Singapore legislation
Clause 45
Clause 45
Saving and transitional provisions
(1)
Section 5 does not apply in relation to any order of the General Division of the High Court giving or refusing permission to appeal from any decision of a Family Court made before the date of commencement of that section.
(2)
Despite section 6(a), section 26(3A) of the Family Justice Act 2014 does not apply in relation to any application made in the course of any proceedings commenced before the date of commencement of section 6(a).
(3)
Despite section 6(c) and (d), section 26(8) of the Family Justice Act 2014 as in force immediately before the date of commencement of section 6(c) and (d) continues to apply in relation to any proceedings in a Family Court commenced before that date as if section 6(c) and (d) had not been enacted.
(4)
Despite section 7(b), section 27(2) of the Family Justice Act 2014 as in force immediately before the date of commencement of section 7(b) continues to apply in relation to the remuneration of any assessor summoned to assist any Family Court before that date as if section 7(b) had not been enacted.
(5)
Despite section 9, section 34 of the Family Justice Act 2014 as in force immediately before the date of commencement of section 9 continues to apply in relation to any judgment or order of a Family Court made before that date, as if section 9 had not been enacted.
(6)
Despite section 10(b) and (c), section 35(2) of the Family Justice Act 2014 as in force immediately before the date of commencement of section 10(b) and (c) continues to apply in relation to any proceedings in a Youth Court commenced before that date as if section 10(b) and (c) had not been enacted.
(7)
Despite section 14, section 11 of the Guardianship of Infants Act 1934 as in force immediately before the date of commencement of section 14 continues to apply in relation to the exercise of the powers conferred on the court by that Act in any proceedings commenced before that date as if section 14 had not been enacted.
(8)
Despite section 17, section 70 of the Women’s Charter 1961 as in force immediately before the date of commencement of section 17 continues to apply in relation to any application made before that date for an order —
to ensure the welfare of a child accepted as a member of a person’s family; or
to recover as a debt any sums expended by a person in maintaining a child who has been accepted as a member of that person’s family from the father or mother of the child,as if section 17 had not been enacted.
(9)
Despite section 27, section 132 of the Women’s Charter 1961 as in force immediately before the date of commencement of section 27 continues to apply in relation to any application made before that date for an order to set aside any disposition of property or for any injunction preventing any disposition of property as if section 27 had not been enacted.
(10)
Despite section 36(a) and (b), section 4(2) and (3) of the Probate and Administration Act 1934 as in force immediately before the date of commencement of section 36(a) and (b) continues to apply in relation to any citation caused to be issued under section 4(1) of that Act before that date as if section 36(a) and (b) had not been enacted.
(11)
Despite section 36(d), section 39 of the Probate and Administration Act 1934 as in force immediately before the date of commencement of section 36(d) continues to apply in relation to any application made before that date by the Public Trustee or any person claiming to be interested in property within Singapore left by any person who dies, as if section 36(d) had not been enacted.
(12)
As from the date of commencement of section 37(h) to (zd) (called in this subsection the relevant date), despite section 37(h) to (zd), any reference in the Women’s Charter 1961 to a matter mentioned in the first column of the following table in relation to any proceedings commenced in the Family Division of the High Court or a Family Court before that date is to be construed as a reference to the corresponding expression in the second column, and any such proceedings are to continue in accordance with the provisions of the relevant written law and the practice and procedure as were in force and applicable in relation to those proceedings immediately before the relevant date:First columnSecond columnNew expressionOld expression(a)ApplicantPlaintiff(b)RespondentDefendant(c)Originating application(i)Writ; or (ii)Writ of summons(d)Originating application for divorce(i)Writ of summons for divorce; or (ii)Writ for divorce(e)Originating application for presumption of death and divorceWrit of summons for presumption of death and divorce(f)Originating application for judicial separation(i)Writ of summons for judicial separation; or (ii)Writ for judicial separation(g)Originating application for nullity(i)Writ for nullity; or (ii)Writ claiming for a judgment of nullity(h)Originating application for nullity of marriage(i)Writ of summons for nullity of marriage; or (ii)Writ for nullity of marriage(i)Originating application for rescission of a judgment of judicial separationWrit of summons for rescission of a judgment of judicial separation.
(13)
Subject to regulations made under subsection (15), despite sections 16, 19, 20, 21, 22, 24, 25 and 35(b), sections 69, 71, 71A, 71B, 71C, 74, 75, 76, 77, 121, 121G(2) and Part 9 of the Women’s Charter 1961, as in force immediately before the date of commencement of sections 16, 19, 20, 21, 22, 24, 25 and 35(b), continue to apply as if sections 16, 19, 20, 21, 22, 24, 25 and 35(b) had not been enacted.
(14)
Subsection (13) ceases to apply to any class of maintenance orders, and in the circumstances, as may from time to time be prescribed under subsection (15).
(15)
The Minister charged with the responsibility for law may, by regulations prescribe —
the classes of maintenance orders and circumstances for the purposes of subsection (14); and
such provisions of a saving or transitional nature consequent on the regulations made under paragraph (a) as the Minister may consider necessary or expedient.
(16)
For a period of 2 years after the date of commencement of any provision of this Act, the Minister charged with the responsibility for law may, by regulations, prescribe such additional provisions of a saving or transitional nature consequent on the enactment of that provision as the Minister may consider necessary or expedient.