Section 192 — Family Proceedings Act 1980: Transitional provisions

192 Transitional provisions (1) Notwithstanding section 189(3) of this Act,— (a) All criminal proceedings that have been commenced under the Matrimonial Proceedings Act 1963 or the Domestic Proceedings Act 1968 and are pending at the commencement of section 189 of this Act shall, subject to subsection (2) of this section, be heard and determined as if those provisions had not been repealed; and (b) All proceedings that have been commenced under Part 2 or Part 4 of the Matrimonial Proceedings Act 1963 and are pending at the commencement of section 189 of this Act shall be heard and determined and shall have the same effect at law as if the Matrimonial Proceedings Act 1963 had not been repealed; and (c) All other proceedings that have been commenced under any other provision of the Matrimonial Proceedings Act 1963 or the Domestic Proceedings Act 1968, and are pending at the commencement of section 189 of this Act shall, notwithstanding section 18(2) of the Family Courts Act 1980 , but subject to subsection (3) of this section, be heard and determined— (i) If the hearing of those proceedings has not commenced, under this Act; and (ii) If the hearing of those proceedings has commenced, as if this Act had not been passed. (2) On the commencement of section 189(3) of this Act, every prosecution that is then pending under section 107(1) of the Domestic Proceedings Act 1968 shall be deemed to have been stayed. (3) On the commencement of section 189(3) of this Act, all proceedings that are then pending under Part 3 of the Matrimonial Proceedings Act 1963 (other than section 17 of that Act) shall lapse, except that in any such case the Court may make such order as to costs and witnesses' expenses as it thinks fit. (4) Subject to subsections (1) to (3) of this section, this Act shall apply to every order— (a) That has been made under the Matrimonial Proceedings Act 1963 or the Domestic Proceedings Act 1968 or to which either of those Acts applied; and (b) Is of the kind that could have been made under this Act if this Act were then in force—

as if it had been made under this Act. (5) Notwithstanding subsection (4) of this section, no application may be made under section 99 of this Act for an order varying a maintenance order that has been made before the commencement of that section, unless a period of not less than 12 months has expired since the making of the order or since the last date before the commencement of section 99 of this Act on which the order was varied; but an application for a variation of that order may nevertheless be made before the expiration of that period of 12 months under section 47 of the Matrimonial Proceedings Act 1963 or under section 85 of the Domestic Proceedings Act 1968, as the case may require, as if those sections had not been repealed. (6) This Act shall apply to every maintenance agreement registered under the Domestic Proceedings Act 1968 at the commencement of section 83 of this Act; and every agreement so registered shall, on the commencement of section 83 of this Act, have effect as if it were registered under that section. Compare: 1963 No 71 s 91; 1968 No 62 s 132 Subsection (1)(c) was amended, as from 1 October 1981, by section 3(2) Family Proceedings Amendment Act 1981 (1981 No 64) by inserting the words “ notwithstanding section 18(2) of the Family Courts Act 1980, but ” .