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[No. 26.]
After Clause 27, insert the following new clause:
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Amendment of reference to child in 1965 c. 72, s. 2.
. In section 2(2) of the Matrimonial Causes Act 1965 (which provides that in determining an application to allow the presentation of a petition for divorce within three years from the date of the marriage the judge shall have regard to the interests of any relevant child) for the words 'relevant child 'there shall be substituted the words 'child of the family within the meaning of Part I of the Matrimonial Proceedings and Property Act 1970'.
§ THE LORD CHANCELLORMy Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 26. May I also speak to Amendment No. 52? This Amendment substitutes in Section 2 of the 1965 Act a reference to "child of the family" for the existing reference to "relevant child". Your Lordships may remember that the expression in the Bill "child of the family "is of a much wider nature than has previously been covered, and this is to make the two Acts consistent with one another. Amendment No. 52 in consequential.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(The Lord Chancellor.)
VISCOUNT COLVILLE OF CULROSSMy Lords, one point arises on this subject, and on Amendment No. 52. As I understand that Amendment, the retention of the definition in the Matrimonial Causes Act 1965 is necessary only on the assumption that the Bill of the noble Lord, Lord Stow Hill, does not become law. As it is going to become law there will be no necessity for this retention of the reference to Section 41(3) after January 1 next. I hope that this matter can be easily remedied by perhaps the Statute Law Repeals Bill, but, since the matter obviously could not have been dealt with at an earlier stage, before one knew what was going to happen to the Law Reform (Miscellaneous Provisions) Bill, it has been left like this. I think it could have been dealt with in a much easier way. I hope this point will be borne in mind.
§ On Question, Motion agreed to.