transitional Provisions and Savings
Rights relating to property
Schedule 3: Consequential Amendments
Schedule 4: Repeals
Close section
Adoption and Children Act 2002
Arrangement of sections
Close section
Part 1: Adoption [ss.1-110]
Chapter 1: Introductory [s.1]
Close section
Chapter 2: The Adoption Service [ss.2-17]
The Adoption Service [ss.2-8]
Regulations [ss.9-12]
Supplemental [ss.13-17]
Close section
Chapter 3: Placement for adoption and adoption orders [ss.18-65]
Placement of children by adoption agency for adoption [ss.18-29]
Removal of children who are or may be placed by adoption agencies [ss.33-35]
Removal of children in non-agency cases [ss.36-40]
Breach of restrictions on removal [s.41]
Preliminaries to adoption [ss.42-45]
The making of adoption orders [ss.46-51]
Post-adoption contact [ss.51A-51B]
Placement and adoption: general [ss.52-55]
Disclosure of information in relation to a person's adoption [ss.56-63]
Chapter 4: Status of Adopted Children [ss.66-76]
Close section
Chapter 5: The Registers [ss.77-82]
Adopted Children Register etc. [ss.77-79]
Adoption Contact Register [ss.80-81]
General [s.82]
Close section
Chapter 6: Adoptions with a foreign element [ss.83-91A]
Bringing children into and out of the United Kingdom [ss.83-86]
Overseas adoptions
Miscellaneous [ss.88-91]
91A: Power to charge
Close section
Chapter 7: Miscellaneous [ss.92-110]
Restrictions [ss.92-97]
Information [s.98]
Proceedings [ss.99-101]
The Children and Family Court Advisory and Support Service [ss.102-103]
Evidence [s.104]
Scotland, Northern Ireland and the Islands [ss.105-108]
General [ss.109-110]
Close section
Part 2: Amendments of the Children Act 1989 [ss.111-122]
111: Parental responsibility of unmarried father
112: Acquisition of parental responsibility by step-parent
113: Section 8 orders: local authority foster parents
114: Residence orders: extension to age of 18
115: Special guardianship
116: Accommodation of children in need etc.
117: Inquiries by local authorities into representations
118: Review of cases of looked after children
119: Advocacy services
120: Meaning of “harm” in the 1989 Act
121: Care plans
122: Interests of children in proceedings
Close section
Part 3: Miscellaneous and final provisions [ss.123-150]
Chapter 1: Miscellaneous [ss.123-139]
Chapter 2: Final provisions [ss.140-150]
Close section
Schedule 1 [PROSPECTIVE]: Registration of adoptions
Registration of adoption orders
Registration of adoptions in Scotland, Northern Ireland, the Isle of Man and the Channel Islands
Registration of other adoptions
Amendment of orders and rectification of Registers and other records
Marking of entries on re-registration of birth on legitimation
Cancellations in registers on legitimation
Schedule 2: Disclosure of birth records by Registrar General
Close section
Schedule 3: Minor and consequential amendments
The Marriage Act 1949 (c. 76)
The Births and Deaths Registration Act 1953 (c. 20)
The Sexual Offences Act 1956 (c. 69)
The Health Services and Public Health Act 1968 (c. 46)
The Local Authority Social Services Act 1970 (c. 42)
The Immigration Act 1971 (c. 77)
The Legitimacy Act 1976 (c. 31)
The Adoption Act 1976 (c. 36)
…
…
The Magistrates' Courts Act 1980 (c. 43)
The Mental Health Act 1983 (c. 20)
The Child Abduction Act 1984 (c. 37)
…
The Child Abduction and Custody Act 1985 (c. 60)
The Family Law Act 1986 (c. 55)
The Family Law Reform Act 1987 (c. 42)
The Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))
The Children Act 1989 (c. 41)
The Human Fertilisation and Embryology Act 1990 (c. 37)
The Courts and Legal Services Act 1990 (c. 41)
The Child Support Act 1991 (c. 48)
The Children (Scotland) Act 1995 (c. 36)
The Family Law Act 1996 (c. 27)
…
…
The Protection of Children Act 1999 (c. 14)
The Adoption (Intercountry Aspects) Act 1999 (c. 18)
…
The Criminal Justice and Court Services Act 2000 (c. 43)
Close section
Schedule 4 [PROSPECTIVE]: Transitional and transitory provisions and savings
General rules for continuity
General rule for old savings
…
…
…
Pending applications for freeing orders
Freeing orders
Pending applications for adoption orders
Notification of adoption applications
…
…
Status
Registration of adoptions
The Child Abduction Act 1984 (c. 37)
The Courts and Legal Services Act 1990 (c. 41)
The Children (Scotland) Act 1995 (c. 36)
Schedule 5 [PROSPECTIVE]: Repeals
Schedule 6: Glossary
Close section
Adoption (Intercountry Aspects) Act 1999
Close section
Implementation of Convention [ss.1-2]
1: Regulations giving effect to Convention.
2: Central Authorities and accredited bodies.
Close section
Convention adoptions [ss.3-8]
3: Convention adoption orders.
4: Effect of Convention adoptions in England and Wales.
5: Effect of Convention adoptions in Scotland.
6: Annulment of Convention adoptions etc.
7: Acquisition of British citizenship by Convention adoptions.
8: Meaning of “Convention adoption” and related expressions in 1976 and 1978 Acts.
Close section
Intercountry adoptions [ss.9-13]
9: Adoption Service to include intercountry adoptions etc.
10: Approval of adoption societies to provide intercountry adoption services. [PROSPECTIVE]
11: Six months residence required for certain intercountry adoptions.
12: Registration of certain intercountry adoptions.
13: Construction of certain references in 1976 and 1978 Acts.
Close section
Miscellaneous and supplemental [ss.14-18]
14: Restriction on bringing children into the United Kingdom for adoption.
15: Amendments and repeals.
16: Devolution.
17: Savings for adoptions etc. under 1965 Convention.
18: Short title, interpretation, commencement and extent.
Close section
Schedule 1: Convention on Protection of Children and Co-operation in respect of Intercountry Adoption
Chapter I [PROSPECTIVE]: Scope of the Convention
Chapter II [PROSPECTIVE]: Requirements for Intercountry Adoptions
Chapter III [PROSPECTIVE]: Central Authorities and Accredited Bodies
Chapter IV [PROSPECTIVE]: Procedural Requirements in Intercountry Adoption
Chapter V [PROSPECTIVE]: Recognition and Effects of the Adoption
Chapter VI [PROSPECTIVE]: General Provisions
Close section
Schedule 2: Minor and consequential amendments
Local Authority and Social Services Act 1970 (c.42)
Immigration Act 1971 (c.77)
Adoption Act 1976 (c.36)
Adoption (Scotland) Act 1978 (c.28)
Family Law Act 1986 (c.55)
Schedule 3: Repeals
Close section
Births and Deaths Registration Act 1953
Close section
Part I: Registration of Births [ss.1-14A]
1: Particulars of births to be registered.
2: Information concerning birth to be given to registrar within forty-two days.
2A: Information concerning birth of child whose parents are not married
2B: Duties of unmarried mother when acting alone
2C: Confirmation of parentage information given by mother
2D: Declaration before registration by person claiming to be other parent
2E: Use of scientific tests with consent of parties
3: Information concerning finding of new-born child to be given to registrar within forty-two days.
3A: Registration of births of abandoned children.
4: Registrar's power to require information concerning birth.
5: Registration of births free of charge.
6: …
7: Registration after twelve months from date of birth.
8: Penalty for improper registration after 12 months from date of birth.
9: Giving of information to a person other than the registrar.
10: Registration of father or of second female parent where parents not married or civil partners
10ZA: Registration of father or second female parent by virtue of certain provisions of Human Fertilisation and Embryology Act 2008
10A: Re-registration where parents neither married nor civil partners
10B: Re-registration after sole registration: information provided by other parent and confirmed by mother
10C: Re-registration after sole registration: information provided by mother and confirmed by other parent
11: Special provision as to registration of still-birth.
12: Certificate of registration of birth.
13: Registration of name of child or of alteration of name.
14: Re-registration of births of legitimated persons.
14A: Re-registration after declaration of parentage.
Close section
Part II: Registration of Deaths [ss.15-24]
15: Particulars of deaths to be registered.
16: Information concerning death in a house.
17: Information concerning other deaths.
18: Notice preliminary to information of death.
19: Registrar's power to require information concerning death.
20: Registration of death free of charge.
21: Registration of death after twelve months.
22: Certificates of cause of death.
23: Furnishing of information by coroner.
23A: Giving of information concerning a death to a person other than the registrar
24: Certificates as to registration of death.
Close section
Part III: General [ss.25-44]
Registers, certified copies, etc. [ss.25-29A]
Searches and Certificates [ss.30-34A]
Offences [ss.35-38]
Miscellaneous [ss.38A-44]
Close section
FIRST SCHEDULE: Consequential Amendments of other Enactments
B. The Births and Deaths Registration Act, 1926 (16 & 17 Geo.5. c.88)
The Legitimacy Act, 1926 (16 & 17 Geo. 5. c.60)
SECOND SCHEDULE:
Close section
Care Standards Act 2000
Close section
Part I: Introductory [ss.1-10]
Preliminary [ss.1-4]
Registration authorities [ss.5-10]
Close section
Part II: Establishments and agencies [ss.11-42]
Registration [ss.11-16]
Registration procedure [ss.17-21]
Regulations and standards [ss.22-23]
Offences [ss.24-30]
Penalty notices [ss.30ZA-30ZB]
Miscellaneous and supplemental [ss.30A-42]
Close section
Part III: Local Authority Services [ss.43-53]
43: Introductory.
44: General powers of the Commission.
45: Inspection by registration authority of adoption and fostering services.
46: Inspections: supplementary.
47: Action following inspection.
48: Regulation of the exercise of relevant fostering functions.
49: National minimum standards.
50: Annual returns.
51: Annual fee.
52: Contravention of regulations.
53: Offences: general provisions.
Close section
Part IV: Social care workers [ss.54-71]
Preliminary [ss.54-55]
Registration [ss.56-61]
Codes of practice [s.62]
Training [ss.63-67A]
Miscellaneous and supplemental [ss.68-71]
Close section
Part V: The Children's Commissioner for Wales [ss.72-78]
72: Children's Commissioner for Wales.
72A: Principal aim of the Commissioner
72B: Review of exercise of functions of Welsh Ministers and other persons
73: Review and monitoring of arrangements.
74: Examination of cases.
75: Obstruction etc.
75ZA: Working with other Commissioners
75ZB: Working jointly with the Public Services Ombudsman for Wales
75ZC: Working jointly with the Public Services Ombudsman for Wales
75A: Additional power of consideration and representation
76: Further functions.
77: Restrictions.
78: Interpretation.
Close section
Part VI: Child minding and day care [s.79]
79: Amendment of Children Act 1989.
Close section
Part VII: Protection of children and vulnerable adults [ss.80-104]
Protection of vulnerable adults [ss.80-93]
The list kept under section 1 of the 1999 Act [ss.94-99]
Restrictions on working with children in independent schools [ss.100-102]
General [ss.103-104]
Close section
Part VIII: Miscellaneous [ss.105-112]
Boarding schools and colleges [ss.105-109]
Fostering [s.110]
Employment agencies [s.111]
Charges for local authority welfare services [s.112]
Close section
Part IX: General and supplemental [ss.113-123]
Chapter I: General [ss.113-117]
Chapter II: Supplemental [ss.118-123]
Schedule 1: The Welsh Council
Close section
Schedule 2: The Children's Commissioner for Wales
Status
Appointment and tenure of office
Remuneration
Staff
General powers
Estimates
Accounts
Reports
Audit
Accounting officer
Examinations into use of resources
Examinations by the Comptroller and Auditor General
Evidence
Payments
General
Schedule 2A: Persons subject to review by the Commissioner under section 72B.
Schedule 2B: Persons whose arrangements are subject to review by the Commissioner under section 73.
Schedule 3: Child minding and day care for young children
Close section
Schedule 4: Minor and consequential amendments
National Assistance Act 1948 (c.29)
Mental Health Act 1959 (c.72)
Children and Young Persons Act 1969 (c.54)
Local Authority Social Services Act 1970 (c.42)
Adoption Act 1976 (c.36)
Adoption (Scotland) Act 1978 (c.28)
Magistrates' Court Act 1980 (c. 43)
Limitation Act 1980 (c.58)
Mental Health Act 1983 (c.20)
Public Health (Control of Disease) Act 1984 (c.22)
Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33)
Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I.22)) [PROSPECTIVE]
Income and Corporation Taxes Act 1988 (c.40)
Children Act 1989 (c.41)
National Health Service and Community Care Act 1990 (c.19)
Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c.25)
Criminal Justice Act 1991 (c.53)
Water Industry Act 1991 (c.56)
Local Government Finance Act 1992 (c.14)
Tribunals and Inquiries Act 1992 (c.53)
Criminal Justice and Public Order Act 1994 (c.33) [PROSPECTIVE]
Children (Scotland) Act 1995 (c.36)
Education Act 1996 (c.56)
Police Act 1997 (c.50)
Protection of Children Act 1999 (c.14)
Adoption (Intercountry Aspects) Act 1999 (c.18)
Powers of Criminal Courts (Sentencing) Act 2000 (c.6)
Amendments of local Acts
Close section
Schedule 5: Transitional provisions and savings
Fostering agencies
Voluntary adoption agencies
Children's Commissioner for Wales
Schedule 6: Repeals
Close section
Children Act 1989
Arrangement of sections
Close section
Part I: Introductory [ss.1-7]
1: Welfare of the child.
2: Parental responsibility for children.
3: Meaning of “parental responsibility”.
4: Acquisition of parental responsibility by father.
4ZA: Acquisition of parental responsibility by second female parent
4A: Acquisition of parental responsibility by step-parent
5: Appointment of guardians.
6: Guardians: revocation and disclaimer.
7: Welfare reports.
Close section
Part II: Orders With Respect To Children In Family Proceedings [ss.8-16A]
General [ss.8-14]
Special guardianship [ss.14A-14G]
Financial relief [s.15]
Family assistance orders [ss.16-16A]
Close section
Part III: SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND [ss.16B-30A]
Application to local authorities in England [ss.16B]
Provision of services for children and their families: Wales [ss.17-19]
Provision of accommodation for children [ss.20-21]
Duties of local authorities in relation to children looked after by them [ss.22-22G]
Educational achievement of previously looked after children [s.23ZZA]
Visiting [ss.23ZA-23ZB]
Advice and assistance for certain children and young persons [ss.23A-23CA]
Personal advisers and pathway plans [ss.23D-24D]
Secure accommodation [s.25]
Independent reviewing officers [ss.25A-30A]
Close section
Part IV: Care and Supervision [ss.31-42]
General [ss.31-32]
Care orders [ss.33-34]
Supervision orders [ss.35-36]
Powers of court [ss.37-40]
Guardians ad litem [ss.41-42]
Close section
Part V: Protection of Children [ss.43-52]
43: Child assessment orders.
44: Orders for emergency protection of children.
44A: Power to include exclusion requirement in emergency protection order.
44B: Undertakings relating to emergency protection orders.
45: Duration of emergency protection orders and other supplemental provisions.
46: Removal and accommodation of children by police in cases of emergency.
47: Local authority's duty to investigate.
48: Powers to assist in discovery of children who may be in need of emergency protection.
49: Abduction of children in care etc.
50: Recovery of abducted children etc.
51: Refuges for children at risk.
52: Rules and regulations.
Close section
Part VI: Community Homes [ss.53-58]
53: Provision of community homes by local authorities.
54: …
55: Determination of disputes relating to controlled and assisted community homes.
56: Discontinuance by voluntary organisation of controlled or assisted community home.
57: Closure by local authority of controlled or assisted community home.
58: Financial provisions applicable on cessation of controlled or assisted community home or disposal etc. of premises.
Close section
Part VII: Voluntary Homes and Voluntary Organisations [ss.59-62]
59: Provision of accommodation by voluntary organisations.
60: Voluntary homes.
61: Duties of voluntary organisations.
62: Duties of local authorities.
Close section
Part VIII: Registered Children's Homes [ss.63-65A]
63: Private children's homes etc.
64: Welfare of children in children's homes.
65: Persons disqualified from carrying on, or being employed in children's homes.
65A: Appeal against refusal of authority to give consent under section 65.
Close section
Part IX: PRIVATE ARRANGEMENTS FOR FOSTERING CHILDREN [ss.66-70]
66: Privately fostered children.
67: Welfare of privately fostered children.
68: Persons disqualified from being private foster parents.
69: Power to prohibit private fostering.
70: Offences.
Close section
Part X: Child Minding and Day Care for Young Children [ss.71-79]
71: …
72: …
73: …
74: …
75: …
76: …
77: …
78: …
79: …
Close section
Part XA: Child Minding and Day Care for Children in Wales [ss.79A-79X]
Introductory [ss.79A-79B]
Regulations [s.79C]
Registration [ss.79D-79M]
Inspection: England [ss.79N-79R]
Inspection: Wales [ss.79S-79T]
Supplementary [ss.79U-79V]
Checks on suitability of persons working with children over the age of seven [ss.79W]
Time limit for proceedings [s.79X]
Close section
Part XI: Secretary of State's Supervisory Functions and Responsibilities [ss.80-84]
80: Inspection of children's homes etc. by persons authorised by the Appropriate National Authority.
81: Inquiries.
82: Financial support by Secretary of State.
83: Research and returns of information.
84: Local authority failure to comply with statutory duty: default power of Secretary of State.
Close section
Part XII: Miscellaneous and General [ss.85-108]
Notification of children accommodated in certain establishments [ss.85-87D]
Adoption [s.88]
Paternity tests [s.89]
Criminal care and supervision orders [s.90]
Effect and duration of orders etc. [ss.91-91A]
Jurisdiction and procedure etc. [ss.92-101]
Search warrants [s.102]
General [ss.103-108]
Close section
Schedule A1: Enforcement orders
Part 1: Unpaid work requirement
Part 2: Revocation, amendment or breach of enforcement order
Close section
Schedule 1: Financial Provision for Children
Orders for financial relief against parents
Orders for financial relief for persons over eighteen
Duration of orders for financial relief
Matters to which court is to have regard in making orders for financial relief
Provisions relating to lump sums
Variation etc. of orders for periodical payments
Variation of orders for periodical payments etc. made by magistrates' courts
Variation of orders for secured periodical payments after death of parent
Financial relief under other enactments
Interim orders
Alteration of maintenance agreements
Enforcement of orders for maintenance
Direction for settlement of instrument by conveyancing counsel
Jurisdiction in relation to matters relating to maintenance
Local authority contribution to child's maintenance
Interpretation
Close section
Schedule 2: SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND
Application to local authorities in England
Part I: Provision of Services for Families
Part II: Children Looked After By Local Authorities in England
Part III: Contributions Towards Maintenance of Children Looked After by Local Authorities in England
Close section
Schedule 3: Supervision Orders
Part I: General
Part II: Miscellaneous
Part III: Education supervision orders
Close section
Schedule 4: Management and Conduct of Community Homes
Part I: Instruments of Management
Part II: Management of Controlled and Assisted Community Homes
Part III: Regulations
Close section
Schedule 5: Voluntary Homes and Voluntary Organisations
Part I: Registration of Voluntary Homes
Part II: Regulations as to Voluntary Homes
Close section
Schedule 6: Private Children's Homes
Part I: Registration
Part II: Regulations
Close section
Schedule 7: Foster Parents: Limits on Number of Foster Children
Interpretation
The usual fostering limit
Siblings
Exemption by local authority
Effect of exceeding fostering limit
Complaints etc.
Close section
Schedule 8: Privately Fostered Children
Exemptions
Power of local authority to impose requirements
Regulations requiring notification of fostering etc.
Appeals
Extension of Part IX to certain school children during holidays
Prohibition of advertisements relating to fostering
Avoidance of insurances on lives of privately fostered children
Close section
Schedule 9:
Applications for registration
Disqualification from registration
Exemption of certain schools
Exemption for other establishments
Exemption for occasional facilities
Certificates of registration
Fees for annual inspection of premises
Co-operation between authorities
Schedule 9A: Child Minding and Day Care for Young Children in Wales
Close section
Schedule 10: Amendments of Adoption Legislation
Part I: Amendments of Adoption Act 1976 (c. 36)
Part II: Amendments of Adoption (Scotland) Act 1978 (c. 28)
Close section
Schedule 11: Jurisdiction
Part I: General
Part II: Consequential Amendments
Close section
Schedule 12: Minor Amendments
The Custody of Children Act 1891 (c. 3)
The Children and Young Persons Act 1933 (c. 12)
The Education Act 1944 (c. 31)
The Marriage Act 1949 (c. 76)
The Births and Deaths Registration Act 1953 (c. 20)
The Army Act 1955 (c. 18)
The Air Force Act 1955 (c. 19)
The Sexual Offences Act 1956 (c. 69)
The Naval Discipline Act 1957 (c. 53)
The Children and Young Persons Act 1963 (c. 37)
The Children and Young Persons Act 1969 (c. 54)
The Matrimonial Causes Act 1973 (c. 18)
The National Health Service Act 1977 (c. 49)
The Child Care Act 1980 (c. 5)
The Education Act 1981 (c. 60)
The Child Abduction Act 1984 (c. 37)
The Foster Children (Scotland) Act 1984 (c. 56)
The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
The Legal Aid Act 1988 (c. 34)
Close section
Schedule 13: Consequential Amendments
The Wills Act 1837 (c. 26)
The Children and Young Persons Act 1933 (c. 12)
The Education Act 1944 (c. 31)
The National Assistance Act 1948 (c. 29)
The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
The Mines and Quarries Act 1954 (c. 70)
The Administration of Justice Act 1960 (c. 65)
The Factories Act 1961 (c. 34)
The Criminal Justice Act 1967 (c. 80)
The Health Services and Public Health Act 1968 (c. 46)
The Social Work (Scotland) Act 1968 (c. 49)
The Civil Evidence Act 1968 (c. 64)
The Administration of Justice Act 1970 (c. 31)
The Local Authority Social Services Act 1970 (c. 42)
The Chronically Sick and Disabled Persons Act 1970 (c. 44)
The Courts Act 1971 (c. 23)
The Attachment of Earnings Act 1971 (c. 32)
The Tribunals and Inquiries Act 1971 (c. 62)
The Local Government Act 1972 (c. 70)
The Employment of Children Act 1973 (c. 24)
The Domicile and Matrimonial Proceedings Act 1973 (c. 45)
The Powers of Criminal Courts Act 1973 (c. 62)
The Rehabilitation of Offenders Act 1974 (c. 53)
The Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)
The Magistrates' Courts Act 1980 (c. 43)
The Senior Courts Act 1981 (c. 54)
The Armed Forces Act 1981 (c. 55)
The Civil Jurisdiction and Judgments Act 1982 (c. 27)
The Mental Health Act 1983 (c. 20)
The Registered Homes Act 1984 (c. 23)
The Mental Health (Scotland) Act 1984 (c. 36)
The Matrimonial and Family Proceedings Act 1984 (c. 42)
The Police and Criminal Evidence Act 1984 (c. 60)
The Surrogacy Arrangements Act 1985 (c. 49)
The Child Abduction and Custody Act 1985 (c. 60)
The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
The Family Law Act 1986 (c. 55)
The Local Government Act 1988 (c. 9)
Amendments of local Acts
Close section
Schedule 14: Transitionals and Savings
Pending proceedings, etc.
