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The Family Law (Northern Ireland) Order 1993


This is the original version (as it was originally made).

The Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)

10.  In Article 98 (enforcement of orders for periodical payment of money)—

(a)in paragraph (7) (court not to make an order of, or issue a warrant of, commitment in certain circumstances)—

(i)for “may” substitute “shall not”;

(ii)for “is not due” substitute “is due”;

(iii)at the end add

and without prejudice to the preceding provisions of this paragraph, the court shall not make such an order or issue such a warrant—

(a)in a case where the court has power to do so, if it is of the opinion that it is appropriate—

(i)to make an attachment of earnings order; or

(ii)to order that payments under the order be made by any method of payment falling within Article 85(7); or

(b)where the sum in question comprises only interest which that person has been ordered to pay under Article 86A(1);

(b)after paragraph (8) insert—

(8A) The commitment to prison of a person under paragraph (5) or (6)(a) shall not operate to discharge him from liability to pay the sum in respect of which the order or commitment was made or the warrant of commitment was issued; but where a person has been imprisoned under an order of commitment made in respect of his failure to pay any sum, then, notwithstanding anything in this Order, no such order shall be made in respect of that sum or any part of it.;

(c)in paragraph (11) at the end insert—

  • so, however, that in the case of orders mentioned in sub-paragraph (a), (b) or (d), this Article shall apply subject to any modifications specified in the statutory provision mentioned in that sub-paragraph..

11.  In Article 99(7) (court not to make an order of, or issue a warrant of, commitment in certain circumstances)—

(a)for “may” substitute “shall not”;

(b)for “is not due” substitute “is due”.

12.  In Article 100(2) (definitions), in the definition of “collecting officer” for “Article 85(2) or (3)” substitute “Article 85(4)”.

13.  In Article 101(2) (attachment of earnings order) for the words from “made” onwards substitute “in accordance with Article 85(1)”.

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