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GAZE1TE
DECEMBER 1977
LAW REFORM COMMISSION
REPORT ON LAW RELATING TO AGE OF
MAJORITY AND AGE OF MARRIAGE
SUMMARY OF PROPOSALS
6.1 This chapter contains a summary of the various
proposals that have been made in the Working Paper.
The General Scheme of a Bill to implement these
proposals and to make certain consequential changes in
the law forms Chapter VII.
6.2 The proposals are as follows:
(1)The age of majority should be reduced to 18 and a
person under that age should reach majority on marriage.
(Paragraphs 2.38 and 2.45).
(2) The term "minor" (instead of "infant") should in
future be applied to a person who has not reached
majority. (Paragraph 2.38, but see also Note to section 5
of the General Scheme of a Bill in Chapter VII.
(3) The "free age for marriage" should be the same as
the age of majority. There should also be "a minimum
age for marriage" which could be the same as the "free
age for marriage"
or
there should be an "absolute
minimum age for marriage" (16) and a "consent age for
marriage" (16 to 18). The General Scheme of the Bill is
drafted on the basis of the letter option. (Paragraphs 4.2,
4.48 and 4.54).
(4) On the basis of an "absolute minimum age" (16),
the marriage of a person under that age should be made
null and void and intrinsically or essentially invalid. The
marriage of a person during the "consent age for
marriage" (16 to 18) should also be made null and void
and intrinsically or essentially invalid, unless the consent
of the parents or of a Court or other appropriate
authority is first obtained. (Paragraphs 4.2, 4.55 and
4.56).
(5) The time at which a person attains a particular age
expressed in years should be the commencement of the
relevant anniversary of the date of his birth. (Paragraphs
5.3 to 5.7).
(6) The legislation reducing the age of majority should
ensure that an order for maintenance may be made under
the Illegitimate Children (Affiliation Orders) Act 1930 or
under section 11 of the Guardianship of Infants Act or
under the Family Law (Maintenance of Spouses and
Children) Act 1976 for the benefit of a child receiving
full-time education until that child reaches the age of 21.
In addition, the age of 18 should be substituted for the
age of 16 in the 1930 and 1976 Acts and also in the
Social Welfare (Supplementary Welfare Allowances) Act
1975. (Paragraph 5.22).
(7) Legislation reducing the age of majority to 18 years
should provide that the payments made under the Social
Insurance and Assistance Services (other than children's
allowances) provided by the State should continue in
respect of a child receiving full-time education at a school,
college, university or other educational institution until
that child reaches the age of 21. (Paragraphs 5.26 to
5.28).
(8) If the age of majority is reduced from 21 years, the
qualifying age for a blind pension should be similarly
reduced. (Paragraph 5.30).
(9) The jurisdiction over the person or estate of a ward
of court should cease when he or she reaches the new age
of majority. (Paragraph 5.35).
(10) If the age of majority is reduced to 18 years, the
definition of child in section 3 of the Adoption Act 1952
should be amended so that the reference to twenty-one
years becomes a reference to the new age of majority. The
minimum age requirement for certain prospective
adopters should be changed from 21 years to the age of
majority. (Paragraphs 5.38 and 5.42; and see section
4(2) of the General Scheme of the Bill).
(11) Special transitory provisions should be included in
the legislation. These provisions will relate to funds in
court, wardship and custody orders, powers of trustees
during the minority of a beneficiary, limitation of actions,
etc. (Paragraphs 3.28 and 5.43 to 5.47).
(12) If the age of majority is reduced as proposed, the
new legislation should, in so far as the construction of
expressions such as "full age", "infancy" etc. is
concerned, apply to all statutory enactments and
instruments (no matter when passed or made) but not to
deeds, wills and other private instruments made before the
commencement date of the legislation. The legislation
should also provide that references in any statute to the
age of 21 should be read as references to the new age of
majority, except where the reference to the age of 21 is
not clearly related to the fact that 21 years is the age of
majority or where it is desirable for policy reasons (e.g., in
the case of maintenance payments and social welfare
benefits) to retain the age of 21. (Paragraph 3.28 and
5.48 to 5.52).
Working Papar No. 3 on Civil Liability for
Animals
After dealing with the rule of
Searle
v.
Wallbank
[1947]
A.C. 341, there is little doubt nowadays that the
immunity which the present law confers on the owners of
cattle which stray on the highway should be abolished.
The arguments for the removal of this immunity have
already been made and need not be repeated here.
If one accepts the need to abolish the immunity
confirmed in
Searle
v.
Wallbank
as the starting point,
then the remaining rules dealing with animal liability
might be approached in any of the following ways.
First, one could abolish completely the specific rules
relating to animals — the
scienter
action and cattle
trespass — and allow the general principles of Tort law
(principally negligence and nuisance) to handle the
injuries caused by animals in the same way as it handles
injuries caused by other chattels.
One would, by adopting such a suggestion, reintegrate
animals into the ordinary rules of tortious liability. In
modern times, it could be argued, there seems to be no
good reason for treating animals in a manner different
from other chattels. Moreover such an approach would,
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