CUSTODY ORDERS, ETC.
The Family Law Reform Act 1987 (c. 42)
GUARDIANS
CHILDREN IN CARE
MISCELLANEOUS
Schedule 15: Repeals
Close section
Children Act 2004
Close section
Part 1: Children's Commissioner [ss.1-9]
1: Establishment
2: Primary function: children's rights, views and interests
2A: United Nations Convention on the Rights of the Child
2B: Involving children in the discharge of the primary function
2C: Primary function: reports
2D: Provision of advice and assistance to certain children in England
2E: Powers to enter premises to conduct interviews or observe standards
2F: Provision of information to Commissioner
3: Inquiries initiated by Commissioner
4: Other inquiries held by Commissioner
5: Functions of Commissioner in Wales
6: Functions of Commissioner in Scotland
7: Functions of Commissioner in Northern Ireland
7A: Advisory board
7B: Business plans
8: Annual reports
8A: Children in England living away from home or receiving social care
9: Commissioner's functions in relation to certain young people
Close section
Part 2: Children's services in England [ss.9A-24]
General [ss.9A-12]
Children's Trust Boards [ss.12A-12D]
Local Safeguarding Children Boards [ss.13-16]
Child Safeguarding Practice Review Panel [ss.16A-16D]
Safeguarding partners for local authority areas [ss.16E-16L]
Child death review partners for local authority areas [ss.16M-16Q]
Local authority administration [ss.17-19]
Inspections of children's services [ss.20-24]
Close section
Part 3: Children's services in Wales [ss.25-34]
General [ss.25-30]
Local Safeguarding Children Boards [ss.31-34]
Close section
Part 4: Advisory and support services for family proceedings [ss.35-43]
CAFCASS functions in Wales [ss.35-41]
Transfers [ss.42-43]
Close section
Part 5: Miscellaneous [ss.44-63]
Private fostering [ss.44-47]
Child minding and day care [ss.48]
Local authority services [ss.49-56]
Other provisions [ss.57-63]
Close section
Part 6: General [ss.64-69]
64: Repeals
65: Interpretation
66: Regulations and orders
67: Commencement
68: Extent
69: Short title
Close section
Schedule 1: Children's Commissioner
Status
General powers
Appointment and tenure of office
Interim appointments
Remuneration
Staff
Pensions
Funding
Accounts
Evidence
Protection from defamation actions
Regulated position
Disqualifications
Close section
Schedule 2: Director of children's services: consequential amendments
Children and Young Persons Act 1933 (c. 12)
Local Authority Social Services Act 1970 (c. 42)
Local Government and Housing Act 1989 (c. 42)
Education Act 1996 (c. 56)
Crime and Disorder Act 1998 (c. 37)
Protection of Children Act 1999 (c. 14)
Criminal Justice and Court Services Act 2000 (c. 43)
Criminal Justice Act 2003 (c. 44)
Close section
Schedule 3: Advisory and support services for family proceedings
Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)
Child Abduction and Custody Act 1985 (c. 60)
Children Act 1989 (c. 41)
Criminal Justice and Court Services Act 2000 (c. 43)
Adoption and Children Act 2002 (c. 38)
Sexual Offences Act 2003 (c. 42)
Close section
Schedule 4: Child minding and day care
Amendments relating to child minding and day care
Amendments relating to day care only
Close section
Schedule 5: Repeals
Part 1: Plans
Part 2: Child minding and day care
Part 3: Inspection of local education authorities
Part 4: Social services committees and departments
Part 5: Reasonable punishment
Part 6: Child safety orders
Close section
Children and Adoption Act 2006
Close section
Part 1: Orders with respect to children in family proceedings [ss.1-8]
Contact with children [ss.1-5]
Family assistance orders [ss.6]
Risk assessments [ss.7]
Transitional provision [ss.8]
Close section
Part 2: Adoptions with a foreign element [ss.9-14]
9: Declaration of special restrictions on adoptions from abroad
10: Review
11: The special restrictions
12: Imposition of extra conditions in certain cases
13: Power to charge
14: Other amendments relating to adoptions from abroad
Close section
Part 3: Miscellaneous and final [ss.15-17]
Miscellaneous provisions [ss.15]
Final provisions [ss.16-17]
Schedule 1: Enforcement orders
Close section
Schedule 2: Minor and consequential amendments
Domicile and Matrimonial Proceedings Act 1973 (c. 45)
Family Law Act 1986 (c. 55)
Children Act 1989 (c. 41)
Family Law Act 1996 (c. 27)
Adoption and Children Act 2002 (c. 38)
Schedule 3: Repeals
Close section
Children and Families Act 2014
Arrangement of sections
Close section
Part 1: Adoption and contact [ss.1-9]
Adoption [ss.1-7]
Contact [ss.8-9]
Close section
Part 2: Family justice [ss.10-18]
10: Family mediation information and assessment meetings
11: Welfare of the child: parental involvement
12: Child arrangements orders
13: Control of expert evidence, and of assessments, in children proceedings
14: Care, supervision and other family proceedings: time limits and timetables
15: Care plans
16: Care proceedings and care plans: regulations: procedural requirements
17: Repeal of restrictions on divorce and dissolution etc where there are children
18: Repeal of uncommenced provisions of Part 2 of the Family Law Act 1996
Close section
Part 3: Children and young people in England with special educational needs or disabilities [ss.19-83]
Local authority functions: general principles [ss.19]
Special educational needs etc [ss.20-21]
Identifying children and young people with special educational needs and disabilities [ss.22-23]
Children and young people for whom a local authority is responsible [ss.24]
Education, health and care provision: integration and joint commissioning [ss.25-26]
Review of education and care provision [ss.27]
Co-operation and assistance [ss.28-29]
Information and advice [ss.30-32]
Mainstream education [ss.33-35]
Assessment [ss.36]
Education, health and care plans [ss.37-50]
Appeals, mediation and dispute resolution [ss.51-60]
Special educational provision: functions of local authorities [ss.61-65]
Special educational provision: functions of governing bodies and others [ss.66-69]
Detained persons [ss.70-75]
Information to improve well-being of children and young people with SEN [ss.76]
Code of practice [ss.77-79]
Supplementary [ss.80-83]
Close section
Part 4: Childcare etc [ss.84-89]
84: Childminder agencies
85: Inspections at request of providers of childcare to young children
86: Repeal of local authority's duty to assess sufficiency of childcare provision
87: Discharge of authority's duty to secure free early years provision
88: Governing bodies: provision of community facilities
89: Childcare costs scheme: preparatory expenditure
Close section
Part 5: Welfare of children [ss.90-106]
Child performances [ss.90]
Tobacco, nicotine products and smoking [ss.91-95]
Young carers and parent carers [ss.96-97]
Staying put arrangements [ss.98]
Educational achievement of looked after children [ss.99]
Pupils with medical conditions [ss.100]
Local authority functions: intervention [ss.101]
Regulation of children's homes etc [ss.102-105]
Free school lunches [ss.106]
Close section
Part 6: The Children's Commissioner [ss.107-116]
107: Primary function of the Children's Commissioner
108: Provision by Commissioner of advice and assistance to certain children
109: Commissioner's powers to enter premises
110: Provision of information to Commissioner
111: Advisory board
112: Business plans
113: Annual reports
114: Children living away from home or receiving social care
115: Children's Commissioner: minor and consequential amendments
116: Repeal of requirement to appoint Children's Rights Director
Close section
Part 7: Statutory rights to leave and pay [ss.117-126]
Shared parental leave [ss.117-118]
Statutory shared parental pay [ss.119-120]
Other statutory rights [ss.121-125]
Further amendments [ss.126]
Close section
Part 8: Time off work: ante-natal care etc [ss.127-130]
127: Time off work to accompany to ante-natal appointments
128: Time off work to attend adoption appointments
129: Right not to be subjected to detriment: agency workers
130: Time off work for ante-natal care: increased amount of award
Close section
Part 9: Right to request flexible working [ss.131-134]
131: Removal of requirement to be a carer
132: Dealing with applications
133: Complaints to employment tribunals
134: Review of sections 131 to 133
Close section
Part 10: General provisions [ss.135-140]
135: Orders and regulations
136: Consequential amendments, repeals and revocations
137: Transitional, transitory or saving provision
138: Financial provision
139: Commencement
140: Short title and extent
Schedule 1: The Adoption and Children Act Register
Close section
Schedule 2: Child arrangements orders: amendments
Part 1: Amendments of the Children Act 1989
Part 2: Amendments in other legislation
Close section
Schedule 3: Special educational needs: consequential amendments
Part 1: Amendments to the Education Act 1996
Part 2: Amendments to other Acts
Close section
Schedule 4: Childminder agencies: amendments
Part 1: The childcare registers
Part 2: Early years childminder agencies
Part 3: Later years childminder agencies
Part 4: Voluntary registration with childminder agency
Part 5: Provisions applying in relation to all childminder agencies
Part 6: Other amendments
Close section
Schedule 5: Children's Commissioner: minor and consequential amendments
Inquiries
Functions of Commissioner: children in Wales, Scotland and Northern Ireland
Young persons
Appointment and tenure of Children's Commissioner
Deputy Children's Commissioner
Close section
Schedule 6: Repeal of requirement to appoint Children's Rights Director: transfer schemes
Staff transfer schemes
Property transfer schemes
The Chief Inspector
Continuity
Supplementary provisions
Interpretation
Close section
Schedule 7: Statutory rights to leave and pay: further amendments
Social Security Act 1989 (c. 24)
Finance Act 1989 (c. 26)
Social Security Contributions and Benefits Act 1992 (c. 4)
Social Security Administration Act 1992 (c. 5)
Employment Rights Act 1996 (c. 18)
Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2)
Finance Act 1999 (c. 16)
Finance Act 2000 (c. 17)
Employment Act 2002 (c. 22)
Proceeds of Crime Act 2002 (c. 29)
Income Tax (Earnings and Pensions) Act 2003 (c. 1)
Commissioners for Revenue and Customs Act 2005 (c. 11)
Work and Families Act 2006 (c. 18)
Income Tax Act 2007 (c. 3)
Welfare Reform Act 2007 (c. 5)
Pensions Act 2008 (c. 30)
Welfare Reform Act 2012 (c. 5)
Close section
Children and Young Persons Act 1933
Close section
Part I: Prevention of Cruelty and Exposure to Moral and Physical Danger [ss.1-17]
Offences [ss.1-12]
Persistent sales of tobacco or nicotine products to persons under 18 [ss.12A-12D]
Special Provisions as to Prosecutions for Offences specified in First Schedule [ss.13-15]
Supplemental [ss.16-17]
Close section
Part II: Employment [ss.18-30]
General Provisions as to Employment [ss.18-21]
Entertainments and Performances [ss.22-24]
Employment Abroad [ss.25-26]
Supplemental [ss.27-30]
Close section
Part III: Protection of Children and Young Persons in relation to Criminal and Summary Proceedings [ss.31-76]
General Provisions as to Preliminary Proceedings [ss.31-35]
General Provisions as to Proceedings in Court [ss.36-39A]
Special Procedure with regard to Offences specified in First Schedule
Principles to be observed by all Courts in dealing with Children and Young Persons [ss.44]
Youth Courts [ss.45-49]
Juvenile Offenders [ss.50-76]
Close section
Part IV: Remand Homes, Approved Schools, and Persons To whose care children and young persons may be committed [ss.77-91]
Remand Homes [ss.77-78]
Approved Schools [ss.79-91]
Close section
Part V: [ss.92-95]
92: …
93: …
94: …
95: …
Close section
Part VI: Supplemental [ss.96-109]
Local Authorities [ss.96-108]
Supplementary Provisions as to Legal Proceedings [ss.99-102]
Supplementary Provisions as to Secretary of State [ss.103-104]
General [ss.105-109]
FIRST SCHEDULES: Offences against Children and Young Persons, with respect to which Special Provisions of this Act apply
Close section
Schedule 1A: Prohibition on publication of certain matters: providers of information society services
…
…
Exceptions for mere conduits
Exception for caching
Exception for hosting
Interpretation
Schedule 2:
Schedule 3:
Close section
Schedule 4: Provisions as to Administration of Approved Schools and Treatment of Persons sent thereto
General Provisions
Treatment of Pupils
Superannuation of Officers
FIFTH SCHEDULE: Transitory Provisions
SIXTH SCHEDULE:
Close section
Children and Young Persons Act 1969
Close section
Part I: Care and other treatment of juveniles through court proceedings [ss.1-34]
Care of children and young persons through juvenile courts [ss.1-3]
Consequential changes in criminal proceedings etc. [ss.4-10]
Supervision [ss.11-19]
Committal to care of local authorities [ss.20-24]
Transfer [ss.25-27]
Detention [ss.28-32]
Conflict of interest between parent and child or young person [ss.32A-33]
Transitional modifications of Part I for persons of specified ages [ss.34]
Close section
Part II: Accommodation etc. for children in care, and foster children [ss.35-59]
Community homes [ss.35-59]
Close section
Part III: Miscellaneous and general [ss.60-73]
60: …
61: …
62: …
63: …
64: …
64A: …
Financial provisions [ss.65-67]
Supplemental [ss.68-73]
Schedule 1: …
Schedule 2: …
Close section
Schedule 3: Approved schools and other institutions
Provisions as to staff
Use of premises as homes for children in care
Financial provisions
Interpretation
Close section
Schedule 4: Transitional provisions and savings
Part I: General
Part II: Interim Provisions Pending Commencement of Provisions of Social Work (Scotland) Act 1968
Close section
Schedule 5: Minor and Consequential Amendments of Enactments
The Act of 1933
The Education Act 1944
The Criminal Justice Act 1948
The Sexual Offences Act 1956
The Affiliation Proceedings Act 1957
The Adoption Act 1958
The Mental Health Act 1959
The Criminal Justice Act 1961.
The Act of 1963
The Criminal Justice Act 1967
The Social Work (Scotland) Act 1968
Schedule 6: Repeals
Schedule 7: …
Close section
Child Abduction Act 1984
Close section
Part I: Offences under Law of England and Wales [ss.1-5]
1: Offence of abduction of child by parent, etc.
2: Offence of abduction of child by other persons.
3: Construction of references to taking, sending and detaining.
4: Penalties and prosecutions.
5: Restriction on prosecutions for offence of kidnapping.
Close section
Part II: Offence under Law of Scotland [ss.6-10]
6: Offence in Scotland of parent, etc. taking or sending child out of United Kingdom.
7: Power of arrest.
8: Penalties and prosecutions.
9: Proof and admissibility of certain documents.
10: Evidence.
Close section
Part III: Supplementary [ss.11-13]
11: Consequential amendments and repeals.
12: Enactment of corresponding provision for Northern Ireland.
13: Short title, commencement and extent.
Close section
SCHEDULE: Modifications of Section 1 for Children in Certain Cases
Children in care of local authorities and voluntary organisations
Children in places of safety
Adoption and custodianship
Cases within paragraphs 1 and 3
Interpretation
Close section
Child Abduction and Custody Act 1985
Close section
Part I: International Child Abduction [ss.1-11]
1: The Hague Convention.
2: Contracting States.
3: Central Authorities.
4: Judicial authorities.
5: Interim powers.
6: Reports.
7: Proof of documents and evidence.
8: Declarations by United Kingdom courts.
9: Suspension of court's powers in cases of wrongful removal.
10: Rules of court.
11: Cost of applications.
Close section
Part II: Recognition and Enforcement of Custody Decisions [ss.12-24A]
12: The European Convention.
13: Contracting States.
14: Central Authorities.
15: Recognition of decisions.
16: Registration of decisions.
17: Variation and revocation of registered decisions.
18: Enforcement of decisions.
19: Interim powers.
20: Suspension of court's powers.
21: Reports.
22: Proof of documents and evidence.
23: Decisions of United Kingdom courts.
24: Rules of court.
24A: Power to order disclosure of child's whereabouts.
Close section
Part III: Supplementary [ss.25-29]
25: Termination of existing custody orders, etc.
26: Expenses.
27: Interpretation.
28: Application as respects British Islands and colonies.
29: Short title, commencement and extent.
Close section
Schedule 1: Convention on the Civil Aspects of International Child Abduction
Chapter I-Scope of the Convention
Chapter II-Central Authorities
Chapter III-Return of Children
Chapter IV-Rights of Access
Chapter V-General Provisions
Close section
Schedule 2: European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children
Article 1
Article 4
Article 5
Article 7
Article 9
Article 10
Article 11
Article 12
Article 13
Article 15
Article 26
Close section
Schedule 3: CUSTODY ORDERS
Part I: England and Wales
Part II: Scotland
Part III: Northern Ireland
Close section
Child Support Act 1991
The basic principles [ss.1-10]
Maintenance assessments [ss.11-13]
Information [ss.14-15A]
Reviews and appeals [ss.16-28]
Decisions and appeals dependent on other cases [ss.78ZA-78ZB]
Cases of error [ss.78ZC-78ZD]
Departure from usual rules for determining maintenance assessments [ss.28A-28C]
Variations [ss.28A-28I]
Voluntary payments [ss.28J]
Collection and enforcement [ss.29-43A]
Jurisdiction [ss.44-45]
Miscellaneous and supplemental [ss.46-58]
Close section
Schedule 1: MAINTENANCE ASSESSMENTS
Part I: CALCULATION OF CHILD SUPPORT MAINTENANCE
[PART I: CALCULATION OF WEEKLY AMOUNT OF CHILD SUPPORT MAINTENANCE
Part II: GENERAL PROVISIONS ABOUT MAINTENANCE ASSESSMENTS MAINTENANCE CALCULATIONS
Schedule 2: PROVISIONS OF INFORMATION TO SECRETARY OF STATE
Schedule 3: CHILD SUPPORT APPEAL TRIBUNALS
Close section
Schedule 4: CHILD SUPPORT COMMISSIONERS FOR NORTHERN IRELAND
Tenure of office
Commissioners' remuneration and their pensions
Commissioners barred from legal practice
Deputy Child Support Commissioners
Close section
Schedule 4A: DEPARTURE DIRECTIONS
Interpretation
Applications for departure directions
Completion of preliminary consideration
Information
Anticipation of change of circumstances
Reviews and departure directions
Subsequent departure directions
Joint consideration of departure applications and appeals
Current assessments which are replaced by fresh assessments
Close section
Schedule 4B: DEPARTURE DIRECTIONS: THE CASES AND CONTROLS
Part I: THE CASES
Part II: REGULATORY CONTROLS
Close section
Schedule 4A: APPLICATIONS FOR A VARIATION
Interpretation
Applications for a variation
Completion of preliminary consideration
Information
Joint consideration of applications for a variation and appeals
Close section
Schedule 4B: APPLICATIONS FOR A VARIATION: THE CASES AND CONTROLS
Part I: THE CASES
Part II: REGULATORY CONTROLS
Schedule 5: CONSEQUENTIAL AMENDMENTS
Close section
Civil Partnership Act 2004
Close section
Part 1: Introduction [ss.1]
1: Civil partnership
Close section
Part 2: Civil partnership: England and Wales
Chapter 1: Registration [ss.2-36]
Chapter 2: Dissolution, nullity and other proceedings [ss.37-64]
Chapter 3: Property and financial arrangements [ss.65-72]
Chapter 4: Civil partnership agreements [ss.73-74]
Chapter 5: Children [ss.75-79]
Chapter 6: Miscellaneous [ss.80-84]
Close section
Part 3: Civil partnership: Scotland [ss.85-136]
Chapter 1: Formation and eligibility [ss.85-86]
Chapter 2: Registration [ss.87-100]
Chapter 3: Occupancy rights and tenancies [ss.101-112]
Chapter 4: Interdicts [ss.113-116]
Chapter 5: Dissolution, separation and nullity [ss.117-125]
Chapter 6: Miscellaneous and interpretation [ss.126-136]
Close section
Part 4: Civil partnership: Northern Ireland [ss.137-209]
Chapter 1: Registration [ss.137-160]
Chapter 2: Dissolution, nullity and other proceedings [ss.161-190]
Chapter 3: Property and financial arrangements [ss.191-196]
Chapter 4: Civil partnership agreements [ss.197-198]
Chapter 5: Children [ss.199-203]
Chapter 6: Miscellaneous [ss.204-209]
Close section
Part 5: Civil partnership formed or dissolved abroad etc. [ss.210-245]
Chapter 1: Registration outside UK under Order in Council [ss.210-211]
Chapter 2: Overseas relationships treated as civil partnerships [ss.212-218]
Chapter 3: Dissolution etc.: jurisdiction and recognition [ss.219-245]
Close section
Part 6: Relationships arising through civil partnership [ss.246-248]
246: Interpretation of statutory references to stepchildren etc.
247: Provisions to which section 246 applies: Acts of Parliament etc.
