The Children (Northern Ireland) Order 1995

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

5.  In section 4A(3) (variation and revocation of maintenance orders)—

(a) for “defendant to a complaint” substitute “respondent to an application”;

(b) for “the complaint” substitute “the application (where it would not have such jurisdiction apart from this subsection)”;

(c) for “defendant” in the second place where it occurs substitute “respondent”.

6.  In section 11 (application to Ireland)—

(a) immediately before paragraph (a) insert the following paragraph—

“(za) In section 3(1), (3) and (6) for the words “England and Wales” there shall be substituted the words “Northern Ireland” and for subsection (7) of that section there shall be substituted the following subsection—

“(7) Where paragraph (1) of Article 86 of the Magistrates' Courts (Northern Ireland) Order 1981 (revocation, variation, etc., of orders for periodical payment) applies in relation to an order made under this section which has been confirmed, that paragraph shall have effect as if for the words “by order on complaint” there were substituted the words “on an application being made, by order”.”;”;

(b) in paragraph (b), immediately before paragraph (a) of subsection (6A) of section 4 there shall be inserted in that subsection the following paragraph—

“(za) as if in paragraph (1) for the words “by order on complaint” there were substituted “on an application being made, by order”;”;

(c) for paragraph (c) substitute the following paragraphs—

“(c) In section 6 (mode of enforcing orders), in the proviso to subsection (2), for the words from “in like manner” to the end substitute “as an order to which Article 98 of the Magistrates' Courts (Northern Ireland) Order 1981 applies, the order shall be so enforceable subject to the modifications of that Article specified in subsection (3ZA) of section 18 of the Maintenance Orders Act 1950 (enforcement of registered orders)”;

(cc) In section 7 (application of Summary Jurisdiction Acts), after subsection (2) there shall be added the following subsection—

“(3) Without prejudice to the generality of the power to make rules under Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981 (magistrates' courts rules), for the purpose of giving effect to this Act such rules may make, in relation to any proceedings brought under or by virtue of this Act, any provision which—

(a) falls within paragraph (2) of Article 165 of the Children (Northern Ireland) Order 1995, and

(b) may be made in relation to relevant proceedings under that Article.”.”.