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Family Law Act 1996
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This version of this part contains provisions that are prospective.
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Changes to legislation:
Family Law Act 1996, Part V is up to date with all changes known to be in force on or before 27 April 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 63(2)(k) inserted by 2021 c. 17 s. 52(2)
Part VU.K. Supplemental
Prospective
64 Provision for separate representation for children.E+W
(1)The Lord Chancellor may by regulations provide for the separate representation of children in proceedings in England and Wales which relate to any matter in respect of which a question has arisen, or may arise, under—
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)Part IV;
(c)the 1973 Act; F2. . .
(d)the M1Domestic Proceedings and Magistrates’ Courts Act 1978 [F3 or
(e)Schedule 5 or 6 to the Civil Partnership Act 2004.]
(2)The regulations may provide for such representation only in specified circumstances.
Textual Amendments
F1S. 64(1)(a) repealed (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(2)(c), 139(4)
F2Word in s. 64(1)(c) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1)(4), 263, Sch. 27 para. 152(1)(2), Sch. 30; S.I. 2005/3175, art. 2(2)(6)
F3S. 64(1)(e) and word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1)(4), 263, Sch. 27 para. 152(1)(3); S.I. 2005/3175, art. 2(2)
Marginal Citations
65 Rules, regulations and orders.E+W
(1)Any power to make rules, orders or regulations which is conferred by this Act is exercisable by statutory instrument.
(2)Any statutory instrument made under this Act may—
(a)contain such incidental, supplemental, consequential and transitional provision as the Lord Chancellor considers appropriate; and
(b)make different provision for different purposes.
(3)Any statutory instrument containing an order, rules or regulations made under this Act, other than an order made under section 5(8) or 67(3), shall be subject to annulment by a resolution of either House of Parliament.
(4)No order shall be made under section 5(8) unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
(5)This section does not apply F4... to rules of court made, or any power to make rules of court, for the purposes of this Act.
Subordinate Legislation Made
P1S. 65 power partly exercised (28.7.1997): different dates appointed for specified provisions by S.I. 1997/1892, art. 3
S. 65 power partly exercised (19.10.1998): 1.11.1998 appointed for specified provisions by S.I. 1998/2572, art. 3 (with transitional provisions in art. 4)
Textual Amendments
F4Words in s. 65(5) repealed (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 18(2)(d), 139(4)
66 Consequential amendments, transitional provisions and repeals.U.K.
(1)Schedule 8 makes minor and consequential amendments.
(2)Schedule 9 provides for the making of other modifications consequential on provisions of this Act, makes transitional provisions and provides for savings.
(3)Schedule 10 repeals certain enactments.
Commencement Information
I1S. 66 partly in force; s. 66 not in force at Royal Assent see s. 67(3); s. 66(1)(3) in force for certain purposes at 21.3.1997 by S.I. 1997/1077, art. 2; s. 66(1)(2)(3) in force for certain purposes at 1.10.1997 by S.I. 1997/1892, art. 3
67 Short title, commencement and extent.U.K.
(1)This Act may be cited as the Family Law Act 1996.
(2)Section 65 and this section come into force on the passing of this Act.
(3)The other provisions of this Act come into force on such day as the Lord Chancellor may by order appoint; and different days may be appointed for different purposes.
(4)This Act, other than section 17, extends only to England and Wales, except that—
(a)in Schedule 8—
(i)the amendments of section 38 of the M2Family Law Act 1986 extend also to Northern Ireland;
(ii)the amendments of the M3Judicial Proceedings (Regulation of Reports) Act 1926 extend also to Scotland; and
(iii)the amendments of the M4Maintenance Orders Act 1950, the M5Civil Jurisdiction and Judgments Act 1982, the M6Finance Act 1985 and sections 42 and 51 of the Family Law Act 1986 extend also to both Northern Ireland and Scotland; and
(b)in Schedule 10, the repeal of section 2(1)(b) of the M7Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 extends also to Scotland.
Subordinate Legislation Made
P2S. 67 power partly exercised (21.3.1997): 21.3.1997 appointed for specified provisions by S.I. 1997/1077, art. 2
S. 67 power partly exercised (28.7.1997): different dates appointed for specified provisions by S.I. 1997/1892, arts. 2, 3 (with transitional provisions in art. 4
S. 67 power partly exercised (19.10.1998): 1.11.1998 appointed for specified provisions by S.I. 1998/2572, art. 3 (with transitional provisions in art. 4)
Marginal Citations
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