248: Provisions to which section 246 applies: Northern Ireland
Close section
Part 7: Miscellaneous [ss.249-257]
249: Immigration control and formation of civil partnerships
250: Gender recognition where applicant a civil partner
251: Discrimination against civil partners in employment field
252: Discrimination against civil partners in employment field: Northern Ireland
253: Civil partners to have unlimited insurable interest in each other
254: Social security, child support and tax credits
255: Power to amend enactments relating to pensions
256: Amendment of certain enactments relating to pensions
257: Amendment of certain enactments relating to the armed forces
Close section
Part 8: Supplementary [ss.258-264]
258: Regulations and orders
259: Power to make further provision in connection with civil partnership
260: EU obligations and civil partners
261: Minor and consequential amendments, repeals and revocations
262: Extent
263: Commencement
264: Short title
Close section
Schedule 1: Prohibited degrees of relationship: England and Wales
Part 1: The prohibitions
Part 2: Special provisions relating to qualified prohibitions
Close section
Schedule 2: Civil partnerships of persons under 18: England and Wales
Part 1: Appropriate persons
Part 2: Obtaining consent: general
Part 3: Obtaining consent: special procedure
Close section
Schedule 3: Registration by former spouses one of whom has changed sex
Application of Schedule
The relevant period
Modifications of standard procedure and procedures for house-bound and detained persons
Modified procedures for certain non-residents
Close section
Schedule 3A: Modifications if proposed civil partnership referred under section 12A
Introduction
No civil partnership schedule to be issued until decision about investigation etc
Civil partnership to be investigated: extension of waiting period to 70 days
Effect of shortening waiting period
Close section
Schedule 4: Wills, administration of estates and family provision
Part 1: Wills
Part 2: Administration of estates and family provision
Close section
Schedule 5: Financial relief: provision corresponding to provision made by Part 2 of the Matrimonial Causes Act 1973
Part 1: Financial provision in connection with dissolution, nullity or separation
Part 2: Property adjustment on or after dissolution, nullity or separation
Part 3: Sale of property orders
Part 4: Pension sharing orders on or after dissolution or nullity order
Part 4A: Pension compensation sharing orders on or after dissolution or nullity order
Part 5: Matters to which court is to have regard under Parts 1 to 4A
Part 6: Making of Part 1 orders having regard to pension benefits
Part 7: Pension protection fund compensation etc.
Part 8: Maintenance and other payments pending outcome of dissolution, nullity or separation proceedings [PROSPECTIVE]
Part 9: Failure to maintain: financial provision (and interim orders)
Part 10: Commencement of certain proceedings and duration of certain orders
Part 11: Variation, discharge etc. of certain orders for financial relief
Part 12: Arrears and repayments
Part 13: Consent orders and maintenance agreements
Part 14: Miscellaneous and supplementary
Close section
Schedule 6: Financial relief: provision corresponding to provision made by the Domestic Proceedings and Magistrates' Courts Act 1978
Part 1: Failure to maintain etc.: financial provision
Part 2: Orders for agreed financial provision
Part 3: Orders of court where civil partners living apart by agreement
Part 4: Interim orders
Part 5: Commencement and duration of orders under Parts 1, 2 and 3
Part 6: Variation etc. of orders
Part 7: Arrears and repayments
Part 8: Supplementary
Close section
Schedule 7: Financial relief in England and Wales after overseas dissolution etc. of a civil partnership
Part 1: Financial relief
Either civil partner may make application for financial relief
No application after formation of subsequent civil partnership or marriage
Leave of court required for making of application
Interim orders for maintenance
Paragraphs 7 and 8 apply where application made for relief under paragraph 9 or 13
Jurisdiction of the court
Duty of the court to consider whether England and Wales is appropriate venue for application
Orders for financial provision, property adjustment, pension sharing and pension compensation sharing
Matters to which court is to have regard in exercising its powers under paragraph 9
Restriction of powers under paragraph 9 where jurisdiction depends on civil partnership home in England or Wales
Consent orders under paragraph 9
Orders for transfers of tenancies of dwelling-houses
Application to orders under paragraphs 5 and 9 of provisions of Schedule 5
Avoidance of transactions designed to defeat claims under paragraphs 5 and 9
Presumptions for the purposes of paragraph 15
Part 2: Steps to prevent avoidance prior to application for leave under paragraph 4
Part 3: Supplementary
Close section
Schedule 8: WHousing and tenancies
Law of Property Act 1925 (c. 20)
Landlord and Tenant Act 1954 (c. 56)
Leasehold Reform Act 1967 (c. 88)
Caravan Sites Act 1968 (c. 52)
Rent (Agriculture) Act 1976 (c. 80)
Rent Act 1977 (c. 42)
Protection from Eviction Act 1977 (c. 43)
Housing Act 1980 (c. 51)
Housing Act 1985 (c. 68)
Agricultural Holdings Act 1986 (c. 5)
Landlord and Tenant Act 1987 (c. 31)
Housing Act 1988 (c. 50)
Local Government and Housing Act 1989 (c. 42)
Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)
Agricultural Tenancies Act 1995 (c. 8)
Housing Act 1996 (c. 52)
Housing Grants, Construction and Regeneration Act 1996 (c. 53)
Commonhold and Leasehold Reform Act 2002 (c. 15)
Close section
Schedule 9: Family homes and domestic violence
Part 1: Article42
Part 2: Consequential amendments
Part 3: Transitional provision
Close section
Schedule 10: Forbidden degrees of relationship: Scotland
1: Relationships by consanguinity
2: Relationships by affinity referred to in section 86(3)
Close section
Schedule 10A: Modifications if proposed civil partnership referred under section 88F
Introduction
No civil partnership schedule to be completed until decision about investigation etc
Civil partnership to be investigated: extension of 28 day period to 70 days
Effect of reducing statutory period
Close section
Schedule 11: Financial provision in Scotland after overseas proceedings
Part 1: Introductory
Part 2: Circumstances in which court may entertain application for financial provision
Part 3: Disposal of applications
Part 4: The expression “order for financial provision”
Close section
Schedule 12: Prohibited degrees of relationship: Northern Ireland
Absolute prohibitions
Qualified prohibitionsN.I.
Close section
Schedule 13: Civil partnerships of persons under 18: Northern Ireland
Part 1: Appropriate persons
Close section
Schedule 13A: Modifications if proposed civil partnership referred under section 139E
Introduction
No civil partnership schedule to be issued until decision about investigation etc
Civil partnership to be investigated: completion of civil partnership schedule
Requests to complete the civil partnership schedule before expiry of 70 day period
Effect of reducing statutory period
Close section
Schedule 14: Wills, administration of estates and family provision: Northern Ireland
Part 1: Wills
Part 2: Administration of estates and family provision
Close section
Schedule 15: Financial relief in the High Court or a county court etc.: Northern Ireland
Part 1: Financial provision in connection with dissolution, nullity or separation
Part 5: Making of Part 1 orders having regard to pension benefits
Part 6: Pension protection fund compensation etc.
Part 7: Maintenance pending outcome of dissolution, nullity or separation proceedings
Part 8: Failure to maintain: financial provision (and interim orders)
Part 9: Commencement of certain proceedings and duration of certain orders
Part 10: Variation, discharge etc. of certain orders for financial relief
Part 11: Arrears and repayments
Part 12: Consent orders and maintenance agreements
Part 13: Miscellaneous and supplementary
Close section
Schedule 16: Financial relief in court of summary jurisdiction etc.: Northern Ireland
Part 1: Failure to maintain etc.: financial provision
Part 2: Orders for agreed financial provision
Part 3: Orders of court where civil partners living apart by agreement
Part 4: Interim orders
Part 5: Commencement and duration of orders under Parts 1, 2 and 3
Part 6: Variation etc. of orders
Part 7: Arrears and repayments
Part 8: Supplementary
Close section
Schedule 17: Financial relief in Northern Ireland after overseas dissolution etc. of a civil partnership
Part 1: Financial relief
Part 2: Steps to prevent avoidance prior to application for leave under paragraph 4
Part 3: Supplementary
Close section
Schedule 18: Housing and tenancies: Northern Ireland
Rent (Northern Ireland) Order 1978 (S.I. 1978/1050 (N.I. 20))
Housing (Northern Ireland) Order 1981 (S.I. 1981/156 (N.I. 3))
Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15))
Housing (Northern Ireland) Order 2003 (S.I. 2003/412 (N.I. 2))
Close section
Schedule 19: Family homes and domestic violence: Northern Ireland
Part 1: Amendments of the Family Homes and Domestic Violence (Northern Ireland) Order (SI 1998/1071 (NI 6))
Part 2: Consequential amendments
Part 3: Transitional provision
Close section
Schedule 20: Meaning of overseas relationship: specified relationships
Part 1: Same-sex relationships
Part 2: Opposite-sex relationships
Schedule 21: References to stepchildren etc. in existing Acts
Schedule 22: References to stepchildren etc. in existing Northern Ireland legislation
Close section
Schedule 23: Immigration control and formation of civil partnerships
Part 1: Introduction
Part 2: England and Wales
Part 3: Scotland
Part 4: Northern Ireland
Part 5: Regulations
Close section
Schedule 24: Social security, child support and tax credits
Part 1: Amendments of the Child Support Act 1991 (c. 48)
Part 2: Amendments of the Child Support (Northern Ireland) Order 1991 (S.I. 1991/ 2628 (N.I. 23))
Part 3: Amendments of the Social Security Contributions and Benefits Act 1992 (c. 4)
Part 4: Amendments of the Social Security Administration Act 1992 (c. 5)
Part 5: Amendments of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)
Part 6: Amendments of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)
Part 7: Amendments of the Jobseekers Act 1995 (c. 18)
Part 8: Amendments of the Child Support Act 1995 (c. 34)
Part 9: Amendments of the Child Support (Northern Ireland) Order 1995 (S.I. 1995/ 2702 (N.I. 13))
Part 10: Amendments of the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))
Part 11: Amendments of the Social Security Act 1998 (c. 14)
Part 12: Amendments of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/ 1506 (N.I. 10))
Part 13: Amendments of the State Pension Credit Act 2002 (c. 16)
Part 14: Amendments of the Tax Credits Act 2002 (c. 21)
Part 15: Amendments of the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.))
Close section
Schedule 25: Amendment of certain enactments relating to pensions
Fire Services Act 1947 (c. 41)
House of Commons Members' Fund Act 1948 (c. 36)
…
Theatres Trust Act 1976 (c. 27)
Close section
Schedule 26: Amendment of certain enactments relating to the armed forces
Greenwich Hospital Act 1865 (c. 89)
Navy and Marines (Property of Deceased) Act 1865 (c. 111)
Pensions Commutation Act 1871 (c. 36)
Greenwich Hospital Act 1883 (c. 32)
Pensions and Yeomanry Pay Act 1884 (c. 55)
Regimental Debts Act 1893 (c. 5)
…
Naval and Military War Pensions, &c., (Administrative Expenses) Act 1917 (c. 14)
War Pensions (Administrative Provisions) Act 1919 (c. 53)
War Pensions Act 1920 (c. 23)
Admiralty Pensions Act 1921 (c. 39)
Greenwich Hospital Act 1942 (c. 35)
Pensions Appeal Tribunals Act 1943 (c. 39)
Greenwich Hospital Act 1947 (10 & 11 Geo. 6 c. 5)
Polish Resettlement Act 1947 (c. 19)
Naval Forces (Enforcement of Maintenance Liabilities) Act 1947 (c. 24)
Royal Patriotic Fund Corporation Act 1950 (c. 10)
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
Army Act 1955 (3 & 4 Eliz. 2 c. 18)
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
Naval Discipline Act 1957 (c. 53)
Courts-Martial (Appeals) Act 1968 (c. 20)
Close section
Schedule 27: Minor and consequential amendments: general
Explosive Substances Act 1883 (c. 3)
Partnership Act 1890 (c. 39)
Law of Distress Amendment Act 1908 (c. 53)
Census Act 1920 (c. 41)
Trustee Act 1925 (c. 19)
Law of Property Act 1925 (c. 20)
Judicial Proceedings (Regulation of Reports) Act 1926 (c. 61)
Population (Statistics) Act 1938 (c. 12)
Landlord and Tenant (Requisitioned Land) Act 1942 (c. 13)
Limitation (Enemies and War Prisoners) Act 1945 (c. 16)
Statistics of Trade Act 1947 (c. 39)
Marriage Act 1949 (c. 76)
Maintenance Orders Act 1950 (c. 37)
Births and Deaths Registration Act 1953 (c. 20)
Pharmacy Act 1954 (c. 61)
Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58)
Maintenance Orders Act 1958 (c. 39)
Offices, Shops and Railway Premises Act 1963 (c. 41)
Industrial and Provident Societies Act 1965 (c. 12)
Criminal Appeal Act 1968 (c. 19)
Theft Act 1968 (c. 60)
Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)
Civil Evidence Act 1968 (c. 64)
Gaming Act 1968 (c. 65)
Medicines Act 1968 (c. 67)
Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)
Administration of Justice Act 1970 (c. 31)
Attachment of Earnings Act 1971 (c. 32)
Criminal Damage Act 1971 (c. 48)
Immigration Act 1971 (c. 77)
Local Government Act 1972 (c. 70)
Matrimonial Causes Act 1973 (c. 18)
Fair Trading Act 1973 (c. 41)
Slaughterhouses Act 1974 (c. 3)
Health and Safety at Work etc. Act 1974 (c. 37)
Consumer Credit Act 1974 (c. 39)
Friendly Societies Act 1974 (c. 46)
Rehabilitation of Offenders Act 1974 (c. 53)
Sex Discrimination Act 1975 (c. 65)
Race Relations Act 1976 (c. 74)
Criminal Law Act 1977 (c. 45)
Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)
Interpretation Act 1978 (c. 30)
Protection of Children Act 1978 (c. 37)
Credit Unions Act 1979 (c. 34)
Estate Agents Act 1979 (c. 38)
…
Disused Burial Grounds (Amendment) Act 1981 (c. 18)
Forgery and Counterfeiting Act 1981 (c. 45)
Senior Courts Act 1981(c. 54)
British Nationality Act 1981 (c. 61)
Forfeiture Act 1982 (c. 34)
Representation of the People Act 1983 (c. 2)
Mental Health Act 1983 (c. 20)
Mobile Homes Act 1983 (c. 34)
Dentists Act 1984 (c. 24)
Matrimonial and Family Proceedings Act 1984 (c. 42)
Police and Criminal Evidence Act 1984 (c. 60)
Companies Act 1985 (c. 6)
Enduring Powers of Attorney Act 1985 (c. 29)
Food and Environment Protection Act 1985 (c. 48)
Child Abduction and Custody Act 1985 (c. 60)
Airports Act 1986 (c. 31)
Insolvency Act 1986 (c. 45)
Building Societies Act 1986 (c. 53)
Family Law Act 1986 (c. 55)
Consumer Protection Act 1987 (c. 43)
Criminal Justice Act 1988 (c. 33)
Companies Act 1989 (c. 40)
Children Act 1989 (c. 41)
Local Government and Housing Act 1989 (c. 42)
Opticians Act 1989 (c. 44)
Food Safety Act 1990 (c. 16)
Courts and Legal Services Act 1990 (c. 41)
Broadcasting Act 1990 (c. 42)
Local Government Finance Act 1992 (c. 14)
Friendly Societies Act 1992 (c. 40)
Trade Union and Labour Relations Act 1992 (c. 52)
Charities Act 1993 (c. 10)
Pension Schemes Act 1993 (c. 48)
Pension Schemes (Northern Ireland) Act 1993 (c. 49)
Disability Discrimination Act 1995 (c. 50)
Employment Rights Act 1996 (c. 18)
Family Law Act 1996 (c. 27)
Trusts of Land and Appointment of Trustees Act 1996 (c. 47)
Civil Procedure Act 1997 (c. 12)
National Minimum Wage Act 1998 (c. 39)
…
Welfare Reform and Pensions Act 1999 (c. 30)
Immigration and Asylum Act 1999 (c. 33)
Representation of the People Act 2000 (c. 2)
Financial Services and Markets Act 2000 (c. 8)
Land Registration Act 2002 (c. 9)
Enterprise Act 2002 (c. 40)
Licensing Act 2003 (c. 17)
Local Government Act 2003 (c. 26)
Courts Act 2003 (c. 39)
Sexual Offences Act 2003 (c. 42)
Close section
Schedule 28: Consequential amendments: Scotland
Part 1: Amendments of the Succession (Scotland) Act 1964 (c. 41)
Part 2: Amendments of the Family Law (Scotland) Act 1985 (c. 37)
Part 3: …
Part 4: Miscellaneous amendments
Close section
Schedule 29: Minor and consequential amendments: Northern Ireland
Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))
Trustee Act (Northern Ireland) 1958 (c. 23 (N.I.))
Perpetuities Act (Northern Ireland) 1966 (c. 2 (N.I.))
Office and Shop Premises Act (Northern Ireland) 1966 (c. 26 (N.I.))
Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35 (N.I.))
Census Act (Northern Ireland) 1969 (c. 8 (N.I.))
Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))
Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24 (N.I.))
Land Registration Act (Northern Ireland) 1970 (c. 18 (N.I.))
Leasehold (Enlargement and Extension) Act (Northern Ireland) 1971 (c. 7 (N.I.))
Civil Evidence Act (Northern Ireland) 1971 (c. 36 (N.I.))
Local Government Act (Northern Ireland) 1972 (c. 9 (N.I.))
Employer's Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 (S.I. 1972/963 (N.I. 6))
Births and Deaths Registration (Northern Ireland) Order 1976 (S.I. 1976/1041 (N.I. 14))
Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))
Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22))
Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4))
Judicature (Northern Ireland) Act 1978 (c. 23)
Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9))
Matrimonial Causes (Northern Ireland) Order 1978 (S.I. 1978/1045 (N.I. 15))
Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3))
Domestic Proceedings (Northern Ireland) Order 1980 (S.I. 1980/563 (N.I. 5))
Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)
…
Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))
Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13))
Forfeiture (Northern Ireland) Order 1982 (S.I. 1982/1082 (N.I. 14))
Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984 (S.I. 1984/1984 (N.I. 14))
Credit Unions (Northern Ireland) Order 1985 (S.I. 1985/1205 (N.I. 12))
Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4))
Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I. 6))
Enduring Powers of Attorney (Northern Ireland) Order 1987 (S.I. 1987/1627 (N.I. 16))
Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (S.I. 1989/677 (N.I. 4))
Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
Companies (Northern Ireland) Order 1990 (S.I. 1990/593 (N.I. 5))
Food Safety (Northern Ireland) Order 1991 (S.I. 1991/762 (N.I. 7))
Industrial Relations (Northern Ireland) Order 1992 (S.I.1992/807 (N.I.5))
Pension Schemes (Northern Ireland) Act 1993 (c. 49) [PROSPECTIVE]
Family Law (Northern Ireland) Order 1993 (S.I. 1993/1576 (N.I. 6))
Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))
Trade Union and Labour Relations (Northern Ireland) Order 1995(S.I.1995/1980 (N.I.12))
Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))
Registration of Clubs (Northern Ireland) Order 1996 (S.I. 1996/3159 (N.I. 23))
Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))
Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21))
Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))
Housing (Northern Ireland) Order 2003 (S.I. 2003/412 (N.I. 2))
Marriage (Northern Ireland) Order 2003 (S.I. 2003/413 (N.I. 3))
Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))
Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3))
Close section
Schedule 30: Repeals and revocations
Family provision
Housing and tenancies
Family Homes and Domestic Violence
Family provision: Northern Ireland
Family homes and domestic violence: Northern Ireland
Discrimination
Social security, child support and tax credits
Minor and consequential amendments: general
Consequential amendments: Scotland
Close section
County Courts Act 1984
Close section
Part I: Constitution and Administration [ss.1-14]
The county court
County courts and districts [ss.1-2]
Places and times of sittings of courts [ss.3-4]
Judges [ss.5]
District judges and deputy district judges [ss.6-12]
Miscellaneous provisions as to officers [ss.13-14]
Close section
Part II: Jurisdiction and Transfer of Proceedings [ss.15-45]
Actions of contract and tort [ss.15-20]
Recovery of land and cases where title in question [ss.21-22]
Equity proceedings [ss.23-24]
Family provision proceedings [ss.25]
Admiralty proceedings [ss.26-31]
Probate proceedings [ss.32-33]
Miscellaneous provisions as to jurisdiction [ss.34-36]
Exercise of jurisdiction and ancillary jurisdiction [ss.37-39]
Transfer of proceedings [ss.40-45]
Close section
Part III: Procedure [ss.46-76]
Parties [ss.46-49]
Interim payments in pending proceedings [ss.50]
Provisional damages for personal injuries [ss.51]
Discovery and related procedures [ss.52-54]
Witnesses and evidence [ss.55-59]
Right of audience [ss.60-61]
Mode of trial [ss.62-65]
Juries [ss.66-68]
Interest on debts and damages [ss.69]
Judgments and orders. [ss.70-74]
Practice directions [ss.74A]
General rules of procedure [ss.75-76]
Close section
Part IV: Appeals etc. [ss.77-84]
Appeals [ss.77-82]
Certiorari and prohibition [ss.83-84]
Close section
Part V: Enforcement of Judgments and Orders [ss.85-111]
Execution against goods [ss.85-88]
Seizure and custody of goods etc. [ss.89-92]
Sale of goods seized [ss.93-98]
Claims in respect of goods seized [ss.99-102]
Execution out of jurisdiction of court [ss.103-104]
Execution in county court of judgments and orders of, or enforceable as judgments and orders of, High Court [ss.105]
Enforcement in High Court of judgments and orders of county courts [ss.106]
Receivers and attachment of debts [ss.107-109]
Miscellaneous provisions as to enforcement of judgments and orders [ss.110-111]
Close section
Part VI: Administration Orders [ss.112-117]
112: Power to make administration order.
113: Notice of order and proof of debts.
114: Effect of administration order.
115: Execution by registrar.
116: Right of landlord to distrain notwithstanding order.
117: Appropriation of money paid under order and discharge of order.
Close section
Part VII: Committals [ss.118-122]
118: Power to commit for contempt.
119: Issue and execution of orders of committal.
120: Prisons to which committals may be made.
121: Power of judge to order discharge.
122: Execution of committal orders out of jurisdiction of court.
Close section
Part VIII: Responsibility and Protection of Officers [ss.123-127]
123: Registrar to have same responsibilities as sheriff.
124: Liability of bailiff for neglect to levy execution.
125: Irregularity in executing warrants.
126: Actions against bailiffs acting under warrants.
127: Warrants evidence of authority.
