HC Deb 23 October 1989 vol 158 c541

10.—(1) Sub-paragraph (2) applies in relation to any existing order which, but for the repeal by this Act of—

  1. (a) section 13(1) of the Guardianship of Minors Act 1971;
  2. (b) section 43(1) of the Children Act 1975; or
  3. (c) section 33 of the Domestic Proceedings and Magistrates' Courts Act 1978,

(provisions concerning the enforcement of custody orders) might have been enforced as if it were an order requiring a person to give up a child to another person.

(2) Where this sub-paragraph applies, the existing order may, after the repeal of the enactments mentioned in sub-paragraph (1)(a) to (c), be enforced under section (Enforcement of residence orders) as if—

  1. (a) any reference to a residence order were a reference to the existing order; and
  2. (b) any reference to a person in whose favour the residence order is in force were a reference to a person to whom actual custody of the child is given by an existing order which is in force.

(3) In sub-paragraph (2) "actual custody", in relation to a child, means the actual possession of his person.