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Matrimonial Proceedings (Children) Act 1958
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Matrimonial Proceedings (Children) Act 1958, Section 11 is up to date with all changes known to be in force on or before 02 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- s. 11(1B)(1C) inserted by 2020 asp 16 s. 19(2)
11 Reports as to arrangements for future care and upbringing of children.E+W
(1)For the purpose of satisfying itself as to the proposed arrangements for the care and upbringing of any child as to whose [F1custody the court has power] to make orders, the court may, without prejudice to its power to appoint any other person [F2, not being an officer of the local authority for the purpose, appoint an appropriate local authority] to investigate and report to the court on all the circumstances of the child and on the proposed arrangements for the care and upbringing of the child.
[F3(1A).In this section “local authority” has the same meaning as in the M1Social Work (Scotland) Act 1968.]
(2)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
(4)If on consideration of a report furnished in pursuance of subsection (1) of this section the court, eitherex proprio motuor on the application of any person concerned, thinks it expedient to do so, it may require the person who furnished the report to appear and to be examined on oath regarding any matter dealt with in the report, and such person may be examined or cross-examined accordingly.
(5)Any expenses incurred in connection with the preparation of a report by a [F5local authority or other person appointed] under this section shall form part of the expenses of the action and be defrayed by such party to the action as the court may direct, and the court may certify the amount of the expenses so incurred.
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E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1Words substituted (S.) by virtue of Family Law Act 1986 (c. 55, SIF 49:3), ss. 68(1), 69(6), Sch. 1 para. 7
F2Words substituted by Social Work (Scotland) Act 1968 (c. 49), s. 97(1), Sch. 8 para. 43(1)
F5Words substituted by Social Work (Scotland) Act 1968 (c. 49), s. 97(1), Sch. 8 para. 43(2)
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11 Reports as to arrangements for future care and upbringing of children.S
(1)[F6Where the court is considering any question relating to the care and upbringing of a child, it may], without prejudice to its power to appoint any other person [F7, not being an officer of the local authority for the purpose, appoint an appropriate local authority] to investigate and report to the court on all the circumstances of the child and on the proposed arrangements for the care and upbringing of the child.
[F8(1A).In this section “local authority” has the same meaning as in the M2Social Work (Scotland) Act 1968.]
(2)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
(4)If on consideration of a report furnished in pursuance of subsection (1) of this section the court, eitherex proprio motuor on the application of any person concerned, thinks it expedient to do so, it may require the person who furnished the report to appear and to be examined on oath regarding any matter dealt with in the report, and such person may be examined or cross-examined accordingly.
(5)Any expenses incurred in connection with the preparation of a report by a [F10local authority or other person appointed] under this section shall form part of the expenses of the action and be defrayed by such party to the action as the court may direct, and the court may certify the amount of the expenses so incurred.
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F6Words in s. 11(1) substituted (S.) (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4 para. 9; S.I. 1996/2203, art. 3(3), Sch.
F7Words substituted by Social Work (Scotland) Act 1968 (c. 49), s. 97(1), Sch. 8 para. 43(1)
F10Words substituted by Social Work (Scotland) Act 1968 (c. 49), s. 97(1), Sch. 8 para. 43(2)
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