Close section
Part IX: Miscellaneous and General [ss.128-151]
Financial Provisions [ss.128-132]
Summonses and other documents [ss.133-137]
Forfeiture for non-payment of rent [ss.138-140]
Solicitors [ss.141-143]
Replevin [ss.144]
Power to raise monetary limits [ss.145]
General [ss.146-151]
Schedule 1: Replevin
Close section
Schedule 2: Amendments of Other Enactments
Part I: Trustee Act 1925 (c. 19)
Part II: Law of Property Act 1925 (c. 20)
Part III: Administration of Estates Act 1925 (c. 23)
Part IV: Land Charges Act 1972 (c. 61)
Part V: Miscellaneous Amendments
Close section
Schedule 3: Transitory and Transitional Provisions and Savings
Administration Orders
County court
Former enactments
High bailiffs
Periods of time
Offences
General
Close section
Schedule 4: Repeals
TABLE OF DERIVATIONS
Close section
Crime and Disorder Act 1998
Close section
Part I: Prevention of crime and disorder [ss.1-27]
Chapter I: England and Wales [ss.1-18]
Chapter II: Scotland [ss.19-24]
Chapter III: Great Britain [ss.25-27]
Close section
Part II: Criminal law [ss.28-36]
Racially or religiously aggravated offences: England and Wales [ss.28-32]
Racially-aggravated offences: Scotland [s.33]
Miscellaneous [ss.34-36]
Close section
Part III: Criminal justice system [ss.37-57]
Youth justice [ss.37-42-]
Time limits etc. [ss.43-46]
Functions of courts etc. [ss.47-52B]
Miscellaneous [ss.53-57]
Close section
Part 3A: …
57A: …
57B: …
57C: …
57D: …
57E: …
57F: …
Close section
Part IV: Dealing with offenders [ss.58-96]
Chapter I: England and Wales [ss.58-85]
Chapter II: Scotland [ss.86-96]
Close section
Part V: Miscellaneous and supplemental [ss.97-121]
Remands and committals [ss.97-98]
Release and recall of prisoners [ss.99-105]
Miscellaneous [ss.106-113]
Supplemental [ss.114-121]
Schedule 1: Schedule 2A to the Civic Government (Scotland) Act 1982
Close section
Schedule 2: The Youth Justice Board: further provisions
Membership
Members and employees
House of Commons disqualification
Procedure
Annual reports and accounts
Expenses
Close section
Schedule 3: Procedure where persons are sent for trial under section 51
Regulations
Applications for dismissal
Reporting restrictions
Power of justice to take depositions etc.
Use of depositions as evidence
Power of Crown Court to deal with summary offence
…
Procedure for determining whether offences of criminal damage etc. are summary offences
Power of Crown Court, with consent of legally-represented accused, to proceed in his absence
Schedule 4:
Schedule 5:
Close section
Schedule 6: Drug treatment and testing orders: amendment of the 1995 Act
Part I: Amendments relating to combination of orders
Part II: Amendments relating to appeals
Close section
Schedule 7: Pre-consolidation amendments: powers of criminal courts
Children and Young Persons Act 1933 (c.12)
Criminal Justice Act 1967 (c.80)
Children and Young Persons Act 1969 (c.54)
Criminal Justice Act 1972 (c.71)
Powers of Criminal Courts Act 1973 (c.62)
Magistrates' Courts Act 1980 (c.43)
Criminal Justice Act 1982 (c.48)
Criminal Justice Act 1988 (c.33)
Criminal Justice Act 1991 (c.53)
Crime (Sentences) Act 1997 (c.43)
Close section
Schedule 8: Minor and consequential amendments
Children and Young Persons Act 1933 (c.12)
Administration of Justice (Miscellaneous Provisions) Act 1933 (c.36)
Prison Act 1952 (c.52)
Criminal Procedure (Attendance of Witnesses) Act 1965 (c.69)
Criminal Justice Act 1967 (c.80)
Criminal Appeal Act 1968 (c.19)
Firearms Act 1968 (c.27)
Children and Young Persons Act 1969 (c.54)
Superannuation Act 1972 (c.11)
Powers of Criminal Courts Act 1973 (c.62)
Rehabilitation of Offenders Act 1974 (c.53)
Bail Act 1976 (c.63)
Magistrates' Courts Act 1980 (c.43)
Supreme Court Act 1981 (c.54)
Criminal Justice Act 1982 (c.48)
Mental Health Act 1983 (c.20)
Mental Health (Scotland) Act 1984 (c.36)
Repatriation of Prisoners Act 1984 (c.47)
Police and Criminal Evidence Act 1984 (c.60)
Prosecution of Offences Act 1985 (c.23)
Criminal Justice Act 1987 (c.38)
Criminal Justice Act 1988 (c.33)
Legal Aid Act 1988 (c.34)
Children Act 1989 (c.41)
Prisons (Scotland) Act 1989 (c.45)
Criminal Justice Act 1991 (c.53)
Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9)
Probation Service Act 1993 (c.47)
Criminal Justice and Public Order Act 1994 (c.33)
Drug Trafficking Act 1994 (c.37)
Proceeds of Crime (Scotland) Act 1995 (c.43)
Criminal Procedure (Scotland) Act 1995 (c.46)
Criminal Procedure and Investigations Act 1996 (c.25)
Crime (Sentences) Act 1997 (c.43)
Crime and Punishment (Scotland) Act 1997 (c.48)
Sex Offenders Act 1997 (c.51)
Close section
Schedule 9: Transitional provisions and savings
Presumption of incapacity
Effect of child's silence at trial
Sexual or violent offenders: extended sentences
Drug treatment and testing orders
Young offenders: cautions
Abolition of secure training orders
Sentencing guidelines
Confiscation orders on committal for sentence
Football spectators: failure to comply with reporting duty
Power to release short-term prisoners on licence
Early release: two or more sentences
Recall to prison of short-term prisoners
Release on licence following recall to prison
Release on licence following return to prison
Remand time: two or more sentences
Schedule 10: Repeals
Close section
Criminal Justice Act 2003
Close section
Part 1: Amendments of Police and Criminal Evidence Act 1984 [ss.1-12]
1: Extension of powers to stop and search
2: Warrants to enter and search
3: Arrestable offences
4: Bail elsewhere than at police station
5: Drug testing for under-eighteens
6: Use of telephones for review of police detention
7: Limits on period of detention without charge
8: Property of detained persons
9: Taking fingerprints without consent
10: Taking non-intimate samples without consent
11: Codes of practice
12: Amendments related to Part 1
Close section
Part 2: Bail [ss.13-21]
13: Grant and conditions of bail
14: Offences committed on bail
15: Absconding by persons released on bail
16: Appeal to Crown Court
17: Appeals to High Court
18: Appeal by prosecution
19: Drug users: restriction on bail
20: Supplementary amendments to the Bail Act 1976
21: Interpretation of Part 2
Close section
Part 3: Conditional cautions [ss.22-27]
22: Conditional cautions
23: The five requirements
23ZA: Duty to consult victims
23A: Financial penalties
23B: Variation of conditions
24: Failure to comply with conditions
24A: Arrest for failure to comply
24B: Application of PACE provisions
25: Code of practice
26: Assistance of National Probation Service
27: Interpretation of Part 3
Close section
Part 4: Charging etc [ss.28-31]
28: Charging or release of persons in police detention
29: New method of instituting proceedings
30: Further provision about new method
31: Removal of requirement to substantiate information on oath
Close section
Part 5: Disclosure [ss.32-40]
32: Initial duty of disclosure by prosecutor
33: Defence disclosure
34: Notification of intention to call defence witnesses
35: Notification of names of experts instructed by defendant [PROSPECTIVE]
36: Further provisions about defence disclosure
37: Continuing duty of disclosure by prosecutor
38: Application by defence for disclosure
39: Faults in defence disclosure
40: Code of practice for police interviews of witnesses notified by accused
Close section
Part 6: Allocation and sending of offences [ss.41-42]
41: Allocation of offences triable either way, and sending cases to Crown Court
42: Mode of trial for certain firearms offences: transitory arrangements
Close section
Part 7: Trials on indictment without a jury [ss.43-50]
43: Applications by prosecution for certain fraud cases to be conducted without a jury [PROSPECTIVE]
44: Application by prosecution for trial to be conducted without a jury where danger of jury tampering
45: Procedure for applications under sections 43 and section 44
46: Discharge of jury because of jury tampering
47: Appeals
48: Further provision about trials without a jury
49: Rules of court
50: Application of Part 7 to Northern Ireland
Close section
Part 8: Live links [ss.51-56]
51: Directions for live links in criminal proceedings
52: Further provision about the giving, variation and rescission of live-link directions
52A: Further provision about the effect of live-link directions
53: Further provision about live links in magistrates' courts
54: Warning to jury
55: Rules of court
56: Interpretation of Part 8
Close section
Part 9: Prosecution appeals [ss.57-74]
Introduction [s.57]
General right of appeal in respect of rulings [ss.58-61]
Right of appeal in respect of evidentiary rulings [ss.62-66]
Miscellaneous and supplemental [ss.67-74]
Close section
Part 10: Retrial for serious offences [ss.75-97]
Cases that may be retried [s.75]
Application for retrial [ss.76-83]
Retrial [s.84]
Investigations [ss.85-86A]
Arrest, custody and bail [ss.87-91]
Part 10: supplementary [ss.92-97]
Close section
Part 11: Evidence [ss.98-141]
Chapter 1: Evidence of bad character [ss.98-113]
Chapter 2: Hearsay evidence [ss.114-136]
Chapter 3: Miscellaneous and supplemental [ss.137-141]
Close section
Part 12: Sentencing [ss.142-305]
Chapter 1: General provisions about sentencing [ss.142-176]
Chapter 2: Community orders: offenders aged 16 or over [ss.177-180]
Chapter 3: Suspended sentence orders [ss.181-195]
Chapter 4: Further provisions about orders under Chapters 2 and 3 [ss.196-223]
Chapter 5: Dangerous offenders [ss.224-236]
Chapter 5A: …
Chapter 6: Release, licences, supervision and recall [ss.237-268]
Chapter 7: Effect of life sentence [ss.269-277]
Chapter 8: Other provisions about sentencing
Chapter 9: Supplementary [ss.302-305]
Close section
Part 13: Miscellaneous [ss.306-329]
Detention of suspected terrorists [s.306]
Enforcement of legislation on endangered species [s.307]
Miscellaneous provisions about criminal proceedings [ss.308-319]
Outraging public decency [s.320]
Jury service [s.321]
Individual support orders [ss.322-323]
ߪ
Assessing etc. risks posed by sexual or violent offenders [ss.325-327B]
Criminal record certificates [s.328]
Civil proceedings brought by offenders [s.329]
Close section
Part 14: General [ss.330-339]
330: Orders and rules
330A: Orders: Northern Ireland
331: Further minor and consequential amendments
332: Repeals
333: Supplementary and consequential provision, etc.
334: Provision for Northern Ireland
335: Expenses
336: Commencement
337: Extent
338: Channel Islands and Isle of Man
339: Short title
Close section
Schedule 1: Amendments related to Part 1
The 1984 Act
Criminal Justice Act 1987 (c. 38)
Criminal Justice and Police Act 2001 (c. 16)
Armed Forces Act 2001 (c. 19)
Police Reform Act 2002 (c. 30)
Schedule 2: Charging or release of persons in police detention
Close section
Schedule 3: Allocation of cases triable either way, and sending cases to the Crown Court etc
Part 1: Principal amendments
Crime and Disorder Act 1998 (c. 37)
…
Part 2: minor and consequential amendments
Bankers' Books Evidence Act 1879 (c. 11)
Explosive Substances Act 1883 (c. 3)
Criminal Justice Act 1925 (c. 86)
Children and Young Persons Act 1933 (c. 12)
Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36)
Criminal Justice Act 1948 (c. 58)
Prison Act 1952 (c. 52)
Army Act 1955 (3 & 4 Eliz. 2 c. 18)
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
Geneva Conventions Act 1957 (c. 52)
Naval Discipline Act 1957 (c. 53)
Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)
Criminal Procedure (Attendance of Witnesses) Act 1965 (c. 69)
Criminal Justice Act 1967 (c. 80)
Criminal Appeal Act 1968 (c. 19)
Firearms Act 1968 (c. 27)
Theft Act 1968 (c. 60)
Criminal Justice Act 1972 (c. 71)
Bail Act 1976 (c. 63)
Interpretation Act 1978 (c. 30)
Customs and Excise Management Act 1979 (c. 2)
Magistrates' Courts Act 1980 (c. 43)
Criminal Attempts Act 1981 (c. 47)
Contempt of Court Act 1981 (c. 49)
Supreme Court Act 1981 (c. 54)
Mental Health Act 1983 (c. 20)
Police and Criminal Evidence Act 1984 (c. 60)
Prosecution of Offences Act 1985 (c. 23)
Criminal Justice Act 1987 (c. 38)
Coroners Act 1988 (c. 13)
Criminal Justice Act 1988 (c. 33)
Road Traffic Offenders Act 1988 (c. 53)
Criminal Justice Act 1991 (c. 53)
Sexual Offences (Amendment) Act 1992 (c. 34)
Criminal Justice and Public Order Act 1994 (c. 33)
Reserve Forces Act 1996 (c. 14)
Criminal Procedure and Investigations Act 1996 (c. 25)
Sexual Offences (Protected Material) Act 1997 (c. 39)
Crime and Disorder Act 1998 (c. 37)
Youth Justice and Criminal Evidence Act 1999 (c. 23)
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
Proceeds of Crime Act 2002 (c. 29)
Close section
Schedule 4: Qualifying offences for purposes of section 62 [PROSPECTIVE]
Part 1: List of offences
Sexual Offences
Drugs Offences
Theft Offences
Criminal Damage Offences
War Crimes and Terrorism
Hijacking and Other Offences Relating to Aviation, Maritime and Rail Security
Conspiracy
Part 2: Supplementary
Close section
Schedule 5: Qualifying offences for purposes of Part 10
Part 1: List of offences for England and Wales
Sexual Offences
Drugs Offences
Criminal Damage Offences
War Crimes and Terrorism
Conspiracy
Part 2: List of offences for Northern Ireland
Sexual Offences
Drugs Offences
Criminal Damage Offences
War Crimes and Terrorism
Conspiracy
Part 3: Supplementary
Schedule 6: Evidence of bad character: armed forces
Close section
Schedule 7: Hearsay evidence: armed forces
Application to proceedings before service courts
Amendments
Interpretation
Schedule 8: …
Schedule 9: …
Schedule 10: Revocation or amendment of custody plus orders and amendment of intermittent custody orders
Schedule 11: Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland [PROSPECTIVE]
Schedule 12: …
Schedule 13: …
Schedule 14: …
Close section
Schedule 15: Specified offences for purposes of sections 244ZA and 325
Part 1: Specified violent offences
Part 2: Specified sexual offences
Part 3: Specified Terrorism Offences
Schedule 15A: Offences specified for the purposes of sections 225(3A) and 227(2A)
Schedule 15B: …
Schedule 16:
Schedule 17:
Close section
Schedule 18: Release of prisoners serving sentences of imprisonment or detention for public protection
Release on licence
Determination of tariffs
Schedule 18A: …
Close section
Schedule 19: The Parole Board: supplementary provisions
Status and Capacity
Membership
Payments to members
Proceedings
Staff
Financial provisions
Authentication of Board's seal
Presumption of authenticity of documents issued by Board
Accounts and audit
Reports
Close section
Schedule 19ZA: Offences carrying restricted eligibility of terrorist prisoners for release on licence
Part 1: Terrorism offences punishable with imprisonment for life
Part 2: Terrorism offences punishable with imprisonment for more than two years (but not life)
Part 3: Other offences punishable with imprisonment for life
Close section
Schedule 19A: Supervision default orders
Part 1: Requirements etc
Powers of Secretary of State in relation to provisions of the Sentencing Code
Part 2: Breach, revocation or amendment
Issue of summons or warrant by justice of the peace
Powers of magistrates' court to deal with breach
Amendment or revocation of order by magistrates' court
Amendment of local justice area specified in order
Revocation of order on imposition of further sentence
Close section
SCHEDULE 19B: Prisoners returning to the UK: Modifications of Chapter 6 of Part 12
Modification of dates for referral to the Board
Person removed after Board had directed release but before being released
Person removed after referral to the Board but before disposal of the reference
Person removed after having been recalled to prison
Schedule 20: Prisoners liable to removal from United Kingdom: modifications of Criminal Justice Act 1991
Schedule 20A: Application of Chapter 6 of Part 12 to pre-4 April 2005 cases
Close section
Schedule 20B: Modifications of Chapter 6 of Part 12 in certain transitional cases
Part 1: Introductory
Explanation of dates
Part 2: Prisoners serving 1991 Act sentences etc
Duty to release on licence at two-thirds of sentence
Duty to release on direction of Parole Board
Release on licence at one-half of sentence: section 85 extended sentence prisoners
Duty to release unconditionally at three-quarters of sentence
Duty to release on licence at three-quarters of sentence
Release on licence: re-release of section 85 extended sentence prisoners
Release of section 227 or 228 extended sentence prisoners: Parole Board direction
Licence to remain in force to three-quarters of sentence
Period for which licence to remain in force: section 85 extended sentence prisoners
Concurrent or consecutive terms
Part 3: Prisoners serving 1967 Act sentences
Sentence of more than 12 months imposed before 1 October 1992
Extended sentence of more than 12 months imposed before 1 October 1992
Additional days
Concurrent or consecutive terms
Part 4: Provisions applying generally
Fine defaulters and contemnors
Early removal of prisoners liable to removal from UK
Manslaughter: prisoner's non disclosure of information
Indecent images: prisoner's non-disclosure of information
Schedule 21: …
Close section
Schedule 22: Mandatory life sentences: transitional cases
Interpretation
Existing prisoners notified by Secretary of State
Existing prisoners not notified by Secretary of State
…
Proceedings in High Court
Giving of reasons
Right of appeal
Review of minimum term on reference by Attorney General
Modification of early release provisions
Transferred life prisoners
Schedule 23: …
Schedule 24:
Close section
Schedule 25: Summary offences no longer punishable with imprisonment
Vagrancy Act 1824 (c. 83) [PROSPECTIVE]
Railway Regulation Act 1842 (c. 55) [PROSPECTIVE]
London Hackney Carriages Act 1843 (c. 86) [PROSPECTIVE]
Town Police Clauses Act 1847 (c. 89) [PROSPECTIVE]
Ecclesiastical Courts Jurisdiction Act 1860 (c. 32) [PROSPECTIVE]
Town Gardens Protection Act 1863 (c. 13) [PROSPECTIVE]
Public Stores Act 1875 (c. 25) [PROSPECTIVE]
North Sea Fisheries Act 1893 (c. 17) [PROSPECTIVE]
Seamen's and Soldiers' False Characters Act 1906 (c. 5) [PROSPECTIVE]
Aliens Restriction (Amendment) Act 1919 (c. 92) [PROSPECTIVE]
Children and Young Persons Act 1933 (c. 12) [PROSPECTIVE]
Protection of Animals Act 1934 (c. 21) [PROSPECTIVE]
Public Health Act 1936 (c. 49) [PROSPECTIVE]
Essential Commodities Reserves Act 1938 (c. 51) [PROSPECTIVE]
London Building Acts (Amendment) Act 1939 (c. xcvii) [PROSPECTIVE]
Cancer Act 1939 (c. 13) [PROSPECTIVE]
Civil Defence Act 1939 (c. 31) [PROSPECTIVE]
Hill Farming Act 1946 (c. 73) [PROSPECTIVE]
Polish Resettlement Act 1947 (c. 19) [PROSPECTIVE]
Agriculture Act 1947 (c. 48) [PROSPECTIVE]
Civil Defence Act 1948 (c. 5) [PROSPECTIVE]
Agricultural Wages Act 1948 (c. 47) [PROSPECTIVE]
Wireless Telegraphy Act 1949 (c. 54) [PROSPECTIVE]
Prevention of Damage by Pests Act 1949 (c. 55) [PROSPECTIVE]
Coast Protection Act 1949 (c. 74) [PROSPECTIVE]
Pet Animals Act 1951 (c. 35) [PROSPECTIVE]
Cockfighting Act 1952 (c. 59) [PROSPECTIVE]
Agricultural Land (Removal of Surface Soil) Act 1953 (c. 10) [PROSPECTIVE]
Accommodation Agencies Act 1953 (c. 23) [PROSPECTIVE]
Army Act 1955 (3 & 4 Eliz. 2 c. 18) [PROSPECTIVE]
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
Naval Discipline Act 1957 (c. 53)
Agricultural Marketing Act 1958 (c. 47) [PROSPECTIVE]
Rivers (Prevention of Pollution) Act 1961 (c. 50) [PROSPECTIVE]
Betting, Gaming and Lotteries Act 1963 (c. 2) [PROSPECTIVE]
Children and Young Persons Act 1963 (c. 37) [PROSPECTIVE]
Animal Boarding Establishments Act 1963 (c. 43) [PROSPECTIVE]
Agriculture and Horticulture Act 1964 (c. 28) [PROSPECTIVE]
Emergency Laws (Re-enactments and Repeals) Act 1964 (c. 60) [PROSPECTIVE]
Riding Establishments Act 1964 (c. 70) [PROSPECTIVE]
Industrial and Provident Societies Act 1965 (c. 12) [PROSPECTIVE]
Cereals Marketing Act 1965 (c. 14) [PROSPECTIVE]
Gas Act 1965 (c. 36) [PROSPECTIVE]
Armed Forces Act 1966 (c. 45) [PROSPECTIVE]
Agriculture Act 1967 (c. 22) [PROSPECTIVE]
