This Order may be cited as the Family Law Act 1986 (Dependent Territories) (Amendment) Order 2006 and shall come into force on 10th July 2006.

The Family Law Act 1986 (Dependent Territories) Order 1991 is amended as follows.

In the table in Schedule 1, after the entry relating to the Isle of Man, insert a new entry as follows—

(a)    in the first column, insert “Jersey”;

(b)    in the second column, insert “10th July 2006”.

In Schedule 2—

(a)    omit paragraphs 1(2), 10 and 19(1);

(b)    before paragraph 9 insert—

(1)    In section 19A(2), for “England and Wales or Scotland” substitute “England and Wales, Scotland or a specified dependent territory”.

(2)    In section 19A(3)—

(a)    in paragraph (a), after “section 13(6)(a)(i)), or” insert “a corresponding dependent territory order, or”;

(b)    in paragraph (b), after “this Act” insert “, or a corresponding dependent territory order,”.”;

(c)    in paragraph 22(1)(a), for “paragraph (a)” substitute “paragraphs (a) and (aa)”.

After Part 1 of Schedule 3, insert Part 2 as set out in the Schedule to this Order.

A K Galloway

Clerk of the Privy Council

7th June 2006

In section 1(1)(f), “an order made by the court in a specified dependent territory corresponding to an order within paragraphs (a) to (e) above” means—

(a)    an order under Article 10 of the Children (Jersey) Law 2002;

(b)    an order referred to in paragraph 2(1) of Schedule 5 to the Children (Jersey) Law 2002;

(c)    an order made by the Royal Court in the exercise of its inherent jurisdiction with respect to children—

(i)    so far as it gives care of the child to any person or provides for contact with or access to, or the education of, a child; but

(ii)    excluding an order varying or revoking such an order, or an order relating to a child of whom care or control is (immediately after the making of the order) vested in a public authority in Jersey.

In each of sections 2A(3), 3(3), 6(4), 11(2), 13(5), 20(3), 21(4) and 23(4)—

(a)    in paragraph (a), “corresponding dependent territory order” means an order under Article 7(3) of the Child Custody (Jurisdiction) (Jersey) Law 2005;

(b)    in paragraph (b), “corresponding dependent territory order” means an order under Article 8(2) of that Law.

In section 13(6)(a)(ii), “corresponding dependent territory provision” means Article 6(2) or 9(3) of the Child Custody (Jurisdiction) (Jersey) Law 2005.

(1)    In section 27(1), “corresponding provision” means Article 11 of the Child Custody (Jurisdiction) (Jersey) Law 2005.

(2)    In section 27(4), “corresponding dependent territory provision” means Article 16(3) of that Law.

(1)    In section 32(1), “the corresponding court” means the Royal Court of Jersey.

(2)    In section 32(1) and (3)(a), “the corresponding dependent territory provisions” means the Child Custody (Jurisdiction) (Jersey) Law 2005."

Part 1 of the Family Law Act 1986 (c 55) (“the 1986 Act”) sets up a scheme of jurisdiction of courts in the United Kingdom to make orders with regard to the custody of children and provides for the recognition and enforcement of such orders throughout the United Kingdom. The Family Law Act 1986 (Dependent Territories) Order 1991 (SI 1991/1723) (“the 1991 Order”) modifies Part 1 of the 1986 Act so as to bring orders made by courts in dependent territories within the scheme and to provide for the recognition and enforcement of such orders in the United Kingdom.

Article 3 of this Order amends Schedule 1 to the 1991 Order to add Jersey to the list of territories in respect of which that Order makes provision.

Article 4 makes amendments to Schedule 2 to the 1991 Order (which sets out the modifications of Part 1 of the 1986 Act) which are necessary as a consequence of various amendments having been made to the 1986 Act.

Article 5 of and the Schedule to this Order add a new Part 2 of Schedule 3 to the 1991 Order. Schedule 3 of the 1991 Order provides for the interpretation, in relation to a specified dependent territory, of expressions used in the modified provisions of Schedule 2. The new Part 2 provides for the interpretation of these modifications in respect of Jersey.