The Gazette 1977

DECEMBER 1977

GAZE1TE

LAW REFORM COMMISSION

REPORT ON LAW RELATING TO AGE OF MAJORITY AND AGE OF MARRIAGE

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). 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, 203 Working Papar No. 3 on Civil Liability for Animals

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