The Family Law (Northern Ireland) Order 1993

The Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)

1.  In section 11 (application to Ireland), for paragraphs (a) to (c) substitute—

“(a) In section 4 (power of court of summary jurisdiction to confirm maintenance order made out of UK) after subsection (5) there shall be inserted the following subsections—

“(5A) Where a court of summary jurisdiction confirms a provisional order under this section, it shall at the same time exercise one of its powers under subsection (5B).

(5B) 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.

(5C) In deciding which of the powers under subsection (5B) it is to exercise, the court shall have regard to any representations made by the person liable to make payments under the order.

(5D) 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 (5B) 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 4(5B) of the Maintenance Orders (Facilities for Enforcement) Act 1920, and”.”;

(b) In section 4, for subsection (6) there shall be substituted the following subsections—

“(6) Subject to subsection (6A), where a provisional order has been confirmed under this section, it may be varied or revoked in like manner as if it had originally been made by the confirming court.

(6A) Where the confirming court is a court of summary jurisdiction, Article 86 of the Magistrates' Courts (Northern Ireland) Order 1981 (revocation, variation, etc., of orders for periodical payment) shall have effect in relation to a provisional order confirmed under this section—

(a) as if in paragraph (3) for the words “sub-paragraphs (a) to (d) of Article 85(3)” there were substituted “section 4(5B) of the Maintenance Orders (Facilities for Enforcement) Act 1920”;

(b) as if in paragraph (4) for sub-paragraph (b) there were substituted—

“(b) payments under the order are required to be made to the collecting officer by any method of payment falling within Article 85(7) (standing order, etc.)”;

and as if after the words “petty sessions” there were inserted “for the petty sessions district for which the court which made the order acts;”

(c) as if in paragraph (5) for the words “to the collecting officer” there were substituted “in accordance with paragraph (a) of section 4(5B) of the Maintenance Orders (Facilities for Enforcement) Act 1920”;

(d) as if in paragraph (7), sub-paragraph (c) and the word “and” immediately preceding it were omitted;

(e) as if in paragraph (8) for the words “sub-paragraphs (a) to (d) of Article 85(3)” there were substituted “section 4(5B) of the Maintenance Orders (Facilitites for Enforcement) Act 1920”;

(f) as if for paragraphs (9) and (10) there were substituted the following paragraphs—

“(9) In deciding, for the purposes of paragraphs (3) and (8), which of the powers under section 4(5B) of the Maintenance Orders (Facilities for Enforcement) Act 1920 it is to exercise, the court shall have regard to any representations made by the debtor.

(10) Paragraph (5) of Article 85 (power of court to require debtor to open account) shall apply for the purposes of paragraphs (3) and (8) 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 4(5B) of the Maintenance Orders (Facilities for Enforcement) Act 1920, and”.”

(6B) Where on an application for variation or revocation the confirming court is satisfied that it is necessary to remit the case to the court which made the order for the purpose of taking any further evidence, the court may so remit the case and adjourn the proceedings for the purpose.”;

(c) In section 6 (mode of enforcing orders registered or confirmed by courts under Act) in subsection (2) for the words “the order shall be so enforceable” there shall be substituted “the order shall, subject to the modifications of Article 98 of the Magistrates' Courts (Northern Ireland) Order 1981 (enforcement of sums adjudged to be paid and complaint for arrears) specified in subsection (3ZA) of section 18 of the Maintenance Orders Act 1950 (enforcement of registered orders), be so enforceable”.”.