Singapore legislation
Clause 47
Clause 47
Savings and transitional provisions
(1)
Notwithstanding sections 4, 22, 23 and 24, any family proceedings (not being probate proceedings) commenced in the High Court before the appointed date shall, on and after that date, be continued in and dealt with by the High Court as if those sections had not been enacted.
(2)
Notwithstanding sections 4 and 22, any contentious probate proceedings commenced in the High Court before the date specified under subsection (11) shall, on and after that date, be continued in and dealt with by the High Court as if those sections had not been enacted.
(3)
Any non-contentious probate proceedings commenced in the High Court before the date specified under subsection (11) shall, on and after that date, be continued in and dealt with by the Family Division of the High Court.
(4)
Any family proceedings (not being probate proceedings) commenced in a District Court or Magistrate’s Court before the appointed date shall, on and after that date, be continued in and dealt with by a Family Court.
(5)
Notwithstanding sections 69(a), (b), (g), (h), (l), (m), (n) and (p) and 72(a), (g) and (i), any contentious probate proceedings commenced in a District Court before the date specified under subsection (11) shall, on and after that date, be continued in and dealt with by a District Court.
(6)
Sections 69(a), (b), (g), (h), (l), (m), (n) and (p) and 72(a), (g) and (i) shall not apply to any contentious probate proceedings commenced in a District Court before the date specified under subsection (11); instead, the following provisions shall continue to apply to any such contentious probate proceedings as if sections 69(a), (b), (g), (h), (l), (m), (n) and (p) and 72(a), (g) and (i) had not been enacted:
sections 2 (definitions of “court” and “judge”), 31, 34, 36, 39, 40, 43(2), 45, 50(1), 53, 54, 66(1) and (2) and 67(1) and (2) of the Probate and Administration Act (Cap. 251) as in force immediately before the date specified under subsection (11);
sections 2 (definition of “District Court limit”), 26(a) and 27 of the State Courts Act (Cap. 321) as in force immediately before the date specified under subsection (11).
(7)
Notwithstanding sections 4 and 23, any appeal from any contentious probate proceedings commenced in a District Court shall, if the appeal is commenced in the High Court before the date specified under subsection (11), be continued in and dealt with by the High Court, on and after that date, as if those sections had not been enacted.
(8)
Any non-contentious probate proceedings commenced in a District Court before the date specified under subsection (11) shall, on and after that date, be continued in and dealt with by a Family Court.
(9)
Any family proceedings transferred to a District Court before the appointed date pursuant to an order made by the Chief Justice under section 28A of the Supreme Court of Judicature Act (Cap. 322) shall, on and after that date, be continued in and dealt with by a Family Court.
(10)
Any proceedings commenced in a Juvenile Court before the appointed date shall, on and after that date, be continued in and dealt with by a Youth Court.
(11)
The Minister may, by order published in the Gazette, specify a date for the purposes of subsections (2), (3) and (5) to (8), and paragraph (q) of the definition of “family proceedings” in section 2(1).
(12)
For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe such additional provisions of a savings or transitional nature consequent on the enactment of that provision as the Minister may consider necessary or expedient.
(13)
In this section —
Definition
“appointed date” means the date of commencement of Parts I to IV and Divisions 1 and 2 of Part V;
Definition
“probate proceedings” means any civil proceedings under the Probate and Administration Act.