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The Family Law (Northern Ireland) Order 1993


This is the original version (as it was originally made).

10.  In section 27 (general provisions relating to application for recovery of maintenance in England, etc.)—

(a)after subsection (7D) insert—

(7E) Where a court of summary jurisdiction in Northern Ireland makes an order on the complaint, Article 85 of the Magistrates' Courts (Northern Ireland) Order 1981 (orders for periodical payment: means of payment) and paragraph (1) of Article 36 of the Domestic Proceedings (Northern Ireland) Order 1980 (extension of Article 85) shall not apply, but the court shall, at the same time that it makes the order, exercise one of its powers under subsection (7F) below.

(7F) The powers of the court are—

(a)the power to order that payments under the order be made directly to the collecting officer;

(b)the power to order that payments under the order be made to the collecting officer, by such method of payment falling within Article 85(7) of the Magistrates' Courts (Northern Ireland) Order 1981 (standing order, etc.) as may be specified;

(c)the power to make an attachment of earnings order under Part IX of the Order of 1981 to secure payments under the order;

and in this subsection “collecting officer” means the officer mentioned in Article 85(4) of the Order of 1981.

(7G) In deciding which of the powers under subsection (7B) above it is to exercise, the court shall have regard to any representations made by the person liable to make payments under the order.

(7H) Paragraph (5) of Article 85 of the Magistrates' Courts (Northern Ireland) Order 1981 (power of court to require debtor to open account) shall apply for the purposes of subsection (7F) above as it applies for the purposes of that Article but as if for sub-paragraph (a) there were substituted—

(a)the court proposes to exercise its power under paragraph (b) of section 27(7F) of the Maintenance Orders (Reciprocal Enforcement) Act 1972, and.;

(b)subsection (9) (payment to be in such manner and to such person as may be prescribed and certain enactments not to apply) shall cease to have effect.

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