Consequential amendments and repeals - MCA 1973 s. 54
This section provides for amendments to other enactments listed in Schedule 2, and preserves effect of Interpretation Act 1978 ss.16(1) and 17(2)(a) on repeals.
Subject to the provisions of Schedule 1 to this Act— the enactments specified in Schedule 2 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential on the provisions of this Act or on enactments repealed by this Act; and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The amendment of any enactment by Schedule 2 to this Act shall not be taken as prejudicing the operation of sections 16(1) and 17(2)(a) of the Interpretation Act 1978 (which relates to the effect of repeals).
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section authorises the amendments to other Acts that are listed in Schedule 2 to the Matrimonial Causes Act 1973. Those amendments are made subject to the provisions of Schedule 1.
It also states that amending an enactment through Schedule 2 does not prejudice the operation of sections 16(1) and 17(2)(a) of the Interpretation Act 1978. Those sections preserve rights and liabilities that have already accrued when a repeal takes effect.
When it applies
- A legal researcher is checking whether an amendment to a previous Act made by Schedule 2 of MCA 1973 is still in force, and must read it subject to Schedule 1.
- A court is deciding whether a repealed provision of an earlier Act still applies to events that occurred before the repeal, and relies on Interpretation Act 1978 ss.16(1) and 17(2)(a) – section 54 confirms those sections remain unaffected.
- A solicitor needs to know that an amendment to another Act via Schedule 2 does not automatically nullify existing property rights because the Interpretation Act provisions still apply.
- A student looks at section 54 to understand the technical interaction between the Matrimonial Causes Act 1973 and other legislation.
What this section does not say
- That this section lists the actual amendments – they are in Schedule 2, not in the section itself.
- That it provides any substantive rights for parties in matrimonial proceedings – it deals only with technical amendments to other enactments.
- That it directly repeals any enactments – the omitted part of the section (indicated by ellipsis) may address repeals separately, but that is not provided here.
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of MCA 1973 s. 54 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.