Family Law Reform (Isle of Man) Act 1971

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AT 26 of 1971

FAMILY LAW REFORM (ISLE OF MAN)

ACT 1971

Family Law Reform (Isle of Man) Act 1971 Index


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FAMILY LAW REFORM (ISLE OF MAN) ACT 1971

Index Section Page

PART I – REDUCTION OF AGE OF MAJORITY AND RELATED

PROVISIONS 5

1 Reduction of age of majority from 21 to 18 ................................................................. 5
2 [Repealed] ........................................................................................................................ 6
3 [Repealed] ........................................................................................................................ 6
4 [Repealed] ........................................................................................................................ 6
5 [Repealed] ....................................................................................................................... 6
6 and 7 [Repealed] ............................................................................................................. 6
8 Consent by persons over 16 to surgical, medical and dental treatment ................. 6
9 Time at which a person attains a particular age ......................................................... 7
10 [Repealed] ........................................................................................................................ 7
11 Persons under full age may be described as minors instead of infants .................. 7
PART II – PROVISIONS FOR USE OF SCIENTIFIC TESTS IN

DETERMINING PATERNITY 7

12 Power of court to require use of scientific tests .......................................................... 7
13 Consents, etc, required for taking of bodily samples ................................................ 8
14 Power to provide for manner of giving effect to direction for use of
scientific tests ................................................................................................................... 9
15 Failure to comply with direction for taking scientific tests .................................... 10
16 Penalty for personating another, etc, for purpose of providing bodily
sample ............................................................................................................................ 11
17 Interpretation of Part II ................................................................................................ 11
PART III – MISCELLANEOUS AND GENERAL 11

18 [Repealed] ...................................................................................................................... 11
19 and 20 [Repealed] ......................................................................................................... 11
21 [Repealed] ...................................................................................................................... 11
22 Amendment, revocation and repeal of Acts and instruments by order ............... 11
23 Short title, interpretation and commencement ......................................................... 12
Index Family Law Reform (Isle of Man) Act 1971


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SCHEDULE 1 13

STATUTORY PROVISIONS AMENDED BY SUBSTITUTING 18 FOR 21 YEARS
13
SCHEDULE 2 13

SCHEDULE 3 13

TRANSITIONAL PROVISIONS AND SAVINGS 13
ENDNOTES 15

TABLE OF LEGISLATION HISTORY 15
TABLE OF RENUMBERED PROVISIONS 15
TABLE OF ENDNOTE REFERENCES 15

Family Law Reform (Isle of Man) Act 1971 Section 1


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c i e
FAMILY LAW REFORM (ISLE OF MAN) ACT 1971

Received Royal Assent: 27 October 1971
Passed: 15 December 1971
Commenced: 1 April 1972
AN ACT
to amend the law relating to the age of majority, to persons who have
not attained that age and to the time when a particular age is attained; to make
provision for the use of blood tests for the purpose of determining the paternity
of any person in civil proceedings; to make provision with respect to the
evidence required to rebut a presumption of legitimacy and illegitimacy; to
make further provision in connection with the registration of the birth of an
illegitimate child, for entering the name of the father; and for connected
purposes.
GENERAL NOTE:
The maximum fines in this Act are as increased by the Fines Act
1986 and by the Criminal Justice (Penalties, Etc.) Act 1993 s 1.
PART I – REDUCTION OF AGE OF MAJORITY AND RELATED

PROVISIONS

1 Reduction of age of majority from 21 to 18

[FLRA 1969/1P]
(1) As from the date on which this section comes into force a person shall
attain full age on attaining the age of eighteen instead of on attaining the
age of twenty-one; and a person shall attain full age on that date if he has
then already attained the age of eighteen but not the age of twenty-one.
(2) The foregoing subsection applies for the purposes of any rule of law,
and, in the absence of a definition or of any indication of a contrary
intention, for the construction of “full age”, “infant”, “infancy”, “minor”,
“minority” and similar expressions in —
(a) any statutory provision, whether passed or made before, on or
after the date on which this section comes into force; and
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(b) any deed, will or other instrument of whatever nature (not being a
statutory provision) made on or after that date.
(3) In the statutory provisions specified in Schedule 1 to this Act for any
reference to the age of twenty-one years there shall be substituted a
reference to the age of eighteen years.1

