Family Law Reform Act 1987
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Change 1
SCHEDULE 3 Transitional Provisions and Savings
Applications pending under amended or repealed enactments 1 This Act (including the repeals and amendments made by it) shall not have effect in relation to any application made under any enactment repealed or amended by this Act if that application is pending at the time when the provision of this Act which repeals or amends that enactment comes into force. References to provisions of Adoption Act 1976 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Affiliation orders 6 (1) Neither section 17 of this Act nor any associated amendment or repeal shall affect, or affect the operation of any enactment in relation to— (a) any affiliation order made under the Affiliation Proceedings Act 1957 which is in force immediately before the coming into force of that section; or (b) any affiliation order made under that Act by virtue of paragraph 1 above. (2) Any reference in this paragraph or paragraph 7 below to an affiliation order made under the Affiliation Proceedings Act 1957 includes a reference to— (a) an affiliation order made, by virtue of section 44 of the National Assistance Act 1948, section 19 of the Supplementary Benefits Act 1976, section 49 or 50 of the Child Care Act 1980 or section 25 of the Social Security Act 1986; and (b) any order made in relation to such an order. 7 Where— (a) an application is made to the High Court or a county court for an order under section 11B of the 1971 Act in respect of a child whose parents were not married to each other at the time of his birth, and (b) an affiliation order made under the Affiliation Proceedings Act 1957 and providing for periodical payments is in force in respect of the child by virtue of this Schedule the court may, if it thinks fit, direct that the affiliation order shall cease to have effect on such date as may be specified in the direction. Property rights 8 The repeal by this Act of section 14 of the FamilyLaw Reform Act 1969 shall not affect any rights arising under the intestacy of a person dying before the coming into force of the repeal. 9 The repeal by this Act of section 15 of the Family Law Reform Act 1969 shall not affect, or affect the operation of section 33 of the Trustee Act 1925 in relation to— (a) any disposition inter vivos made before the date on which the repeal comes into force; or (b) any disposition by will or codicil executed before that date. 10 The repeal by this Act of section 17 of the Family Law Reform Act 1969 shall not affect the liability of trustees or personal representatives in respect of any conveyance or distribution made before the coming into force of the repeal. . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 3 Transitional Provisions and Savings
Applications pending under amended or repealed enactments 1 This Act (including the repeals and amendments made by it) shall not have effect in relation to any application made under any enactment repealed or amended by this Act if that application is pending at the time when the provision of this Act which repeals or amends that enactment comes into force. References to provisions of Adoption Act 1976 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Affiliation orders 6 (1) Neither section 17 of this Act nor any associated amendment or repeal shall affect, or affect the operation of any enactment in relation to— (a) any affiliation order made under the Affiliation Proceedings Act 1957 which is in force immediately before the coming into force of that section; or (b) any affiliation order made under that Act by virtue of paragraph 1 above. (2) Any reference in this paragraph or paragraph 7 below to an affiliation order made under the Affiliation Proceedings Act 1957 includes a reference to— (a) an affiliation order made, by virtue of section 44 of the National Assistance Act 1948, section 19 of the Supplementary Benefits Act 1976, section 49 or 50 of the Child Care Act 1980 or section 25 of the Social Security Act 1986; and (b) any order made in relation to such an order. 7 Where— (a) an application is made to the High Court or a county court for an order under section 11B of the 1971 Act in respect of a child whose parents were not married to each other at the time of his birth, and (b) an affiliation order made under the Affiliation Proceedings Act 1957 and providing for periodical payments is in force in respect of the child by virtue of this Schedule the court may, if it thinks fit, direct that the affiliation order shall cease to have effect on such date as may be specified in the direction. Property rights 8 The repeal by this Act of section 14 of the FamilyLaw Reform Act 1969 shall not affect any rights arising under the intestacy of a person dying before the coming into force of the repeal. 9 The repeal by this Act of section 15 of the Family Law Reform Act 1969 shall not affect, or affect the operation of section 33 of the Trustee Act 1925 in relation to— (a) any disposition inter vivos made before the date on which the repeal comes into force; or (b) any disposition by will or codicil executed before that date. 10 The repeal by this Act of section 17 of the Family Law Reform Act 1969 shall not affect the liability of trustees or personal representatives in respect of any conveyance or distribution made before the coming into force of the repeal. . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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