Sea Fisheries (Shellfish) Act 1967 (c. 83) [PROSPECTIVE]
Theatres Act 1968 (c. 54) [PROSPECTIVE]
Theft Act 1968 (c. 60) [PROSPECTIVE]
Agriculture Act 1970 (c. 40) [PROSPECTIVE]
Breeding of Dogs Act 1973 (c. 60) [PROSPECTIVE]
Slaughterhouses Act 1974 (c. 3) [PROSPECTIVE]
National Health Service Act 1977 (c. 49) [PROSPECTIVE]
Magistrates' Courts Act 1980 (c. 43) [PROSPECTIVE]
Animal Health Act 1981 (c. 22) [PROSPECTIVE]
Fisheries Act 1981 (c. 29) [PROSPECTIVE]
Civil Aviation Act 1982 (c. 16) [PROSPECTIVE]
Mental Health Act 1983 (c. 20) [PROSPECTIVE]
Building Act 1984 (c. 55) [PROSPECTIVE]
Surrogacy Arrangements Act 1985 (c. 49) [PROSPECTIVE]
Animals (Scientific Procedures) Act 1986 (c. 14) [PROSPECTIVE]
Motor Cycle Noise Act 1987 (c. 34) [PROSPECTIVE]
Human Organ Transplants Act 1989 (c. 31) [PROSPECTIVE]
Town and Country Planning Act 1990 (c. 8) [PROSPECTIVE]
Environmental Protection Act 1990 (c. 43) [PROSPECTIVE]
Criminal Justice Act 1991 (c. 53) [PROSPECTIVE]
Deer Act 1991 (c. 54) [PROSPECTIVE]
Water Industry Act 1991 (c. 56) [PROSPECTIVE]
Social Security Administration Act 1992 (c. 5) [PROSPECTIVE]
Local Government Finance Act 1992 (c. 14) [PROSPECTIVE]
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) [PROSPECTIVE]
Merchant Shipping Act 1995 (c. 21) [PROSPECTIVE]
Reserve Forces Act 1996 (c. 14) [PROSPECTIVE]
Housing Act 1996 (c. 52) [PROSPECTIVE]
Broadcasting Act 1996 (c. 55) [PROSPECTIVE]
Breeding and Sale of Dogs (Welfare) Act 1999 (c. 11) [PROSPECTIVE]
Transport Act 2000 (c. 38) [PROSPECTIVE]
Close section
Schedule 26: Increase in maximum term for certain summary offences
Railway Regulation Act 1840 (c. 97) [PROSPECTIVE]
Licensing Act 1872 (c. 94) [PROSPECTIVE]
Regulation of Railways Act 1889 (c. 57) [PROSPECTIVE]
Witnesses (Public Inquiries) Protection Act 1892 (c. 64) [PROSPECTIVE]
Licensing Act 1902 (c. 28) [PROSPECTIVE]
Emergency Powers Act 1920 (c. 55) [PROSPECTIVE]
Judicial Proceedings (Regulation of Reports) Act 1926 (c. 61) [PROSPECTIVE]
Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6) [PROSPECTIVE]
Cinematograph Films (Animals) Act 1937 (c. 59) [PROSPECTIVE]
House to House Collections Act 1939 (c. 44) [PROSPECTIVE]
Fire Services Act 1947 (c. 41) [PROSPECTIVE]
National Assistance Act 1948 (c. 29)
Docking and Nicking of Horses Act 1949 (c. 70) [PROSPECTIVE]
Protection of Animals (Amendment) Act 1954 (c. 40) [PROSPECTIVE]
Children and Young Persons (Harmful Publications) Act 1955 (c. 28) [PROSPECTIVE]
Agriculture Act 1957 (c. 57) [PROSPECTIVE]
Animals (Cruel Poisons) Act 1962 (c. 26) [PROSPECTIVE]
Plant Varieties and Seeds Act 1964 (c. 14) [PROSPECTIVE]
Agriculture Act 1967 (c. 22) [PROSPECTIVE]
Firearms Act 1968 (c. 27) [PROSPECTIVE]
Agriculture (Miscellaneous Provisions) Act 1968 (c. 34) [PROSPECTIVE]
Agriculture Act 1970 (c. 40) [PROSPECTIVE]
Slaughterhouses Act 1974 (c. 3) [PROSPECTIVE]
Criminal Law Act 1977 (c. 45) [PROSPECTIVE]
Refuse Disposal (Amenity) Act 1978 (c. 3) [PROSPECTIVE]
Customs and Excise Management Act 1979 (c. 2) [PROSPECTIVE]
Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32) [PROSPECTIVE]
Criminal Attempts Act 1981 (c. 47) [PROSPECTIVE]
British Nationality Act 1981 (c. 61) [PROSPECTIVE]
Civil Aviation Act 1982 (c. 16) [PROSPECTIVE]
Anatomy Act 1984 (c. 14) [PROSPECTIVE]
Public Health (Control of Disease) Act 1984 (c. 22) [PROSPECTIVE]
County Courts Act 1984 (c. 28) [PROSPECTIVE]
Animal Health and Welfare Act 1984 (c. 40) [PROSPECTIVE]
Police and Criminal Evidence Act 1984 (c. 60) [PROSPECTIVE]
Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57) [PROSPECTIVE]
Public Order Act 1986 (c. 64) [PROSPECTIVE]
Road Traffic Offenders Act 1988 (c. 53) [PROSPECTIVE]
Official Secrets Act 1989 (c. 6) [PROSPECTIVE]
Human Organ Transplants Act 1989 (c. 31) [PROSPECTIVE]
Football Spectators Act 1989 (c. 37) [PROSPECTIVE]
Food Safety Act 1990 (c. 16) [PROSPECTIVE]
Deer Act 1991 (c. 54) [PROSPECTIVE]
Social Security Administration Act 1992 (c. 5) [PROSPECTIVE]
Criminal Justice and Public Order Act 1994 (c. 33) [PROSPECTIVE]
London Local Authorities Act 1995 (c. x) [PROSPECTIVE]
Police Act 1996 (c. 16) [PROSPECTIVE]
Treasure Act 1996 (c. 24) [PROSPECTIVE]
Education Act 1996 (c. 56) [PROSPECTIVE]
Government of Wales Act 1998 (c. 38) [PROSPECTIVE]
Access to Justice Act 1999 (c. 22) [PROSPECTIVE]
Greater London Authority Act 1999 (c. 29) [PROSPECTIVE]
Immigration and Asylum Act 1999 (c. 33) [PROSPECTIVE]
Financial Services and Markets Act 2000 (c. 8) [PROSPECTIVE]
Terrorism Act 2000 (c. 11) [PROSPECTIVE]
Criminal Justice and Police Act 2001 (c. 16) [PROSPECTIVE]
Police Reform Act 2002 (c. 30) [PROSPECTIVE]
Nationality, Immigration and Asylum Act 2002 (c. 41) [PROSPECTIVE]
Anti-social Behaviour Act 2003 (c. 38) [PROSPECTIVE]
Close section
Schedule 27: Enabling powers: alteration of maximum penalties etc. [PROSPECTIVE]
Plant Health Act 1967 (c. 8)
Agriculture Act 1967 (c. 22)
European Communities Act 1972 (c. 68)
Slaughterhouses Act 1974 (c. 3)
Anatomy Act 1984 (c. 14)
Environmental Protection Act 1990 (c. 43)
Scotland Act 1998 (c. 46)
Regulatory Reform Act 2001 (c. 6)
Close section
Schedule 28: Increase in penalties for drug-related offences
Misuse of Drugs Act 1971 (c. 38)
Customs and Excise Management Act 1979 (c. 2)
Criminal Justice (International Co-operation) Act 1990 (c. 5)
Schedule 29:
Schedule 30: Disqualification from working with children
Close section
Schedule 31: Default orders: modification of provisions relating to community orders
General [PROSPECTIVE]
Unpaid work requirement [PROSPECTIVE]
Curfew requirement [PROSPECTIVE]
Attendance centre requirement
Change of residence [PROSPECTIVE]
Enforcement, revocation and amendment of default order [PROSPECTIVE]
Power to alter amount of money or number of hours or days
Transfer of default orders to Scotland or Northern Ireland [PROSPECTIVE]
Close section
Schedule 32: Amendments relating to sentencing
Part 1: General
Children and Young Persons Act 1933 (c. 12)
Prison Act 1952 (c. 52)
Criminal Justice Act 1967 (c. 80)
Criminal Appeal Act 1968 (c. 19)
Firearms Act 1968 (c. 27)
Social Work (Scotland) Act 1968 (c. 49)
Children and Young Persons Act 1969 (c. 54)
Immigration Act 1971 (c. 77)
Thames Barrier and Flood Prevention Act 1972 (c. xiv) [PROSPECTIVE]
Rehabilitation of Offenders Act 1974 (c. 53)
Armed Forces Act 1976 (c. 52)
Bail Act 1976 (c. 63)
…
Magistrates' Courts Act 1980 (c. 43)
Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)
Public Passenger Vehicles Act 1981 (c. 14)
…
Criminal Justice Act 1982 (c. 48)
Mental Health Act 1983 (c. 20)
Repatriation of Prisoners Act 1984 (c. 47)
Police and Criminal Evidence Act 1984 (c. 60)
Criminal Justice Act 1988 (c. 33)
Firearms (Amendment) Act 1988 (c. 45)
Road Traffic Act 1988 (c. 52) [PROSPECTIVE]
Road Traffic Offenders Act 1988 (c. 53) [PROSPECTIVE]
Football Spectators Act 1989 (c. 37)
Children Act 1989 (c. 41)
Criminal Justice Act 1991 (c. 53)
…
Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)
Criminal Justice and Public Order Act 1994 (c. 33)
Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)
Criminal Procedure (Scotland) Act 1995 (c. 46)
Education Act 1996 (c. 56)
Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I.24))
Crime (Sentences) Act 1997 (c. 43)
Crime and Disorder Act 1998 (c. 37)
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
…
Criminal Justice and Court Services Act 2000 (c. 43)
International Criminal Court Act 2001 (c. 17)
Armed Forces Act 2001 (c. 19)
…
Sexual Offences Act 2003 (c. 42)
Part 2: Offences: abolition of imprisonment and conversion to summary offence
London Hackney Carriages Act 1843 (c. 86) [PROSPECTIVE]
Town Police Clauses Act 1847 (c. 89) [PROSPECTIVE]
Seamen's and Soldiers' False Characters Act 1906 (c. 5) [PROSPECTIVE]
Aliens Restriction (Amendment) Act 1919 (c. 92) [PROSPECTIVE]
Polish Resettlement Act 1947 (c. 19) [PROSPECTIVE]
Army Act 1955 (3 & 4 Eliz. 2 c. 18)
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
Naval Discipline Act 1957 (c. 53)
Slaughterhouses Act 1974 (c. 3) [PROSPECTIVE]
Water Industry Act 1991 (c. 56) [PROSPECTIVE]
Water Resources Act 1991 (c. 57) [PROSPECTIVE]
Transport Act 2000 (c. 38) [PROSPECTIVE]
Reserve Forces Act 1996 (c. 14)
Schedule 33: Jury service
Schedule 34: …
Close section
Schedule 34A: Child sex offences for purposes of section 327A
Offences under provisions repealed by Sexual Offences Act 2003
Other offences
General
Schedule 35: Criminal record certificates: amendments of Part 5 of Police Act 1997
Close section
Schedule 36: Further minor and consequential amendments
Part 1: Bail
Supreme Court Act 1981 (c. 54)
Police and Criminal Evidence Act 1984 (c. 60)
Part 2: Charging etc
Magistrates' Courts Act 1980 (c. 43) [PROSPECTOVE]
Prosecution of Offences Act 1985 (c. 23)
Criminal Justice and Public Order Act 1994 (c. 33) [PROSPECTIVE]
Drug Trafficking Act 1994 (c. 37) [PROSPECTIVE]
Merchant Shipping Act 1995 (c. 21) [PROSPECTIVE]
Terrorism Act 2000 (c. 11) [PROSPECTIVE]
Proceeds of Crime Act 2002 (c. 29)
Crime (International Co-operation) Act 2003 (c. 32) [PROSPECTIVE]
Part 3: Disclosure
Criminal Justice Act 1987 (c. 38)
Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I. 1988/1846 (N.I. 16))
Criminal Procedure and Investigations Act 1996 (c. 25)
Sexual Offences (Protected Material) Act 1997 (c. 39)
Part 4: Trials on indictment without a jury
Criminal Law Act 1967 (c. 58)
Criminal Justice Act 1967 (c. 80)
Criminal Law Act (Northern Ireland) 1967 (c. 18)
Criminal Appeal Act 1968 (c. 19)
Judicature (Northern Ireland) Act 1978 (c. 23)
Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
Supreme Court Act 1981 (c. 54)
Police and Criminal Evidence Act 1984 (c. 60)
Prosecution of Offences Act 1985 (c. 23)
Criminal Justice Act 1987 (c. 38)
Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I. 1988/1846 (N.I. 16))
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
Criminal Justice and Public Order Act 1994 (c. 33)
Criminal Procedure and Investigations Act 1996 (c. 25)
Crime and Disorder Act 1998 (c. 37)
Youth Justice and Criminal Evidence Act 1999 (c. 23)
Anti-terrorism, Crime and Security Act 2001 (c. 24)
Proceeds of Crime Act 2002 (c. 29)
Part 5: Evidence
Criminal Evidence Act 1898 (c. 36)
Army Act 1955 (c. 18)
Air Force Act 1955 (c. 19)
Naval Discipline Act 1957 (c. 53)
Armed Forces Act 1976 (c. 52)
Police and Criminal Evidence Act 1984 (c. 60)
Part 6: Miscellaneous
Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
Criminal Justice Act 1988 (c. 33)
Criminal Appeal Act 1995 (c. 35)
…
Close section
Schedule 37: Repeals
Part 1: Repeals relating to amendments of Police and Criminal Evidence Act 1984
Part 2: Bail
Part 3: Disclosure
Part 4: Allocation and sending of offences
Part 5: Evidence of bad character
Part 6: Hearsay evidence
Part 7: Sentencing: general
Part 8: Life sentences
Part 9: Alteration of penalties for summary offences
Part 10: Jury service
Part 11: Repeals relating to amendments of Part 5 of Police Act 1997
Part 12: Miscellaneous
Close section
Schedule 38: Transitory, transitional and saving provisions
Sentencing of offenders aged 18 but under 21
…
Drug treatment and testing orders [PROSPECTIVE]
Drug testing as part of supervision of young offenders after release [PROSPECTIVE]
Intermittent custody
Transfer to Scotland of community orders and suspended sentence orders
Close section
Criminal Justice and Court Services Act 2000
Close section
Part I: The New Services [ss.1-25]
Chapter I: National Probation Service for England and Wales [ss.1-10]
Chapter II: Children and Family Court Advisory and Support Service [ss.11-17]
Chapter III: General [ss.18-25]
Close section
Part II: Protection of Children [ss.26-42]
26: Meaning of “offence against a child”.
27: Equivalent armed forces offences.
28: Disqualification from working with children: adults.
29: Disqualification from working with children: juveniles.
29A: Disqualification at discretion of court: adults and juveniles
29B: Subsequent application for order under section 28 or 29
30: Sections 28 and 29 to 29B: supplemental.
31: Appeals.
32: Review of disqualification.
33: Conditions for application under section 32.
34: Restoration of disqualification order.
Effect of disqualification from working with children [ss.35-38]
Indecent conduct towards children [ss.39-40]
Indecent photographs of children: increase of maximum penalties [s.41]
General [s.42]
Close section
Part III: Dealing with offenders [ss.43-70]
Chapter I: Community sentences [ss.43-55]
Chapter II: Miscellaneous [ss.56-69]
Chapter III: Supplementary [s.70]
Close section
Part IV: General and supplementary [ss.71-82]
Chapter I: General [ss.71-75]
Chapter II: Supplementary [ss.76-82]
Schedule 1: Local probation boards
Close section
Schedule 1A: Further provision about the inspectorate
Delegation of functions
Inspection programmes and inspection frameworks
Inspections by other inspectors of organisations within inspectorate's remit
Co-operation
Joint action
Assistance for other public authorities
Joint inspection of courts
Close section
Schedule 2: Children and Family Court Advisory and Support Service
Constitution
Remuneration etc. of members
Procedure
Staff and other officers
Delegation
Payments to the Service
Supervision
Ancillary powers
Directions
Reports and accounts
Complaints
Status
General
Schedule 3: Transfer of property
Schedule 4: Meaning of “offence against a child”
Schedule 5: Amendments of the Sex Offenders Act 1997
Schedule 6: Trigger offences
Close section
Schedule 7: Minor and consequential amendments
Part I: New names
Part II: General
Schedule 8: Repeals
Close section
Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968
1: Power of court hearing certain appeals and applications to sit in private.
2: Restriction of publicity for legitimacy proceedings, etc., and certain proceedings by a wife for maintenance.
3: Provisions relating to Scotland.
4: Provisions relating to Northern Ireland.
5: Short title.
Close section
Domestic Proceedings and Magistrates' Courts Act 1978
Close section
Part I: Matrimonial Proceedings in Magistrates' Courts [ss.1-35]
Powers of court to make orders for financial provision for parties to a marriage and children of the family [ss.1-7]
Powers of court as to the custody etc. of children [ss.8-15]
Powers of the court to make orders for the protection of a party to a marriage or a child of the family [ss.16-18]
Interim orders [s.19]
Variation, revocation and cessation of orders etc. [ss.20-25]
Reconciliation [s.26]
Provisions relating to High Court and county court [ss.27-29]
Provisions relating to procedure, jurisdiction and enforcement [ss.30-35]
Close section
Part II: Amendments of the Guardianship of Minors Acts 1971 and 1973 [ss.36-48]
Amendment of provisions relating to the custody of minors [ss.36-40]
Amendment of provisions relating to orders for maintenance [ss.41-44]
General provisions [ss.45-48]
Close section
Part III: Amendments of other Enactments relating to Domestic Proceedings [ss.49-74]
Amendments of Affiliation Proceedings Act 1957 [ss.49-53]
Amendments of Maintenance Orders (Reciprocal Enforcement) Act 1972 [ss.54-60]
Amendments of the Matrimonial Causes Act 1973 [ss.62-63]
Amendments of the Children Act 1975 [ss.64-71]
Amendments of enactments relating to adoption [ss.72-74]
Close section
Part IV [ss.75-83]:
75: …
76: …
77: …
78: …
79: …
80: …
81: …
82: …
83: …
Close section
Part V: Supplementary Provisions [ss.84-90]
84: …
85: …
86: …
87: Expenses.
88: Interpretation.
89: Transitional provisions, amendments, repeals and commencement.
90: Short title and extent.
Schedule 1: Transitional Provisions
Close section
Schedule 2: Minor and Consequential Amendments
The Sheriff Courts (Scotland) Act 1907 (c. 51)
The Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)
The National Assistance Act 1948 (c. 29)
The Marriage Act 1949 (c. 76)
The Justices of the Peace Act 1949 (c. 101)
The Maintenance Orders Act 1950 (c. 37.)
The Affiliation Proceedings Act 1957 (c. 55)
The Adoption Act 1958 (7 & 8 Eliz. 2 c. 5)
The County Courts Act 1959 (c. 22)
The Health Services and Public Health Act 1968 (c. 46)
The Administration of Justice Act 1970 (c. 31)
The Local Authority Social Services Act 1970 (c. 42)
The Matrimonial Proceedings and Property Act 1970 (c. 45)
The Guardianship of Minors Act 1971 (c. 3)
The Attachment of Earnings Act 1971 (c. 32)
The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)
The Matrimonial Causes Act 1973 (c. 18)
The Guardianship Act 1973 (c. 29)
The Children Act 1975 (c. 72)
The Adoption Act 1976 (c. 36)
The Domestic Violence and Matrimonial Proceedings Act 1976 (c. 50)
The Supplementary Benefits Act 1976 (c. 71)
Schedule 3: Enactments Repealed
Close section
Domicile and Matrimonial Proceedings Act 1973
Close section
Part I: DOMICILE [ss.1-4]
Husband and wife [ss.1-2]
Minors and pupils [ss.3-4]
Close section
Part II: JURISDICTION IN MATRIMONIAL PROCEEDINGS (ENGLAND AND WALES) [ss.5-6]
5: Jurisdiction of High Court and family court.
6: Miscellaneous amendments, transitional provision and savings.
Close section
Part III: JURISDICTION IN CONSISTORIAL CAUSES (SCOTLAND) [ss.7-12]
7: Jurisdiction of Court of Session.
8: Jurisdiction of sheriff court in respect of actions for separation.
8A: Same sex marriages
9: …
10: Ancillary and collateral orders.
11: Sisting of certain actions.
12: Supplementary.
Close section
Part IV [ss.13-14]:
13: …
14: …
Close section
Part V: MISCELLANEOUS AND GENERAL [ss.15-17]
15: …
16: …
17: Citation, etc.
Close section
Schedule A1: Jurisdiction in relation to marriage of same sex couples
Introduction
Divorce, judicial separation or annulment
Presumption of death order
Declaration of validity
Power to make provision corresponding to EC Regulation 2201/2003
Interpretation
Close section
Schedule 1: STAYING OF MATRIMONIAL PROCEEDINGS (ENGLAND AND WALES)
Interpretation
Duty to furnish particulars of concurrent proceedings in another jurisdiction
Obligatory stays
Discretionary stays
Supplementary
Close section
Schedule 1B: JURISDICTION IN RELATION TO SAME SEX MARRIAGES (SCOTLAND)
Introduction
Power to make provision corresponding to EC Regulation 2201/2003
Divorce or separation
Declarator of marriage
Nullity of marriage
Recognition, or non-recognition, of foreign decrees
Supplementary provision
Close section
Schedule 2: ANCILLARY AND COLLATERAL ORDERS (SCOTLAND)
Part I: Enactments and rules of law referred to in section 10(1) and in Schedule 3 paragraph 11(1)
Part II: Further enactments and rules of law referred to in section 10(1)
Close section
Schedule 3: SISTING OF CONSISTORIAL ACTIONS (SCOTLAND)
Interpretation
Duty to furnish particulars of concurrent proceedings in another jurisdiction
Mandatory sists
Discretionary sists
Supplementary
Schedule 4: CONSEQUENTIAL AMENDMENTS OF SCOTTISH ENACTMENTS
Schedule 5: …
Schedule 6: Repeals
Close section
Family Law Act 1986
Close section
Part I: Child Custody [ss.1-53]
Chapter I: Preliminary [s.1]
Chapter II: Jurisdiction of Courts in England and Wales [ss.2-7]
Chapter III: Jurisdiction of Courts in Scotland [ss.8-18]
Chapter IV: Jurisdiction of Courts in Northern Ireland [ss.19-24]
Chapter V: Recognition and Enforcement [ss.25-32]
Chapter VI: Miscellaneous and Supplemental [ss.33-43]
Close section
Part II: Recognition of Divorces, Annulments and Legal Separations [ss.44-54]
Divorces, annulments and judicial separations granted in the British Islands [s.44]
Overseas divorces, annulments and legal separations [ss.45-48]
Supplemental [ss.49-54]
Close section
Part III: Declarations of Status [ss.55-63]
55: Declarations as to marital status.
55A: Declarations of parentage.
56: Declarations as to parentage, legitimacy or legitimation.
57: Declarations as to adoptions effected overseas.
58: General provisions as to the making and effect of declarations.
59: Provisions relating to the Attorney-General.
60: Supplementary provisions as to declarations.
61: Abolition of right to petition for jactitation of marriage.