(4) The transitional provisions and savings contained in Schedule 3 to this
Act shall have effect in relation to this section.2

(5) In this section “statutory provision” means any enactment (including,
except where the context otherwise requires, this Act) and any order,
rule, regulation, bye-law or other instrument made in the exercise of a
power conferred by any enactment.
(6) Notwithstanding any rule of law, a will or codicil executed before the
date on which this section comes into force shall not be treated for the
purposes of this section as made on or after that date by reason only that
the will or codicil is confirmed by a codicil executed on or after that date.
2 [Repealed]
3

3 [Repealed]
4

4 [Repealed]
5

5 [Repealed]
6
7

6 and 7 [Repealed]
8

8 Consent by persons over 16 to surgical, medical and dental treatment

[1969/8P]
(1) The consent of a minor who has attained the age of sixteen years to any
surgical, medical or dental treatment which, in the absence of consent,
would constitute a trespass to his person, shall be as effective as it would
be if he were of full age; and where a minor has by virtue of this section
given an effective consent to any treatment it shall not be necessary to
obtain any consent for it from his parent or guardian.
(2) In this section “surgical, medical or dental treatment” includes any
procedure undertaken for the purposes of diagnosis, and this section
applies to any procedure (including, in particular, the administration of
an anaesthetic) which is ancillary to any treatment as it applies to that
treatment.
(3) Nothing in this section shall be construed as making ineffective any
consent which would have been effective if this section had not been
enacted.
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9 Time at which a person attains a particular age

[1969/9P]
(1) The time at which a person attains a particular age expressed in years
shall be the commencement of the relevant anniversary of the date of his
birth.
(2) This section applies only where the relevant anniversary falls on a date
after that on which this section comes into force, and, in relation to any
enactment, deed, will or other instrument, has effect subject to any
provisions therein.
10 [Repealed]
9

11 Persons under full age may be described as minors instead of infants

[1969/12P]
A person who is not of full age may be described as a minor instead of as an
infant, and accordingly in this Act “minor
” means such a person as aforesaid.
PART II – PROVISIONS FOR USE OF SCIENTIFIC TESTS IN

DETERMINING PATERNITY

12 Power of court to require use of scientific tests

[1969/20P]
(1) In any civil proceedings in which the parentage of any person falls to be
determined, the court may, either of its own motion or on an application
by any party to the proceedings, give a direction —
(a) for the use of scientific tests to ascertain whether such tests show
that a party to the proceedings is or is not the father or mother of
that person; and
(b) for the taking, within a period specified in the direction, of bodily
samples from all or any of the following, namely, that person, any
party who is alleged to be the father or mother of that person and
any other party to the proceedings;
and the court may at any time revoke or vary a direction previously
given under this subsection.10

(2) The person responsible for carrying out scientific tests in pursuance of a
direction under subsection (1) shall make to the court a report in which
he shall state —
(a) the results of the tests;
(b) whether any party to whom the report relates is or is not excluded
by the results from being the father or mother of the person whose
parentage is to be determined; and
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(c) in relation to any party who is not so excluded, the value (if any)
of the results in determining whether that party is the father or
mother of that person;
and the report shall be received by the court as evidence in the
proceedings of the matters stated in it.11

(2A) In relation to proceedings on an application under section 10A of the
Legitimacy Act 1985, any reference in subsection (1) or (2) to any party to
the proceedings includes a reference to any person named in the
application.12

(3) A report under subsection (2) of this section shall be in the form
prescribed by regulations made under section 14 of this Act.
(4) Where a report has been made to a court under subsection (2) of this
section, any party may, with the leave of the court, or shall, if the court so
directs, obtain from the person who made the report a written statement
explaining or amplifying any statement made in the report, and that
statement shall be deemed for the purposes of this section (except
subsection (3) thereof) to form part of the report made to the court.
(5) Where a direction is given under this section in any proceedings, a party
to the proceedings, unless the court otherwise directs, shall not be
entitled to call as a witness the person responsible for carrying out the
tests taken for the purpose of giving effect to the direction, or any person
by whom any thing necessary for the purpose of enabling those tests to
be carried out was done, unless within fourteen days after receiving a
copy of the report he serves notice on the other parties to the
proceedings, or on such of them as the court may direct, of his intention
to call that person; and where any such person is called as a witness the
party who called him shall be entitled to cross-examine him.
(6) Where a direction is given under this section the party on whose
application the direction is given shall pay the cost of taking and testing
bodily samples for the purpose of giving effect to the direction (including
any expenses reasonably incurred by any person in taking any steps
required of him for the purpose), and of making a report to the court
under this section, but the amount paid shall be treated as costs incurred
by him in the proceedings.13

