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Report No. 66

Appendix 5

Married Women (Restraint upon Anticipation Act, 1949 (English)

(12, 13 & 14 Geo. 6, C. 78)

An Act to render inoperative any restriction upon anticipation or alienation attached to the enjoyment of property by a woman.

(16th December 1949).

Abolition of restraint upon anticipation, and consequential amendments and repeals

1.(1) No restriction upon anticipation or alienation attached, or purported to be attached, to the enjoyment of any property by a woman which could not have been attached to the enjoyment of that property by a man shall be of any effect after the passing of this Act.

(2) The preceding sub-section shall have effect whatever is the date of the passing, execution or coming into operation of the Act or instrument containing the provision by virtue of which the restriction was attached or purported to be attached, and accordingly in section two of the Law Reform (Married Women and Tort-feasors) Act 1935, the proviso to sub-section (1) and sub-sections (2) and (3) (which make provision differentiating as to the operation of such a restriction between an Act passed before the passing of that Act or an instrument executed before the date mentioned in the said proviso on the one hand and an instrument executed on or after that date on the other hand) are hereby repealed.

(3) The enactments mentioned in the first column of the First Schedule to this Act shall have effect subject to the amendments specified in the second column of that Schedule.

[Sub-section (2) repealed by S.L.R. 1953]

Short title and extent

2.(1) This Act may be cited as the Married Women (Restraint upon Anticipation) Act, 1949.

(2) This Act shall not extend to Scotland or to Northern Ireland.

Married Womens Property Act, 1874 Back

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