62: Repeal of Greek Marriages Act 1884.
63: …
Close section
Part IV: Miscellaneous and General [ss.64-69]
64: …
65: Amendments of Child Abduction Act 1984.
66: …
67: Amendments of Child Abduction and Custody Act 1985.
68: Minor and consequential amendments, repeals and savings.
69: Short title, commencement and extent.
Close section
Schedule 1: Minor and Consequential Amendments Acts
ACTS
ORDERS
Schedule 2: Repeals
Close section
Family Law Act 1996
Close section
Part I: Principles of Parts II and III [s.1]
1: The general principles underlying section 22.
Close section
Part II: Divorce and Separation [ss.2-25]
Court orders [ss.2-4]
Marital breakdown [ss.5-6]
Reflection and consideration [ss.7-9]
Orders preventing divorce [s.10]
Welfare of children [s.11]
Supplementary [s.12]
Resolution of disputes [ss.13-14]
Financial provision [ss.15-18]
Jurisdiction and commencement of proceedings [ss.19-20]
Intestacy [s.21]
Marriage support services [s.22]
Interpretation [ss.24-25]
Close section
Part III: Legal Aid for Mediation in Family Matters
26: …
27: …
28: …
29: …
Close section
Part IV: Family Homes and Domestic Violence [ss.30-63]
Rights to occupy matrimonial or civil partnership home [ss.30-32]
Occupation orders [ss.33-41]
Non-molestation orders [ss.42-42A]
Further provisions relating to occupation and non-molestation orders [ss.43-49]
Enforcement powers of magistrates' courts [ss.50-51]
Interim care orders and emergency protection orders [s.52]
Transfer of tenancies [s.53]
Dwelling-house subject to mortgage [s.54]
Jurisdiction and procedure etc. [ss.57-61]
General [ss.62-63]
Close section
Part 4A: Forced marriage [ss.63A-63S]
Forced marriage protection orders [ss.63A-63CA]
Further provision about orders [ss.63D-63G]
Arrest for breach of orders [ss.63H-63L]
Jurisdiction and procedure [ss.63M-63P]
Supplementary [ss.63Q-63S]
Close section
Part V: Supplemental [ss.64-67]
64: Provision for separate representation for children. [PROSPECTIVE]
65: Rules, regulations and orders.
66: Consequential amendments, transitional provisions and repeals.
67: Short title, commencement and extent.
Schedule 1: Arrangements for the future [PROSPECTIVE]
Schedule 2: Financial provision [PROSPECTIVE]
Schedule 3: Stay of proceedings [PROSPECTIVE]
Close section
Schedule 4: Provisions supplementary to sections 30 and 31
Interpretation
Restriction on registration where spouse entitled to more than one charge
Contract for sale of house affected by registered charge to include term requiring cancellation of registration before completion
Cancellation of registration after termination of marriage or civil partnership, etc.
Release of home rights
Postponement of priority of charge
Close section
Schedule 5: Powers of High Court and county court to remand
Interpretation
Remand in custody or on bail
Further remand
Postponement of taking of recognizance
Schedule 6: Amendments of Children Act 1989
Close section
Schedule 7: Transfer of certain tenancies on divorce etc. or on separation of cohabitants
Part I: General
Part II: Orders that may be made
Part III: Supplementary provisions
Close section
Schedule 8: Minor and consequential amendments
Part I: Amendments connected with Part II
Part II: Amendments connected with Part III
Part III: Amendments connected with Part IV
Close section
Schedule 9: Modifications, saving and transitional
Transitional arrangements for those who have been living apart [PROSPECTIVE]
Modifications of enactments etc.
Expressions used in paragraphs 2 and 3
Proceedings under way [PROSPECTIVE]
Interpretation
Pending applications for orders relating to occupation and molestation
Pending applications under Schedule 1 to the Matrimonial Homes Act 1983
Existing orders relating to occupation and molestation
Matrimonial home rights
Schedule 10: Repeals
Close section
Family Law Reform Act 1969
Close section
Part I: Reduction of Age of Majority and Related Provisions [ss.1-13]
1: Reduction of age of majority from 21 to 18.
2: Provisions relating to marriage.
3: Provisions relating to wills and intestacy
4: …
5: Modification of other enactments relating to maintenance of children so as to preserve benefits up to age of 21.
6: …
7: …
8: Consent by persons over 16 to surgical, medical and dental treatment.
9: Time at which a person attains a particular age.
10: Modification of enactments relating to Duke of Cornwall and other children of Her Majesty.
11: Repeal of certain enactments relating to minors.
12: Persons under full age may be described as minors instead of infants.
13: …
Close section
Part II: Property Rights of Illegitimate Children [ss.14-19]
14: …
15: …
16: …
17: …
18: …
19: Policies of assurance and property in industrial and provident societies.
Close section
Part III: Provisions for use of Blood Tests in determining Paternity [ss.20-25]
20: Power of court to require use of blood tests.
21: Consents, etc., required for taking of bodily sample.
22: Power to provide for manner of giving effect to direction for use of scientific tests.
23: Failure to comply with direction for taking blood tests.
24: Penalty for personating another, etc., for purpose of providing bodily sample.
25: Interpretation of Part III.
Close section
Part IV: Miscellaneous and General [ss.26-28]
26: Rebuttal of presumption as to legitimacy and illegitimacy.
27: …
28: Short title, interpretation, commencement and extent.
SCHEDULES:
Close section
Schedule 1: Statutory Provisions Amended by Substituting 18 for 21 Years
Part I: Enactments
Part II: Rules, Regulations Etc.
Schedule 2: Statutory Provisions Unaffected by Section 1
Close section
Schedule 3: Transitional Provisions and Savings
Interpretation
Funds in court
Wardship and custody orders
Adoption orders
Power of trustees to apply income for maintenance of minor
Personal representatives' powers during minority of beneficiary
Accumulation periods
Limitation of actions
Statutory provisions incorporated in deeds, wills, etc.
Close section
Family Law Reform Act 1987
Close section
Part I: General Principle [s.1]
1: General principle.
Close section
Part II: Rights and Duties of Parents etc. [ss.2-17]
Parental rights and duties: general [ss.2-3]
Parental rights and duties where parents not married [ss.4-16]
Supplemental [s.17]
Close section
Part III: Property Rights [ss.18-21]
18: Succession on intestacy.
19: Dispositions of property.
20: No special protection for trustees and personal representatives.
21: Entitlement to grant of probate etc.
Close section
Part IV: Determination of Relationships [ss.22-23]
22: Declarations of parentage.
23: Provisions as to scientific tests.
Close section
Part V: Registration of Births [ss.24-26]
24: Registration of father where parents not married.
25: Re-registration where parents not married.
26: Re-registration after declaration of parentage.
Close section
Part VI: Miscellaneous and Supplemental [ss.27-34]
Miscellaneous [ss.27-29]
Supplemental [ss.30-34]
Close section
Schedule 1: TEXT OF 1971 ACT AS AMENDED
General principles
Appointment, removal and powers of guardians
Orders for custody and financial relief
Access to children by grandparents
Jurisdiction and Procedure
Appeals and procedure.
Supplementary
Close section
Schedule 2: MINOR AND CONSEQUENTIAL AMENDMENTS
The Maintenance Orders (Facilities for Enforcement) Act 1920 (c.33)
The Trustee Act 1925 (c.19)
The Administration of Estates Act 1925 (c.23)
The National Assistance Act 1948 (c.29)
The Marriage Act 1949 (c.76)
The Maintenance Orders Act 1950 (c. 37)
The Births and Deaths Registration Act 1953 (c. 20)
The Maintenance Orders Act 1958 (c. 39)
The Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 (c. 63)
The Family Law Reform Act 1969 (c. 46)
The Children and Young Persons Act 1969 (c.54)
The Administration of Justice Act 1970 (c.31)
The Guardianship of Minors Act 1971 (c.3)
The Attachment of Earnings Act 1971 (c.32)
The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c.18)
The Matrimonial Causes Act 1973 (c.18)
The Guardianship Act 1973 (c.29)
The Social Security Act 1975 (c.14)
The Children Act 1975 (c.72)
The Domestic Proceedings and Magistrates' Courts Act 1978 (c.22)
The Interpretation Act 1978 (c.30)
The Child Care Act 1980 (c.5)
The Magistrates' Courts Act 1980 (c.43)
The Civil Jurisdiction and Judgments Act 1982 (c.27)
The Child Abduction and Custody Act 1985 (c.60)
The Social Security Act 1986 (c.50)
The Family Law Act 1986 (c.55)
Close section
Schedule 3: Transitional Provisions and Savings
Applications pending under amended or repealed enactments
References to provisions of Adoption Act 1976
Affiliation orders
Property rights
Schedule 4: Repeals
Close section
Human Fertilisation and Embryology Act 1990
Principal terms used [ss.1-2B]
Activities governed by the Act [ss.3-4A]
The Human Fertilisation and Embryology Authority, its functions and procedure [ss.5-10]
Scope of licences [s.11]
Licence conditions [ss.12-15C]
Grant, revocation and suspension of licences [ss.16-22]
Directions and guidance [ss.23-26]
Status [ss.27-30]
Information [ss.31-35]
Mitochondrial donation [s.35A]
Fees [s.35B]
Surrogacy [s.36]
Abortion [S.37]
Conscientious objection [s.38]
Enforcement [ss.38A-40]
Offences [ss.41-42]
Miscellaneous and General [ss.42A-49]
Close section
Schedule 1: The Authority: Supplementary Provisions
Status and capacity
Expenses
Appointment of members
Tenure of office
Disqualification of members of Authority for House of Commons and Northern Ireland Assembly
Remuneration and pensions of members
Staff
Proceedings
Instruments
Investigation by Parliamentary Commissioner
Application of Statutory Instruments Act 1946
Close section
Schedule 2: Activities for which licences may be granted
Licences for treatment
Embryo testing
Sex selection
Power to amend paragraphs 1ZA and 1ZB
Licences for non-medical fertility services
Licences for storage
Licences for research
Purposes for which activities may be licensed under paragraph 3
General
Close section
Schedule 3: Consents to use OR STORAGE OF GAMETES, EMBRYOS OR HUMAN ADMIXED EMBRYOS ETC
Consent
Procedure for giving consent
Variation and withdrawal of consent
Use of gametes for treatment of others
In vitro fertilisation and subsequent use of embryo
Embryos obtained by lavage, etc.
Storage of gametes and embryos
Cases where consent not required for storage
Renewal of consent to storage of gametes
Renewal of consent to storage of embryos
Creation, use and storage of human admixed embryos
Parental consent conditions
Adults lacking capacity: exemption relating to use of human cells etc.
Consent to use of human cells etc. not required: adult lacking capacity
Consulting carers etc. in case of adult lacking capacity
Effect of acquiring capacity
Use of cells or cell lines in existence before relevant commencement date
Conditions for grant of exemption in paragraph 20
Interpretation
Close section
Schedule 3ZA: CIRCUMSTANCES IN WHICH OFFER OF COUNSELLING REQUIRED AS CONDITION OF LICENCE FOR TREATMENT
Part 1: Kinds of treatment in relation to which counselling must be offered
Part 2: Events in connection with which counselling must be offered
Close section
Schedule 3A: SUPPLEMENTARY LICENCE CONDITIONS: HUMAN APPLICATION
Traceability system
Serious adverse events and serious adverse reactions: Great Britain
Serious adverse events and serious adverse reactions: Northern Ireland
Third party agreements and termination of licensed activities
Requirements for procurement of gametes and embryos
Selection criteria and laboratory tests required for donors of reproductive cells
Donation and procurement procedures and reception at the tissue establishment
Requirements for holding a licence under paragraph 1, 1A or 2 of Schedule 2
Requirements for holding a licence for gametes and embryo preparation processes
Modifications to the first, second and third Directives
Interpretation of this Schedule
Close section
Schedule 3AA: Requirements where gametes or embryos imported from third country
Directions
Modifications to the fourth Directive
Interpretation of this Schedule
Close section
Schedule 3B: Inspection, entry, search and seizure
Inspection of statutory records
Inspection of documents held by an importing licensee
Arranging inspections
Entry and inspection of premises
Entry and search in connection with suspected offence
Execution of warrants
Seizure in the course of inspection or search
Supplementary provision
Enforcement
Interpretation
Close section
Schedule 4: Minor and Consequential Amendments
Family Law Reform Act 1969 (c. 46.)
Social Security Act 1975 (c. 14.)
Social Security (Northern Ireland) Act 1975 (c. 15.)
Adoption Act 1976 (c. 36.)
Family Law Reform (Northern Ireland) Order 1977 (S. I. 1977/1250 (N. I. 17))
Adoption (Scotland) Act 1978 (c. 28.)
Adoption (Northern Ireland) Order 1987 (S. I. 1987/2203 (N. I. 22))
Human Organ Transplants Act 1989 (c. 31.)
Human Organ Transplants (Northern Ireland) Order 1989 (S.I. 1989/2408 (N.I. 21)
Close section
Human Fertilisation and Embryology Act 2008
Close section
Part 1: Amendments of the Human Fertilisation and Embryology Act 1990 [ss.1-32]
Principal terms used in the 1990 Act [ss.1-2]
Activities governed by the 1990 Act [ss.3-4]
The Human Fertilisation and Embryology Authority [ss.5-10]
Scope of licences [s.11]
Licence conditions [ss.12-15]
Grant, revocation and suspension of licences [ss.16-21]
Directions and guidance [ss.22-23]
Information [ss.24-25]
Mitochondrial donation [s.26]
Miscellaneous [ss.27-32]
Close section
Part 2: Parenthood in cases involving assisted reproduction [ss.33-58]
Meaning of “mother” [s.33]
Application of sections 35 to 47 [s.34]
Meaning of “father” [ss.35-41]
Cases in which woman to be other parent [ss.42-47]
Effect of sections 33 to 47 [s.48]
References to parties to marriage or civil partnership [ss.49-50]
Further provision about registration by virtue of section 39, 40 or 46 [ss.51-52]
Interpretation of references to father etc. where woman is other parent [s.53]
Parental orders [ss.54-55]
Amendments of enactments [s.56]
General [ss.57-58]
Close section
Part 3: Miscellaneous and General
Miscellaneous [ss.59-60]
General [ss.61-69]
Schedule 1: Amendments to Schedule 1 to the 1990 Act relating to membership of the Authority
Close section
Schedule 2: Activities that may be licensed under the 1990 Act
Introductory
Licences for treatment
Embryo testing and sex selection
Licences for non-medical fertility services
Licences for storage
Licences for research
Close section
Schedule 3: Consent to use or storage of gametes, embryos or human admixed embryos etc.
Introductory
General requirements as to consent
Terms of consent
Information to be given to a person giving consent
Variation and withdrawal of consent
Withdrawal of consent to storage: notification of interested persons
Application of consent provisions to non-medical fertility services
In vitro fertilisation and subsequent use of embryo
Use of embryos obtained by lavage etc.
Consents in relation to storage
Creation, use and storage of human admixed embryos
Cases where human cells etc. can be used without consent of person providing them
Interpretation
Schedule 4: Schedule inserted in the 1990 Act as Schedule 3ZA
Schedule 5: Schedule inserted in the 1990 Act as Schedule 3B
Close section
Schedule 6: Amendments relating to parenthood in cases involving assisted reproduction
Part 1: General
Part 2: Enactments relating only to Scotland
Part 3: Enactments relating only to Northern Ireland
Close section
Schedule 7: Minor and consequential amendments
Congenital Disabilities (Civil Liability) Act 1976 (c. 28)
Human Fertilisation and Embryology Act 1990 (c. 37)
Age of Legal Capacity (Scotland) Act 1991 (c. 50)
Children (Scotland) Act 1995 (c. 36)
Adults with Incapacity (Scotland) Act 2000 (asp 4)
Criminal Justice and Police Act 2001 (c. 16)
Human Tissue Act 2004 (c. 30)
Mental Capacity Act 2005 (c. 9)
Close section
Schedule 8: Repeals and revocations
Part 1: Repeals
Part 2: Revocations
Close section
Human Fertilisation and Embryology (Deceased Fathers) Act 2003
1: Certain deceased men to be registered as fathers
2: Consequential and supplementary provision
3: Retrospective, transitional and transitory provision
4: Short title, commencement and extent
Close section
Schedule: Consequential amendments
Births and Deaths Registration Act 1953 (c. 20)
Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49)
Births and Deaths Registration (Northern Ireland) Order 1976 (S.I. 1976/1041 (N.I.14))
Adoption (Scotland) Act 1978 (c. 28)
Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I.22))
Human Fertilisation and Embryology Act 1990 (c. 37)
Adoption and Children Act 2002 (c. 38)
Close section
Human Rights Act 1998
Close section
Introduction [ss.1-2]
1: The Convention Rights.
2: Interpretation of Convention rights.
Close section
Legislation [ss.3-5]
3: Interpretation of legislation.
4: Declaration of incompatibility.
5: Right of Crown to intervene.
Close section
Public authorities [ss.6-9]
6: Acts of public authorities.
7: Proceedings.
7A: Limitation: overseas armed forces proceedings
8: Judicial remedies.
9: Judicial acts.
Close section
Remedial action [s.10]
10: Power to take remedial action.
Close section
Other rights and proceedings [ss.11-13]
11: Safeguard for existing human rights.
12: Freedom of expression.
13: Freedom of thought, conscience and religion.
Close section
Derogations and reservations [ss.14-17]
14: Derogations.
15: Reservations.
16: Period for which designated derogations have effect.
17: Periodic review of designated reservations.
Close section
Judges of the European Court of Human Rights [s.18]
18: Appointment to European Court of Human Rights.
Close section
Parliamentary procedure [s.19]
19: Statements of compatibility.
Close section
Supplemental [ss.20-22]
20: Orders etc. under this Act.
21: Interpretation, etc.
22: Short title, commencement, application and extent.
Close section
Schedule 1: The Articles
Part I: The Convention
Part II: The First Protocol
Part 3:
Part III: The Sixth Protocol
Close section
Schedule 2: Remedial Orders
Orders
Procedure
Orders laid in draft
Urgent cases
Definitions
Calculating periods
Close section
Schedule 3: Derogation and Reservation
Part I: DEROGATION
Part II: Reservation
Close section
Schedule 4: Judicial Pensions
Duty to make orders about pensions
Contributions
Amendments of other enactments
Definitions
Close section
Inheritance (Provision for Family and Dependants) Act 1975
1: Application for financial provision from deceased's estate.
2: Powers of court to make orders.
3: Matters to which court is to have regard in exercising powers under s. 2.
4: Time-limit for applications.
5: Interim orders.
6: Variation, discharge etc. of orders for periodical payments.
7: Payment of lump sums by instalments.
Close section
Property available for financial provision [ss.8-9]
8: Property treated as part of “net estate”.
9: Property held on a joint tenancy.
Close section
Powers of court in relation to transactions intended to defeat applications for financial provision [ss.10-13]
10: Dispositions intended to defeat applications for financial provision.
11: Contracts to leave property by will.
12: Provisions supplementary to ss. 10 and 11.
13: Provisions as to trustees in relation to ss. 10 and 11.
Close section
Special provisions relating to cases of divorce, separation etc. [ss.14-18A]
14: Provision as to cases where no financial relief was granted in divorce proceedings etc.
14A: Provision as to cases where no financial relief was granted in proceedings for the dissolution etc. of a civil partnership
15: Restriction imposed in divorce proceedings etc. on application under this Act.
15ZA: Restriction imposed in proceedings for the dissolution etc. of a civil partnership on application under this Act
15A: Restriction imposed in proceedings under Matrimonial and Family Proceedings Act 1984 on application under this Act.
15B: Restriction imposed in proceedings under Schedule 7 to the Civil Partnership Act 2004 on application under this Act
16: Variation and discharge of secured periodical payments orders made under Matrimonial Causes Act 1973.
17: Variation and revocation of maintenance agreements.
18: Availability of court's powers under this Act in applications under ss. 31 and 36 of the Matrimonial Causes Act 1973.
18A: Availability of court's powers under this Act in applications under paragraphs 60 and 73 of Schedule 5 to the Civil Partnership Act 2004
Close section
Miscellaneous and supplementary provisions [ss.19-27]
19: Effect, duration and form of orders.
20: Provisions as to personal representatives.
21: …
22: …
23: Determination of date on which representation was first taken out
24: Effect of this Act on s. 46(1)(vi) of Administration of Estates Act 1925.
25: Interpretation.
26: Consequential amendments, repeals and transitional provisions.
27: Short title, commencement and extent.
SCHEDULE: ENACTMENTS REPEALED
Close section
Law of Property Act 1925
Close section
Part I: General Principles as to Legal Estates, Equitable Interests and Powers [ss.1-39]
1: Legal estates and equitable interests.
2: Conveyances overreaching certain equitable interests and powers.
3: Manner of giving effect to equitable interests and powers.
4: Creation and disposition of equitable interests.
5: Satisfied terms, whether created out of freehold or leasehold land to cease.
6: Saving of lessors' and lessees' covenants.
7: Saving of certain legal estates and statutory powers.
8: Saving of certain legal powers to lease.
9: Vesting orders and dispositions of legal estates operating as conveyances by an estate owner.
10: Title to be shown to legal estates.
11: Registration in Middlesex and Yorkshire as respects legal estates.
12: Limitation and Prescription Acts.
13: Effect of possession of documents.
14: Interests of persons in possession.
15: Presumption that parties are of full age.
Death Duties [ss.16-18]
Infants and Lunatics [ss.19-22]
… [s.23]
Trusts of land [ss.24-33]
Undivided Shares and Joint Ownership [ss.34-38]
Transitional Provisions [s.39]
Close section
Part II: Contracts, Conveyances and other Instruments [ss.40-84]
Contracts [ss.40-50]
Conveyances and other Instruments [ss.51-75]
Covenants [ss.76-84]
Close section
Part III: Mortgages, Rentcharges, and Powers of Attorney [ss.85-129]
Mortgages [ss.85-120]
Rentcharges [ss.121-122]
Powers of Attorney [ss.123-129]
Close section
Part IV: Equitable Interests and things in Action [ss.130-138]
130: Entailed interests in real and personal property.
131: Abolition of the rule in Shelley's case.
132: As to heirs taking by purchase.
133: …
134: Restriction on executory limitations.
135: Equitable waste.
136: Legal assignments of things in action.
137: Dealings with life interests, reversions and other equitable interests.