13 Consents, etc, required for taking of bodily samples

[1969/21P]
(1) Subject to the provisions of subsections (3) and (4) of this section, a
bodily sample which is required to be taken from any person for the
purpose of giving effect to a direction under section 12 of this Act shall
not be taken from that person except with his consent.14

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(2) The consent of a minor who has attained the age of sixteen years to the
taking from himself of a bodily sample shall be as effective as it would be
if he were of full age; and where a minor has by virtue of this subsection
given an effective consent to the taking of a bodily sample it shall not be
necessary to obtain any consent for it from any other person.15

(3) A bodily sample may be taken from a person under the age of sixteen
years, not being such a person as is referred to in subsection (4) of this
section, if the person who has the care and control of him consents.16

(4) A bodily sample may be taken from a person suffering from mental
disorder within the meaning of the Mental Health Act 1974 and is
incapable of understanding the nature and purpose of scientific tests if
the person who has the care and control of him consents and the medical
practitioner in whose care he is has certified that the taking of a bodily
sample from him will not be prejudicial to his proper care and
treatment.17

(5) The foregoing provisions of this section are without prejudice to the
provisions of section 15 of this Act.
14 Power to provide for manner of giving effect to direction for use of

scientific tests

[1969/22P]
(1) The Clerk of the Rolls may by regulations make provision as to the
manner of giving effect to directions under section 12 of this Act and, in
particular, and such regulations may —
(a) provide that bodily samples shall not be taken except by such
medical practitioners as may be appointed by the Department of
Health and Social Care;18

(aa) prescribe the bodily samples to be taken;19

(b) regulate the taking, identification and transport of bodily
samples;20

(c) require the production at the time when a bodily sample is to be
taken of such evidence of the identity of the person from whom it
is to be taken as may be prescribed by the regulations;21

(d) require any person from whom a bodily sample is to be taken, or,
in such cases as may be prescribed by the regulations, such other
person as may be so prescribed, to state in writing whether he or
the person from whom the sample is to be taken, as the case may
be, has during such period as may be specified in the regulations
suffered from any such illness or condition or undergone any
such treatment as may be so specified or received a transfusion of
blood;22

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(e) provide that scientific tests shall not be carried out except by such
persons, and at such places, as may be appointed by the
Department of Health and Social Care;23

(f) prescribe the scientific tests to be carried out and the manner in
which they are to be carried out;24

(g) [Repealed]25

(h) make provision for securing that so far as practicable the bodily
samples to be tested for the purpose of giving effect to a direction
under section l2 of this Act are tested by the same person;
(i) prescribe the form of the report to be made to a court under
section 12 of this Act.26

(1A) The charges that may be made for the taking and testing of bodily
samples and for the making of a report to the court under section 12 of
this Act shall be those payable under regulations for the time being in
force in England and Wales under section 22(1)(g) of the Family Law
Reform Act 1969 (an Act of Parliament).27

(2) Regulations made under this section shall be subject to the approval of
Tynwald.
15 Failure to comply with direction for taking scientific tests

[1969/23P]
(1) Where a court gives a direction under section 12 of this Act and any
person fails to take any step required of him for the purpose of giving
effect to the direction, the court may draw such inferences, if any, from
that fact as appear proper in the circumstances.
(2) Where in any proceedings in which the parentage of any person falls to
be determined by the court hearing the proceedings there is a
presumption of law that that person is legitimate, then if —
(a) a direction is given under section 12 of this Act in those
proceedings, and
(b) any party who is claiming any relief in the proceedings and who
for the purpose of obtaining that relief is entitled to rely on the
presumption fails to take any step required of him for the purpose
of giving effect to the direction,
the court may adjourn the hearing for such period as it thinks fit to
enable that party to take that step, and if at the end of that period he has
failed without reasonable cause to take it, the court may, without
prejudice to subsection (1) of this section, dismiss his claim for relief
notwithstanding the absence of evidence to rebut the presumption.28

