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SCHEDULES

X1SCHEDULE 11U.K. MINOR AMENDMENTS RELATING TO MAINTENANCE ORDERS

Editorial Information

X1The text of ss. 15(4), 16(5), 23(2), 35(2)(3), 36(6), 37(2), 38, 40(3), 54, Schs. 10–12 and 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

PART IU.K. ENFORCEMENT OF LUMP SUM ORDERS

Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (N.I.)U.K.

3(1)Section 11 of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (registration of orders) is amended as follows.U.K.

(2)In subsection (3) (registration of order made by court of summary jurisdiction for enforcement in the High Court), for the words from “shall” onwards (which require the court to be satisfied that not less than a certain number of periodical payments are in arrears) substitute “ may, if it thinks fit, grant the application ”.

(3)After subsection (3) insert—

(3A)Without prejudice to subsection (3), where an order made by a court of summary jurisdiction provides for both the payment of a lump sum and for the making of periodical payments, a person entitled to receive a lump sum under the order who considers that, so far as it relates to that sum the order could be more effectively enforced if it were registred may apply to the original court for the registration of the order so far as it relates, and the court may, if it thinks fit, grant the application.

(3B)Where an application under subsection (3A) is granted in the case of an order made by a court of summary jurisdiction, the provisions of this Part shall have effect in relation to that order as if so far as it relates to the payment of a lump sum it were a separate order..