138: Power to nominate a trust corporation to receive notices.
Close section
Part V: Leases and Tenancies [ss.139-154]
139: Effect of extinguishment of reversion.
140: Apportionment of conditions on severance.
141: Rent and benefit of lessee's covenants to run with the reversion.
142: Obligation of lessor's covenants to run with reversion.
143: Effect of licences granted to lessees.
144: No fine to be exacted for licence to assign.
145: Lessee to give notice of ejectment to lessor.
146: Restrictions on and relief against forfeiture of leases and underleases.
147: Relief against notice to effect decorative repairs.
148: Waiver of a covenant in a lease.
149: Abolition of interesse termini, and as to reversionary leases and leases for lives.
150: Surrender of a lease, without prejudice to underleases with a view to the grant of a new lease.
151: Provision as to attornments by tenants.
152: Leases invalidated by reason of non-compliance with terms of powers under which they are granted.
153: Enlargement of residue of long terms into fee simple estates.
154: Application of Part V. to existing leases.
Close section
Part VI: Powers [ss.155-160]
155: Release of powers simply collateral.
156: Disclaimer of power.
157: Protection of purchasers claiming under certain void appointments.
158: Validation of appointments where objects are excluded or take illusory shares.
159: Execution of powers not testamentary.
160: Application of Part VI. to existing powers.
Close section
Part VII: Perpetuities and Accumulations [ss.161-166]
Perpetuities [ss.161-163]
Accumulations [ss.164-166]
Close section
Part VIII: Married Women and Lunatics [ss.167-171]
167: …
168: …
169: …
170: …
171: …
Close section
Part IX: Voidable Dispositions [ss.172-174]
172: …
173: Voluntary disposition of land how far voidable as against purchasers.
174: Acquisitions of reversions at an under value.
Close section
Part X: Wills [ss.175-179]
175: Contingent and future testamentary gifts to carry the intermediate income.
176: Power for tenant in tail in possession to dispose of property by specific devise or bequest.
177: …
178: …
179: Prescribed forms for reference in wills.
Close section
Part XI: Miscellaneous [ss.180-200]
Miscellaneous [ss.180-189]
Redemption and Apportionment of Rents, &c. [ss.190-192]
Commons and Waste Lands [ss.193-194]
Judgments, &c. affecting Land [s.195]
Notices [ss.196-200]
Close section
Part XII: Construction, Jurisdiction, and General Provisions [ss.201-209]
201: Provisions of Act to apply to incorporeal hereditaments.
202: Provisions as to enfranchisement of copyholds, &c.
203: Payment into court, jurisdiction and procedure.
204: Orders of court conclusive.
205: General definitions.
206: Forms of instruments and examples of abstracts.
207: Repeals as respects England and Wales.
208: Application to the Crown.
209: Short title, commencement, and extent.
SCHEDULES:
Close section
FIRST SCHEDULE: Transitional Provisions
Part I: Conversion of certain existing Legal Estates into Equitable Interests
Part II: Vesting of Legal Estates
Part III: Provisions as to Legal Estate vested in Infant
Part IV: Provisions subjecting Land held in Undivided Shares to a Trust for Sale
Part V: Provisions as to Party Structures and Open Spaces
Part VI: Conversion of Tenancies by entireties into Joint Tenancies
Part VII: Conversion of existing Freehold Mortgages into Mortgages by Demise
Part VIII: Conversion of existing Leasehold Mortgages into Mortgages by subdemise
Close section
SECOND SCHEDULEE: Implied Covenants
Part I:
Part II:
Part III:
Part IV:
Part V:
Part VI:
Part VII: Covenant implied in a Conveyance for valuable consideration, other than a Mortgage, of the Entirety of Land affected by a Rentcharge
Part VIII: Covenants implied in a Conveyance for valuable Consideration, other than a Mortgage, or Part of Land affected by a Rentcharge, subject to a Part (not legally apportioned) of that Rentcharge
Part IX: Covenant in a Conveyance for valuable Consideration, other than a Mortgage, of the Entirety of the Land comprised in a Lease for the Residue of the Term or Interest created by the Lease
Part X: Covenants implied in a Conveyance for valuable Consideration, other than a Mortgage, or Part of the Land comprised in a Lease, for the Residue of the Term or Interest created by the Lease, subject to a Part (not legally apportioned) of that Rent
THIRD SCHEDULEE: Forms of Transfer and Discharge of Mortgages
FOURTH SCHEDULE: Forms relating to Statutory Charges or Mortgages of Freehold or Leasehold Land
FIFTH SCHEDULEE: Forms of Instruments
SIXTH SCHEDULEE: Epitomes of Abstracts of Title
SEVENTH SCHEDULE:
Close section
Legitimacy Act 1976
A1: Legitimacy of children of civil partners
1: Legitimacy of children of certain void marriages and civil partnerships.
2: Legitimation by subsequent marriage or civil partnership of mother and father.
2A: Legitimation by subsequent marriage or civil partnership of parents
3: Legitimation by extraneous law.
4: Legitimation of adopted child.
5: Rights of legitimated persons and others to take interests in property.
6: Dispositions depending on date of birth.
7: Protection of trustees and personal representatives.
8: Personal rights and obligations.
9: Re-registration of birth of legitimated person.
10: Interpretation.
11: Savings, amendments and repeals.
12: Short title, commencement and extent.
Close section
Schedule 1: Savings and Consequential Amendments
Savings
Consequential Amendments
Schedule 2: Enactments Repealed
Close section
Local Authority Social Services Act 1970
1: Local authorities.
1A: Meaning of “social services functions”.
2: Local authority to establish social services committee.
3: Business of Social Services Committee.
3A: Power of local authority to refer or delegate to social services committee.
4: Joint committees and sub-committees.
5: Membership of committees and sub-committees.
6: The director of social services.
7: Local authorities to exercise social services functions under guidance of Secretary of State.
7A: Directions by the Secretary of State as to exercise of social services functions.
7B: Complaints procedure
7C: Inquiries
7D: Default powers of Secretary of State as respects social services functions of local authorities.
7E: Grants to local authorities in respect of social services for the mentally ill.
8: …
9: Protection of interests, etc. of local authority staffs.
10: …
11: …
12: Isles of Scilly.
13: Orders and regulations.
14: Minor and consequential amendments, repeals and saving for certain schemes.
15: Citation, interpretation, commencement and extent.
Schedule 1: SOCIAL SERVICES FUNCTIONS
Close section
Schedule 2: Minor and Consequential Amendments of Enactments
The Children and Young Persons Act 1933 (c. 12)
The Children and Young Persons Act 1963 (c. 37)
The Chronically Sick and Disabled Persons Act 1970 (c. 44)
Schedule 3: Repeals
Close section
Magistrates' Courts Act 1980
Close section
Part I: Criminal Jurisdiction and Procedure [ss.1-50]
Jurisdiction to issue process and deal with charges [ss.1-3B]
Committal proceedings [ss.4-8]
Pre-trial hearings [ss.8A-8D]
Summary trial of information [ss.9-16]
Trial by single justice on the papers [ss.16A-27]
Transfer of criminal proceedings [ss.27A-28]
Power to remit person under 17 for trial to juvenile court [s.29]
Remand for medical examination [s.30]
Powers in respect of offenders [ss.31-40]
Miscellaneous [ss.41-50]
Close section
Part II: Civil Jurisdiction and Procedure [ss.51-74]
Jurisdiction to issue summons and deal with complaints [ss.51-52]
Hearing of complaint [ss.53-57]
Transfer of civil proceedings (other than family proceedings) [s.57A]
Civil debt [s.58]
Orders for periodical payment [ss.59-61]
Payments to children [s.62]
Orders other than for payment of money [s.63]
Costs [s.64]
Domestic proceedings [ss.65-74]
Close section
Part III: Satisfaction and Enforcement [ss.75-96A]
General provisions [ss.75-80]
Sums adjudged to be paid by a conviction [ss.81-91]
Sums adjudged to be paid by an order [ss.92-96A]
Close section
Part IV: Witnesses and Evidence [ss.97-107]
Procuring attendance of witness [ss.97-97A]
Evidence generally [ss.98-101]
Evidence in criminal cases [ss.102-105]
Offences [ss.106-107]
Close section
Part V: Appeal and Case Stated [ss.108-114]
Appeal [ss.108-110]
Case stated [ss.111-112]
Supplemental provisions as to appeal and case stated [ss.113-114]
Close section
Part VI: Recognizances [ss.115-120]
Recognizances to keep the peace or be of good behaviour [ss.115-116]
Other provisions [ss.117-120]
Close section
Part VII: Miscellaneous and Supplementary [ss.121-155]
Constitution and place of sitting of magistrates' courts [s.121]
Appearance by counsel or solicitor [s.122]
Process [ss.123-126]
Limitation of time [s.127]
Remand [ss.128-131]
Restrictions on imprisonment [ss.132-133]
Detention for short periods [ss.134-136]
Fees, fines, forfeitures, etc. [ss.137-140]
Clerks to justices [s.141]
Power to rectify mistakes etc. [s.142]
Power to alter sums specified in certain provisions [s.143]
Rules [ss.144-145A]
Rules about youth courts [s.146]
Occasional court-houses [s.147]
Interpretation [ss.148-150]
Miscellaneous [ss.151-153]
Repeals, short title, etc. [ss.154-155]
SCHEDULES:
Schedule 1: OFFENCES TRIABLE EITHER WAY BY VIRTUE OF SECTION 17
Schedule 2: OFFENCES FOR WHICH THE VALUE INVOLVED IS RELEVANT TO THE MODE OF TRIAL
Schedule 3: CORPORATIONS
Schedule 4: MAXIMUM PERIODS OF IMPRISONMENT IN DEFAULT OF PAYMENT
Close section
Schedule 4A: Powers of authorised officers executing warrants
Meaning of “authorised officer” etc
Entry to execute warrant of arrest etc
Entry to levy distress
Searching arrested persons
Use of force
Schedule 5: TRANSFER OF REMAND HEARINGS
Schedule 6:
Schedule 6A: FINES THAT MAY BE ALTERED UNDER SECTION 143
Close section
Schedule 7: CONSEQUENTIAL AMENDMENTS
Summary Jurisdiction Act 1857 (20 & 21 Vict. c. 43)
Criminal Law Amendment Act 1867 (30 & 31 Vict. c. 35)
Gun Barrel Proof Act 1868 (c. cxiii)
Criminal Justice Act 1925 (15 & 16 Geo. 5 c. 86)
Children and Young Persons Act 1933 (23 & 24 Geo. 5 c. 12)
Criminal Justice Act 1948 (11 & 12 Geo. 6 c. 58)
Maintenance Orders Act 1950 (14 Geo. 6 c. 37)
Rag Flock and Other Filling Materials Act 1951 (14 & IS Geo. 6 c. 63)
Pharmacy Act 1954 (2 & 3 Eliz. 2 c. 61)
Mines and Quarries Act 1954 (2 & 3 Eliz. 2 c. 70)
Army Act 1955 (3 & 4 Eliz. 2 c. 18)
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
Magistrates' Courts (Appeals from Binding Over Orders) Act 1956 (4 & 5 Eliz. 2 c. 44)
Sexual Offences Act 1956 (4 & 5 Eliz. 2 c. 69)
Affiliation Proceedings Act 1957 (5 & 6 Eliz. 2 c. 55)
Maintenance Orders Act 1958 (6 & 7 Eliz. 2 c. 39)
Adoption Act 1958 (7 Eliz. 2 c. 5)
Manoeuvres Act 1958 (7 & 8 Eliz. 2 c. 7)
Street Offences Act 1959 (7 & 8 Eliz. 2 c. 57)
Road Traffic Act 1960 (8 & 9 Eliz. 2 c. 16)
Administration of Justice Act 1960 (8 & 9 Eliz. 2 c. 65)
Factories Act 1961 (9 & 10 Eliz. 2 c. 34)
Criminal Justice Act 1961 (9 & 10 Eliz. 2 c.39)
Plant Varieties and Seeds Act 1964 (c. 14)
Licensing Act 1964 (c. 26)
Administration of Justice Act 1964 (c. 42)
Finance Act 1965 (c. 25)
Gas Act 1965 (c. 36)
Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)
Criminal Procedure (Attendance of Witnesses) Act 1965 (c. 69)
Criminal Law Act 1967 (c. 58)
Wireless Telegraphy Act 1967 (c. 72)
Criminal Justice Act 1967 (c. 80)
Companies Act 1967 (c. 81)
Criminal Appeal Act 1968 (c. 19)
Firearms Act 1968 (c. 27)
Trade Descriptions Act 1968 (c. 29)
Civil Evidence Act 1968 (c. 64)
Medicines Act 1968 (c. 67)
Sea Fisheries Act 1968 (c. 77)
Children and Young Persons Act 1969 (c. 54)
Administration of Justice Act 1970 (c. 31)
Merchant Shipping Act 1970 (c. 36)
Guardianship of Minors Act 1971 (c. 3)
Vehicles (Excise) Act 1971 (c. 10)
Courts Act 1971 (c. 23)
Attachment of Earnings Act 1971 (c. 32)
Misuse of Drugs Act 1971 (c. 38)
Fire Precautions Act 1971 (c. 40)
Immigration Act 1971 (c. 77)
Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)
Civil Evidence Act 1972 (c. 30)
Criminal Justice Act 1972 (c. 71)
Guardianship Act 1973 (c. 29)
Fair Trading Act 1973 (c. 41)
Powers of Criminal Courts Act 1973 (c. 62)
Slaughterhouses Act 1974 (c. 3)
Control of Pollution Act 1974 (c. 40)
Friendly Societies Act 1974 (c. 46)
Solicitors Act 1974 (c. 47)
Insurance Companies Act 1974 (c. 49)
Rehabilitation of Offenders Act 1974 (c. 53)
Social Security Act 1975 (c. 14)
Criminal Procedure (Scotland) Act 1975 (c. 21)
Children Act 1975 (c. 72)
Prevention of Terrorism (Temporary Provisions) Act 1976 (c. 8)
Restrictive Trade Practices Act 1976 (c. 34)
Adoption Act 1976 (c. 36)
Bail Act 1976 (c. 63)
Land Drainage Act 1976 (c.70)
Sexual Offences (Amendment) Act 1976 (c. 82)
Criminal Law Act 1977 (c. 45)
Civil Aviation Act 1978 (c. 8)
Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)
Nuclear Safeguards and Electricity (Finance) Act 1978 (c. 25)
Interpretation Act 1978 (c. 30)
Theft Act 1978 (c. 31)
Protection of Children Act 1978 (c. 37)
Employment Protection (Consolidation) Act 1978 (c. 44)
Customs and Excise Management Act 1979 (c. 2)
Customs and Excise Duties (General Reliefs) Act 1979 (c. 3)
Alcoholic Liquor Duties Act 1979 (c. 4)
Hydrocarbon Oils Duties Act 1979 (c. 5)
Agricultural Statistics Act 1979 (c. 13)
Credit Unions Act 1979 (c. 34)
Estate Agents Act 1979 (c. 38)
Merchant Shipping Act 1979 (c. 39)
Ancient Monuments and Archeological Areas Act 1979 (c. 46)
Justices of the Peace Act 1979 (c. 55)
Isle of Man Act 1979 (c. 58)
…
Foster Children Act 1980 (c. 6)
Residential Homes Act 1980 (c. 7)
Reserve Forces Act 1980 (c. 9)
Protection of Trading Interests Act 1980 (c. 11)
Competition Act 1980 (c. 21)
Companies Act 1980 (c. 22)
Close section
Schedule 8: TRANSITIONAL PROVISIONS AND SAVINGS
Interpretation
Proceedings commenced before appointed day
Offences committed before appointed day
Other matters: general
Saving for transitionals in orders
Savings of amendments
Savings for Local Government Act 1972
Scottish saving
Schedule 9: REPEALS
Close section
Marriage Act 1949
Close section
Part I: Restrictions on Marriage [ss.1-4]
1: Marriages within prohibited degrees.
2: Marriages of persons under sixteen.
3: Marriages of persons under twenty-one.
4: …
Close section
Part II: Marriage according to Rites of the Church of England [ss.5B-25]
Preliminary [ss.5-5B]
Marriage by banns [ss.6-14]
Marriage by Common Licence [ss.15-16]
Marriage under marriage schedule [s.17]
Publication of banns and solemnization of marriages during disuse of churches [ss.18-19]
Licensing of chapels for publication of banns and solemnization of marriages [ss.20-21]
Issue of marriage document after publication of banns or the grant of a special or common licence [s.21A]
Miscellaneous Provisions [ss.22-25]
Close section
Part III: Marriage under marriage schedule [ss.26-52]
Issue of a marriage schedule [ss.26-40]
Marriages in registered buildings [ss.41-44D]
Marriages in register offices [ss.45-46]
Marriages on approved premises [ss.46A-46B]
Marriages according to usages of Society of Friends [s.47]
Miscellaneous Provisions [ss.48-52]
Close section
Part IV: Registration of Marriages [ss.53-67]
53: …
53A: Register of marriages
53B: Signing of a marriage document
53C: Signing of a marriage schedule
53D: Registration of marriage
53E: Registration of marriage where documentation lost or destroyed
54: …
55: …
56: …
57: …
58: …
59: …
60: …
61: …
62: …
63: Searches in register books.
64: Searches of indexes kept by superintendent registrars
65: Searches of indexes kept by Registrar General.
65A: Searches and records of information: additional provision
66: Sending documents by post.
67: Interpretation of Part IV.
Close section
Part V: Marriages in Naval, Military, and Air Force Chapels [ss.68-71]
68: Solemnization of marriages in naval, military, and air force chapels.
69: Licensing of chapels for marriages according to rites of Church of England.
70: Registration of chapels for marriages otherwise than according to rites of Church of England.
70A: Registration of chapels for marriages of same sex couples otherwise than according to rites of Church of England
71: Evidence of marriages under Part V.
Close section
Part VI: General [ss.71A-80]
71A: Fees
72: Supplementary provisions as to marriages in usual places of worship.
73: Lists of licensed chapels and registered buildings.
74: Regulations and approval of electronic forms etc.
75: Offences relating to solemnization of marriages.
76: Offences relating to registration of marriages.
76A: Offence of failing to attend premises in compliance with a section 53D(8) or section 53E(10) notice
77: Offences by authorised persons.
78: Interpretation.
79: Repeals and savings.
80: Short title, extent and commencement.
Close section
FIRST SCHEDULE: Kindred and Affinity
Part I: Prohibited degrees of relationship
Part II: Degrees of affinity referred to in section 1(2) and (3) of this Act
Part III: …
Close section
Schedule 1: Kindred and affinity
Part 1: Prohibited degrees: kindred
Part 2: Degrees of affinity referred to in section 1(2) and (3)
Part 3: Degrees of affinity referred to in section 1(4) and (5)
SECOND SCHEDULE: …
THIRD SCHEDULE:
Close section
Schedule 3A: Modifications if proposed marriage referred under section 28H
Introduction
No marriage schedule to be issued until decision about investigation etc
Marriage to be investigated: extension of waiting period to 70 days
Effect of reducing statutory period
Close section
FOURTH SCHEDULE: Provisions of Act which are excluded or modified in their application to Naval, Military and Air Force Chapels
Part I: Exclusion of Provisions relating to Marriages according to the Rites of the Church of England
Part II: Modification of Provisions relating to Marriages according to the Rites of the Church of England
Part III: Exclusion of Provisions relating to Marriages otherwise than according to the Rites of the Church of England
Part IV: Modification of Provisions relating to Marriages otherwise than according to the Rites of the Church of England
Close section
FIFTH SCHEDULE: Enactments repealed
Part I: Acts of Parliament repealed
Part II: …
SIXTH SCHEDULE: Provisions of Act which do not extend to Wales
Close section
Married Women's Property Act 1882
1: …
2: …
3: …
4: …
5: …
6: As to stock, &c. to which a married woman is entitled.
7: …
8: …
9: …
10: Fraudulent investments with money of husband.
11: Moneys payable under policy of assurance not to form part of estate of the insured.
12: …
13: …
14: …
15: …
16: …
17: Questions between husband and wife as to property to be decided in a summary way.
18: …
19: …
20: …
21: …
22: …
23: …
24: Interpretation of terms.
25: …
26: Extent of Act.
27: Short title.
Close section
Matrimonial and Family Proceedings Act 1984
Close section
Part I: Time Restrictions on Presentation of Petitions for Divorce or Nullity of Marriage [ss.1-2]
1: Bar on petitions for divorce within one year of marriage.
2: Extension of period for proceedings for decree of nullity in respect of voidable marriage.
Close section
Part II: Financial Relief in Matrimonial Proceedings [ss.3-11]
Provisions relating to powers of the High Court and county courts [ss.3-8]
Provisions relating to the powers of magistrates' courts [ss.9-11]
Close section
Part III: Financial Relief in England and Wales After Overseas Divorce etc. [ss.12-27]
Applications for financial relief [ss.12-16]
Orders for financial provision and property adjustment [ss.17-21]
Orders for transfer of tenancies [s.22]
Avoidance of transactions intended to prevent or reduce financial relief [ss.23-24]
Financial provision out of estate of deceased party to marriage [s.25]
Recovery of maintenance in magistrates' courts after overseas divorce etc. [s.26]
Interpretation [s.27]
Close section
Part IV: Financial Provision in Scotland After Overseas Divorce Etc. [ss.28-31]
28: Circumstances in which a Scottish court may entertain application for financial provision.
29: Disposal of application in Scotland.
29A: Application of Part IV to annulled marriages.
30: Interpretation of Part IV.
31: Extension of s. 31 of Maintenance Orders (Reciprocal Enforcement) Act 1972.