(3) Where any person named in a direction under section 12 of this Act fails
to consent to the taking of a bodily sample from himself or from any
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person named in the direction of whom he has the care and control, he
shall be deemed for the purposes of this section to have failed to take a
step required of him for the purpose of giving effect to the direction.29

16 Penalty for personating another, etc, for purpose of providing bodily

sample

[1969/24P]
If for the purpose of providing a bodily sample for a test required to give effect
to a direction under section 12 of this Act any person personates another, or
proffers a child knowing that it is not the child named in the direction, he shall
be liable —
(a) on conviction on information, to imprisonment for a term not
exceeding two years, or
(b) on summary conviction, to a fine not exceeding £5,000.30

17 Interpretation of Part II

In this Part —
“bodily sample
” means a sample of bodily fluid or bodily tissue taken for the
purpose of scientific tests;
“excluded
” means excluded subject to the occurrence of mutation;
“scientific tests
” means tests carried out under this Part and made with the
object of ascertaining the inheritable characteristics of bodily fluids or
bodily tissue.31

PART III – MISCELLANEOUS AND GENERAL

18 [Repealed]
32

19 and 20 [Repealed]
33

21 [Repealed]
34

22 Amendment, revocation and repeal of Acts and instruments by order

Where at the commencement of the Act there is in force any Act, or any
instrument made under any Act, containing provisions appearing to the
Governor in Council to be inconsistent with any of the provisions of this Act or
to be redundant in consequence of the passing of this Act, the Governor in
Council may with the approval of Tynwald, and without prejudice to any
power to amend, revoke or repeal those provisions, by order make such
alterations, whether by amendment, revocation or repeal, in the said Act or
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instrument as appear to him to be necessary for the purpose of bringing those
provisions into conformity with the provisions of this Act or for the purpose of
removing the redundant provisions as the case may be.35

23 Short title, interpretation and commencement

(1) This Act may be cited as the Family Law Reform (Isle of Man) Act 1971.
(2) This Act shall come into operation when the Royal Assent thereto has
been by the Governor announced to Tynwald and a certificate thereof
has been signed by the Governor and the Speaker of the House of Keys,
but shall take effect on such day as the Governor may by order appoint,
and different days may be appointed for different provisions of
this Act.36

Family Law Reform (Isle of Man) Act 1971 Schedule 1



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SCHEDULE 1

STATUTORY PROVISIONS AMENDED BY SUBSTITUTING 18

FOR 21 YEARS

Section 1(3)
[Sch 1 amended by Marriage Act 1984 Sch 5, by Adoption Act 1984 Sch 5, by
Administration of Estates Act 1990 Sch 5 and by Family Law Act 1991 Sch 6, and
amends the following Acts —
The Industrial and Building Societies Act 1892 q.v.
Trustee Act 1961 q.v.]
SCHEDULE 2
37

SCHEDULE 3

TRANSITIONAL PROVISIONS AND SAVINGS

Section 1(4)
Interpretation
1. (1) In this Schedule “the principal section
” means section 1 of this Act and
“the commencement date
” means the date on which that section comes into force.
(2) Subsection (6) of the principal section shall apply for the purposes of this
Schedule as it applies for the purposes of that section.
Funds in Court
2. Any order or directions in force immediately before the commencement date by
virtue of any rules of court or other statutory provisions relating to the control of
money recovered by or otherwise payable to an infant in any proceedings shall have
effect as if any reference therein to the infant’s attaining the age of twenty-one were a
reference to his attaining the age of eighteen or, in relation to a person who by virtue of
the principal section attains full age on the commencement date, to that date.
Wardship and custody orders
3. [Repealed]38

4. [Repealed]39

Schedule 3
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Power of trustees to apply income for maintenance of minor
5. (1) The principal section shall not affect section 31 of the Trustee Act 1961 —
(a) in its application to any interest under an instrument made before
the commencement date;
(b) [Repealed]40