Close section
Part 4A: The Family Court [ss.31A-31P]
31A: Establishment of the family court
31B: Sittings
31C: Judges
31D: Composition of the court and distribution of its business
31E: Family court has High Court and county court powers
31F: Proceedings and decisions
31G: Witnesses and evidence
31H: Contempt of court: power to limit court's powers
31I: Powers of the High Court in respect of family court proceedings
31J: Overview of certain powers of the court under other Acts
31K: Appeals
31L: Enforcement
31M: Records of proceedings
31N: Summonses and other documents
31O: Function of giving legal advice to judges
31P: Orders, regulations and rules under Part 4A
Close section
Part 4B: Family proceedings: prohibition of cross-examination in person [ss.31Q-31Z]
31Q: Prohibition of cross-examination in person: introductory
31R: Prohibition of cross-examination in person: victims of offences
31S: Prohibition of cross-examination in person: persons protected by injunctions etc
31T: Prohibition of cross-examination in person: evidence of domestic abuse
31U: Direction for prohibition of cross-examination in person: other cases
31V: Directions under section 31U: supplementary
31W: Alternatives to cross-examination in person
31X: Costs of legal representatives appointed under section 31W(6)
31Y: Guidance for legal representatives appointed under section 31W(6)
31Z: Regulations under Part 4B
Close section
Part V: Family Business: Distribution and Transfer [ss.32-44]
Preliminary [ss.32-39]
Rules of court and fees [ss.40-41]
County court proceedings in principal registry [s.42]
Distribution of business: proceedings under s. 17 of Married Women's Property Act 1882 [s.43]
Magistrates' courts' domestic jurisdiction [s.44]
Close section
Part VI: Miscellaneous and General
45: …
46: Amendments, transitional provisions and repeals.
47: Commencement.
48: Short title and extent.
Close section
Schedule 1: Minor and Consequential Amendments
Maintenance Orders Act 1950 (c. 37)
Matrimonial Causes (Property and Maintenance) Act 1958 (c. 35)
Maintenance Orders Act 1958 (c. 39)
Succession (Scotland) Act 1964 (c. 41)
Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (c. 19)
Administration of Justice Act 1970 (c. 31)
Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)
Matrimonial Causes Act 1973 (c. 18)
Domicile and Matrimonial Proceedings Act 1973 (c. 45)
Children Act 1975 (c. 72)
Adoption Act 1976 (c. 36)
Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)
Land Registration (Scotland) Act 1979 (c. 33)
County Courts Act 1984 (c. 28)
Close section
Schedule 2: Transitional Provisions
Time restrictions on petitions for divorce
Time restrictions on petitions for nullity
Scope of “matrimonial cause” for Part V purposes [PROSPECTIVE]
Schedule 3: Repeals
Close section
Matrimonial Causes Act 1973
Close section
Part I: Divorce, Nullity and Other Matrimonial Suits [ss.1-20]
Divorce [ss.1-10A]
Nullity [ss.11-16]
Other matrimonial suits [ss.17-19]
… [s.20]
Close section
Part II: Financial Relief for Parties to Marriage and Children of Family [ss.21-40A]
Financial provision and property adjustment orders [ss.21-21C]
Ancillary relief in connection with divorce proceedings, etc. [ss.22-26]
Financial provision in case of neglect to maintain [s.27]
Additional provisions with respect to financial provision and property adjustment orders [ss.28-30]
Variation, discharge and enforcement of certain orders, etc. [ss.31-33]
Consent orders [s.33A]
Maintenance agreements [ss.34-36]
Miscellaneous and supplemental [ss.37-40A]
Close section
Part III: Protection, Custody, etc., of Children [ss.41-44]
41: Restrictions on decrees for dissolution, annulment or separation affecting children.
42: …
43: …
44: …
Close section
Part IV: Miscellaneous and Supplemental [ss.45-55]
45: …
46: …
47: Matrimonial relief and declarations of validity in respect of polygamous marriages.
48: Evidence.
49: Parties to proceedings under this Act.
50: …
51: …
52: Interpretation.
52A: Interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders
53: Transitional provisions and savings.
54: Consequential amendments and repeals.
55: Citation, commencement and extent.
Close section
Schedule 1: Transitional Provisions and Savings
Part I: Miscellaneous and General
Part II: Preservation for limited Purposes of certain Provisions of previous Enactments
Part III: Assimilation in certain respects to Orders under this Act of Orders made, etc., under the Act of 1965, etc.
Schedule 2: Consequential Amendments
Schedule 3:
Close section
Matrimonial Proceedings (Transfers) Act 1988
1: Transfer to county courts of proceedings transferred to the High Court before 28 April 1986.
2: Short title.
Close section
Mental Capacity Act 2005
Close section
Part 1: Persons who lack capacity [ss.1-44]
The principles [s.1]
Preliminary [ss.2-8]
Lasting powers of attorney [ss.9-14]
General powers of the court and appointment of deputies [ss.15-21ZA]
Powers of the court in relation to Schedule A1 [s.21A]
Powers of the court in relation to lasting powers of attorney [ss.22-23]
Advance decisions to refuse treatment [ss.24-26]
Excluded decisions [ss.27-29]
Research [ss.30-34]
Independent mental capacity advocate service [ss.35-41]
Miscellaneous and supplementary [ss.42-44]
Close section
Part 2: The Court of Protection and the Public Guardian [ss.45-61]
The Court of Protection [ss.45-46]
Supplementary powers [ss.47-49]
Practice and procedure [ss.50-53]
Fees and costs [ss.54-56]
The Public Guardian [ss.57-60]
Court of Protection Visitors [s.61]
Close section
Part 3: Miscellaneous and general [ss.62-69]
Declaratory provision [s.62]
Private international law [s.63]
General [ss.64-69]
Close section
Schedule A1: Hospital and care home residents: deprivation of liberty
Part 1: Authorisation to deprive residents of liberty etc
Part 2: Interpretation: main terms
Part 3: The qualifying requirements
Part 4: Standard authorisations
Part 5: Urgent authorisations
Part 7: Standard authorisations: change in supervisory responsibility
Part 8: Standard authorisations: review
Part 9: Assessments under this Schedule
Part 10: Relevant person's representative
Part 11: IMCAs
Part 12: Miscellaneous
Part 13: Interpretation
Schedule AA1: Deprivation of liberty: authorisation of arrangements enabling care and treatment
Close section
Schedule 1: Lasting powers of attorney: formalities
Part 1: Making instruments
Part 2: Registration
Part 3: Cancellation of registration and notification of severance
Part 4: Records of alterations in registered powers
Close section
Schedule 1A: Persons ineligible to be deprived of liberty by this Act
Part 1: Ineligible persons
Part 2: Interpretation
Close section
Schedule 2: Property and affairs: supplementary provisions
Wills: general
Provision that may be made in will
Wills: requirements relating to execution
Wills: effect of execution
Vesting orders ancillary to settlement etc.
Variation of settlements
Vesting of stock in curator appointed outside England and Wales
Preservation of interests in property disposed of on behalf of person lacking capacity
Powers as patron of benefice
Close section
Schedule 3: International protection of adults
Part 1: Preliminary
Part 2: Jurisdiction of competent authority
Part 3: Applicable law
Part 4: Recognition and enforcement
Part 5: Co-operation
Part 6: General
Close section
Schedule 4: Provisions applying to existing enduring powers of attorney
Part 1: Enduring powers of attorney
Part 2: Action on actual or impending incapacity of donor
Part 3: Notification prior to registration
Part 4: Registration
Part 5: Legal position after registration
Part 6: Protection of attorney and third parties
Part 7: Joint and joint and several attorneys
Part 8: Interpretation
Close section
Schedule 5: Transitional provisions and savings
Part 1: Repeal of Part 7 of the Mental Health Act 1983
Part 2: Repeal of the Enduring Powers of Attorney Act 1985
Close section
Schedule 6: Minor and consequential amendments
Fines and Recoveries Act 1833 (c. 74)
Improvement of Land Act 1864 (c. 114)
Trustee Act 1925 (c. 19)
Law of Property Act 1925 (c. 20)
Administration of Estates Act 1925 (c. 23)
National Assistance Act 1948 (c. 29)
U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45)
Intestates' Estates Act 1952 (c. 64)
Variation of Trusts Act 1958 (c. 53)
Administration of Justice Act 1960 (c. 65)
Industrial and Provident Societies Act 1965 (c. 12)
Compulsory Purchase Act 1965 (c. 56)
Leasehold Reform Act 1967 (c. 88)
Medicines Act 1968 (c. 67)
Family Law Reform Act 1969 (c. 46)
Local Authority Social Services Act 1970 (c. 42)
Courts Act 1971 (c. 23)
Local Government Act 1972 (c. 70)
Matrimonial Causes Act 1973 (c. 18)
Juries Act 1974 (c. 23)
Consumer Credit Act 1974 (c. 39)
Solicitors Act 1974 (c. 47)
Local Government (Miscellaneous Provisions) Act 1976 (c. 57)
Sale of Goods Act 1979 (c. 54)
Limitation Act 1980 (c. 58)
Public Passenger Vehicles Act 1981 (c. 14)
Judicial Pensions Act 1981 (c. 20)
Supreme Court Act 1981 (c. 54)
Mental Health Act 1983 (c. 20)
Administration of Justice Act 1985 (c. 61)
Insolvency Act 1986 (c. 45)
Building Societies Act 1986 (c. 53)
Public Trustee and Administration of Funds Act 1986 (c. 57)
Patronage (Benefices) Measure 1986 (No.3)
Courts and Legal Services Act 1990 (c. 41)
Child Support Act 1991 (c. 48)
Social Security Administration Act 1992 (c. 5)
Judicial Pensions and Retirement Act 1993 (c. 8)
Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)
Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)
Disability Discrimination Act 1995 (c. 50)
Trusts of Land and Appointment of Trustees Act 1996 (c. 47)
Human Rights Act 1998 (c. 42)
Access to Justice Act 1999 (c. 22)
Adoption and Children Act 2002 (c. 38)
Licensing Act 2003 (c. 17)
Courts Act 2003 (c. 39)
Schedule 7: Repeals
Close section
Mental Health Act 1983
Close section
Part I: Application of Act [s.1]
1: Application of Act: “mental disorder”.
Close section
Part II: Compulsory Admission to Hospital and Guardianship [ss.2-34]
Procedure for hospital admission [ss.2-6]
Guardianship [ss.7-10]
General provisions as to applications and recommendations [ss.11-15]
Position of patients subject to detention or guardianship [ss.16-19A]
Duration of authority and discharge [ss.20-25]
After-care under supervision [ss.25A-25J]
Functions of relatives of patients [ss.26-30]
Supplemental [ss.31-34]
Close section
Part III: Patients Concerned in Criminal Proceedings or Under Sentence [ss.35-55]
Remands to hospital [ss.35-36]
Hospital and guardianship orders [ss.37-40]
Restriction orders [ss.41-45]
Hospital and limitation directions [ss.54A-54B]
Detention during Her Majesty's pleasure [s.46]
Transfer to hospital of prisoners, etc. [ss.47-53]
Supplemental [ss.54-55]
Close section
Part IV: Consent to Treatment [ss.56-64]
56: Patients to whom Part IV applies.
57: Treatment requiring consent and a second opinion.
58: Treatment requiring consent or a second opinion.
58A: Electro-convulsive therapy, etc.
59: Plans of treatment.
60: Withdrawal of consent.
61: Review of treatment.
62: Urgent treatment.
62A: Treatment on recall of community patient or revocation of order
63: Treatment not requiring consent.
64: Supplementary provisions for Part IV.
Close section
Part 4A: Treatment of community patients not recalled to hospital [ss.64A-64K]
64A: Meaning of “relevant treatment”
64B: Adult community patients
64C: Section 64B: supplemental
64D: Adult community patients lacking capacity
64E: Child community patients
64F: Child community patients lacking competence
64FA: Withdrawal of consent
64G: Emergency treatment for patients lacking capacity or competence
64H: Certificates: supplementary provisions
64I: Liability for negligence
64J: Factors to be considered in determining whether patient objects to treatment
64K: Interpretation of Part 4A
Close section
Part V: Mental Health Review Tribunals [ss.65-79]
Constitution etc. [s.65]
Applications and references concerning Part II patients [ss.66-68A]
Applications and references concerning Part III patients [ss.69-71]
Discharge of patients [ss.72-75]
General [ss.76-79]
Close section
Part VI: Removal and Return of Patients Within United Kingdom, etc. [ss.80-92]
Removal to and from Scotland [ss.80-80D]
Removal to and from Northern Ireland [ss.81-82A]
Removal to and from Channel Islands and Isle of Man [ss.83-85A]
Removal of aliens [s.86]
Return of patients absent without leave [ss.87-89]
General [ss.90-92]
Close section
Part VII [ss.93-113]:
93: …
94: …
95: …
96: …
97: …
98: …
99: …
100: …
101: …
102: …
103: …
104: …
105: …
106: …
107: …
108: …
109: …
110: …
111: …
112: …
113: …
Close section
Part VIII: Miscellaneous Functions of Local Authorities and the Secretary of State [ss.114-125]
Approved mental health professionals [ss.114-115]
Visiting patients [s.116]
After-care [ss.117-117B]
Functions of the Secretary of State [ss.118-125]
Close section
Part IX: Offences [ss.126-130]
126: Forgery, false statements, etc.
127: Ill-treatment of patients.
128: Assisting patients to absent themselves without leave, etc.
129: Obstruction.
130: Prosecutions by local authorities.
Close section
Part X: Miscellaneous and Supplementary [ss.130A-149]
Miscellaneous provisions [ss.130A-124B]
Supplemental [ss.143-149]
Close section
Schedule 1: Application of Certain Provisions to Patients Subject to Hospital and Guardianship Orders
Part I: Patients Not Subject to Special Restrictions
Part II: Patients Subject to Special Restrictions
Schedule 2: Mental Health Review Tribunal for Wales
Schedule 3:
Schedule 4: Consequential Amendments
Schedule 5: Transitional and Saving Provisions
Schedule 6: Repeals
Close section
Protection from Harassment Act 1997
Close section
England and Wales [ss.1-7]
1: Prohibition of harassment.
2: Offence of harassment.
2A: Offence of stalking
2B: Power of entry in relation to offence of stalking
3: Civil remedy.
3A: Injunctions to protect persons from harassment within section 1(1A)
4: Putting people in fear of violence.
4A: Stalking involving fear of violence or serious alarm or distress
4B: Offences under sections 4 and 4A committed outside the United Kingdom
5: …
5A: Restraining orders on acquittal
6: Limitation.
7: Interpretation of this group of sections.
Close section
Scotland [ss.8-10]
8: Harassment.
8A: Harassment amounting to domestic abuse
9: Breach of non-harassment order.
10: Limitation.
Close section
General [ss.12-16]
12: National security, etc.
13: Corresponding provision for Northern Ireland.
14: Extent.
15: Commencement.
16: Short title.
Close section
Protection of Children Act 1999
Close section
Department of Health list [ss.1-4C]
1: …
2: …
2A: …
2B: …
2C: …
2D: …
3: …
4: …
4A: …
4B: …
4C: …
Close section
Department for Education and Employment list [ss.5-6]
5: …
6: …
Close section
General [ss.7-9]
7: …
8: …
9: The Tribunal.
Close section
Supplemental [ss.10-14]
10: … [PROSPECTIVE]
11: Financial provisions.
12: Interpretation.
13: ….
14: Short title, commencement and extent.
SCHEDULE: …
Close section
Senior Courts Act 1981
Close section
Part I: CONSTITUTION OF Senior Courts [ss.1-14]
The Senior Courts [s.1]
The Court of Appeal [ss.2-3]
The High Court [ss.4-7]
The Crown Court [s.8]
Other provisions [ss.9-14]
Close section
Part II: JURISDICTION [ss.15-52]
The Court of Appeal [ss.15-18]
Close section
The High Court [ss.19-44]
General jurisdiction [s.19]
Admiralty jurisdiction [ss.20-24]
Other particular fields of jurisdiction [ss.25-31A]
Powers [ss.32-43A]
Other provisions [s.44]
The Crown Court [ss.45-48]
Close section
General Provisions [ss.49-52]
Law and equity [ss.49-50]
Costs [ss.51-52]
Close section
Part III: PRACTICE AND PROCEDURE [ss.53-87]
Close section
The Court of Appeal [ss.53-60]
Distribution of business [s.53]
Composition of court [ss.54-56B]
Sittings and vacations [s.57]
Other provisions [ss.58-60]
Close section
The High Court [ss.61-72]
Distribution of business [ss.61-65]
Divisional courts [s.66]
Mode of conducting business [ss.67-70]
Sittings and vacations [s.71]
Other provisions [s.72]
The Crown Court [ss.73-83]
Rules of Court [ss.84-87]
Close section
Part IV: OFFICERS AND OFFICES [ss.88-104]
Appointment of certain officers of Senior Courts [ss.88-91]
Other provisions relating to officers of Senior Courts [ss.92-95]
Central Office and Accountant General [s.96-97]
Judges' clerks and secretaries [s.98]
District registries and district registrars [ss.99-103]
District probate registries [s.104]
Close section
Part V: PROBATE CAUSES AND MATTERS [ss.105-128]
Procedure in probate registries in relation to grants of representation [ss.105-111]
Powers of court in relation to personal representatives [ss.112-120]
Revocation of grants and cancellation of resealing at instance of court [s.121]
Ancillary powers of court [ss.122-123]
Provisions as to documents [ss.124-126]
Probate rules [s.127]
Interpretation of Part V and other probate provisions [s.128]
Close section
Part VI: MISCELLANEOUS AND SUPPLEMENTARY [ss.129-153]
Miscellaneous provisions [ss.129-149]
Supplementary [ss.150-153]
Close section
Schedule 1: Distribution of Business in High Court
Chancery Division
Queen's Bench Division
Family Division
Close section
Schedule 2: List of offices in Senior Courts for purposes of Part 4
Part 1
Part 2
Part 3
Schedule 3:
Close section
Schedule 4: Construction of References to Superseded Courts and Officers
General
The Accountants-General of the Courts of Chancery and Exchequer
The Court of Criminal Appeal and its registrar
Principal registrar of Family Division
Close section
Schedule 5: Consequential Amendments
COLONIAL PROBATES ACT 1892 (c. 6)
ADMINISTRATION OF ESTATES ACT 1925 (c. 23)
LAW OF PROPERTY (AMENDMENT) ACT 1926 (c. 11)
FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT 1933 (c. 13)
ADMINISTRATION OF JUSTICE (MISCELLANEOUS PROVISIONS) ACT 1933 (c. 36)
CRIMINAL JUSTICE ACT 1948 (c. 58)
CONSULAR CONVENTIONS ACT 1949 (c. 29)
ARBITRATION ACT 1950 (c. 27)
ARMY ACT 1955 (c. 18)
AIR FORCE ACT 1955 (c. 19)
PROFESSIONS SUPPLEMENTARY TO MEDICINE ACT 1960 (c. 66)
NURSES (AMENDMENT) ACT 1961 (c. 14)
RIVERS (PREVENTION OF POLLUTION) ACT 1961 (c. 50)
PUBLIC HEALTH ACT 1961 (c. 64)
ADMINISTRATION OF JUSTICE ACT 1964 (c. 42)
ADMINISTRATION OF JUSTICE ACT 1965 (c. 2)
VETERINARY SURGEONS ACT 1966 (c. 36)
ARBITRATION (INTERNATIONAL INVESTMENT DISPUTES) ACT 1966 (c. 41)
MATRIMONIAL CAUSES ACT 1967 (c. 56)
CRIMINAL APPEAL ACT 1968 (c. 19)
HEARING AID COUNCIL ACT 1968 (c. 50)
HOVERCRAFT ACT 1968 (c. 59)
ADMINISTRATION OF ESTATES ACT 1971 (c. 25)
MISUSE OF DRUGS ACT 1971 (c. 38)
MERCHANT SHIPPING (OIL POLLUTION) ACT 1971 (c. 59)
TRIBUNALS AND INQUIRIES ACT 1971 (c. 62)
LAND CHARGES ACT 1972 (c. 61)
HEALTH AND SAFETY AT WORK ETC. ACT 1974 (c. 37)
MERCHANT SHIPPING ACT 1974 (c. 43)
SOLICITORS ACT 1974 (c. 47)
HOUSE OF COMMONS DISQUALIFICATION ACT 1975 (c. 24)
NORTHERN IRELAND ASSEMBLY DISQUALIFICATION ACT 1975 (c. 25)
EVIDENCE (PROCEEDINGS IN OTHER JURISDICTIONS) ACT 1975 (c. 34)
FARRIERS (REGISTRATION) ACT 1975 (c. 35)
TORTS (INTERFERENCE WITH GOODS) ACT 1977 (c. 32)
INSURANCE BROKERS (REGISTRATION) ACT 1977 (c. 46)
EMPLOYMENT PROTECTION (CONSOLIDATION) ACT 1978 (c. 44)
ARBITRATION ACT 1979 (c. 42)
CHARGING ORDERS ACT 1979 (c. 53)
Magistrates' Courts Act 1980 (c. 43)
JUDICIAL PENSIONS ACT 1981 (c. 20)
Close section
Schedule 6: Transitional Provisions and Savings
Continuity of appointments of officers
Tenure, etc. of certain officers
Inland Revenue affidavits
Grants of representation made under provisions of 1925 Act not reproduced in this Act
Minor executors
Administration bonds given before 1st January 1972
Grants and resealings liable to revocation or cancellation at instance of court
Appeals from certain orders and decisions under section 54(3) of Magistrates' Courts Act 1952
Interpretation
Schedule 7:
Close section
Sexual Offences Act 1956
Close section
Part I: Offences, and the Prosecution and Punishment of Offences [ss.1-47]
Intercourse by force, intimidation, etc. [ss.1-4]
Intercourse with girls under sixteen [ss.5-6]
Intercourse with defectives [ss.7-9]
Incest [ss.10-11]
Unnatural offences [ss.12-13]
Assaults [ss.14-16]
Abduction [ss.17-21]
Prostitution, procuration etc. [ss.22-31]
Solicitation [s.32]
Suppression of brothels [ss.33-36]
Powers and procedure for dealing with offenders [ss.37-39]
Powers of arrest and search [ss.40-43]
Interpretation [ss.44-47]
Close section
Part II: Supplementary [ss.48-56]
Consequential amendments [ss.48-56]
Close section
First Schedule: Rights of Landlord where Tenant convicted of
permitting use of premises as Brothel
Close section
Second Schedule: Table of offences, with mode of prosecution, punishments, etc.
Part I:
Part II:
Third Schedule: Consequential Amendments of Enactments not Consolidated.
Schedule 4:
Close section
Surrogacy Arrangements Act 1985
1: Meaning of “surrogate mother”, “surrogacy arrangement” and other terms.
1: Meaning of “surrogate mother”, “surrogacy arrangement” and other terms.
1A: Surrogacy arrangements unenforceable.
2: Negotiating surrogacy arrangements on a commercial basis, etc.
3: Advertisements about surrogacy.
4: Offences.
5: Short title and extent.
[3.231.217.107]
3.231.217.107