(2) In any case in which (whether by virtue of this paragraph or paragraph 8
of this Schedule) trustees have power under subsection (1)(i) of the said section 31 to
pay income to the parent or guardian of any person who has attained the age of
eighteen, or to apply it for or towards the maintenance, education or benefit of any
such person, they shall also have power to pay it to that person himself.
6. [Repealed]41

7. [Repealed]42

Statutory provisions incorporated in deeds, wills, etc.
8. The principal section shall not affect the construction of any statutory provision
where it is incorporated in and has effect as part of any deed, will or other instrument
the construction of which is not affected by that section.
Family Law Reform (Isle of Man) Act 1971 Endnotes


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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (3) amended by Family Law Act 1991 Sch 6. 2
Subs (4) amended by Statute Law Revision Act 1997 Sch 2. 3
S 2 repealed by Marriage Act 1984 Sch 5. 4
S 3 repealed by Administration of Estates Act 1990 Sch 5. 5
S 4 repealed by Family Law Act 1991 Sch 6. 6
Subs (1) repealed by Inheritance (Provisions for Family and Dependants) Act 1982
Sch. 7
Subss (2) and (3) repealed by Domestic Proceedings Act 1983 Sch 3. 8
Ss 6 and 7 repealed by Family Law Act 1991 Sch 6. 9
S 10 repealed by Statute Law Revision Act 1997 Sch 2. 10
Subs (1) substituted by Family Law Act 1991 s 21. 11
Subs (2) substituted by Family Law Act 1991 s 21. 12
Subs (2A) inserted by Family Law Act 1991 s 21. 13
Subs (6) amended by Family Law Act 1991 Sch 5. 14
Subs (1) amended by Family Law Act 1991 Sch 5. 15
Subs (2) amended by Family Law Act 1991 Sch 5. 16
Subs (3) amended by Family Law Act 1991 Sch 5. 17
Subs (4) amended by Family Law Act 1991 Sch 5. 18
Para (a) amended by Family Law Act 1991 Sch 5, by Transfer of Governor’s
Functions Act 1992 Sch 1, by SD155/10 Sch 4 and by SD2014/08. 19
Para (aa) inserted by Family Law Act 1991 Sch 5. 20
Para (b) amended by Family Law Act 1991 Sch 5. 21
Para (c) amended by Family Law Act 1991 Sch 5.
Endnotes Family Law Reform (Isle of Man) Act 1971


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22
Para (d) amended by Family Law Act 1991 Sch 5. 23
Para (e) amended by Family Law Act 1991 Sch 5, by Transfer of Governor’s
Functions Act 1992 Sch 1, by SD359/11 and by SD2014/08. 24
Para (f) amended by Family Law Act 1991 Sch 5. 25
Para (g) repealed by Family Law Act 1991 Sch 5. 26
Subs (1) amended by Governor’s General Functions (Transfer) Act 1980 Sch 1. 27
Subs (1A) inserted by Family Law Act 1991 Sch 5. 28
Subs (2) amended by Family Law Act 1991 Sch 5. 29
Subs (3) amended by Family Law Act 1991 Sch 5. 30
S 16 amended by Family Law Act 1991 Sch 5. 31
S 17 substituted by Family Law Act 1991 s 21. 32
S 18 repealed by Legitimacy Act 1985 Sch 4. 33
Ss 19 and 20 repealed by Civil Registration Act 1984 Sch 4. 34
S 21 repealed by Marriage Act 1984 Sch 5. 35
S 22 amended by Governor’s General Functions (Transfer) Act 1980 Sch 1. 36
ADO (whole Act) 1/4/1972 by (GC93/71). 37
Sch 2 repealed by Statute Law Revision Act 1997 Sch 2. 38
Para 3 repealed by Statute Law Revision Act 1997 Sch 2. 39
Para 4 repealed by Adoption Act 1984 Sch 5. 40
Item (b) repealed by Administration of Estates Act 1990 Sch 5. 41
Para 6 repealed by Administration of Estates Act 1990 Sch 5. 42
Para 7 repealed by Limitation Act 1984 Sch 4.