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Children Act 1989

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Children Act 1989, Section 6A is up to date with all changes known to be in force on or before 11 December 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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F1 [ 6A (1)Subject to [F2sub-paragraph (7) ], the power of [F3the family] court—E+W

(a)under paragraph 1 or 2 to vary an order for the making of periodical payments, or

(b)under paragraph 5(6) to vary an order for the payment of a lump sum by instalments,

shall include power, if the court is satisfied that payment has not been made in accordance with the order, to exercise one of its powers under [F4section 1(4) and (4A) of the Maintenance Enforcement Act 1991 ].

F5( 2 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5( 3 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5( 4 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5( 5 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)[F6Subsection (6) of section 1 of the Maintenance Enforcement Act 1991] (power of court to order that account be opened) shall apply for the purposes of [F7sub-paragraph (1)] as it applies for the purposes of that section.

(7)Before varying the order by exercising one of its powers under [F8section 1(4) and (4A) of the Maintenance Enforcement Act 1991 ], the court shall have regard to any representations made by the parties to the application.

F9( 8 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) None of the powers of the court F10 ... , conferred by this paragraph shall be exercisable in relation to an order under this Schedule for the making of periodical payments, or for the payment of a lump sum by instalments, [F11 unless at the time when the order was made the person required to make the payments was ordinarily resident in England and Wales. ]

F12( 10 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Sch. 1 para. 6A inserted (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3) , s. 6 ; S.I. 1992/455 , art. 2 .

F2 Words in Sch. 1 para. 6A(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 11 para. 115(2)(b) ; S.I. 2014/954 , art. 2(e) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11 )

F3 Words in Sch. 1 para. 6A(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 11 para. 115(2)(a) ; S.I. 2014/954 , art. 2(e) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11 )

F4 Words in Sch. 1 para. 6A(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 11 para. 115(3) ; S.I. 2014/954 , art. 2(e) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11 )

F5 Sch. 1 paras. 6A(2)-(5) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 11 para. 115(4) ; S.I. 2014/954 , art. 2(e) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11 )]

F6 Words in Sch. 1 para. 6A(6) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 11 para. 115(5)(a) ; S.I. 2014/954 , art. 2(e) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11 )

F7 Words in Sch. 1 para. 6A(6) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 11 para. 115(5)(b) ; S.I. 2014/954 , art. 2(e) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11 )

F8 Words in Sch. 1 para. 6A(7) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 11 para. 115(3) ; S.I. 2014/954 , art. 2(e) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11 )

F9 Sch. 1 para. 6A(8) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 11 para. 115(6) ; S.I. 2014/954 , art. 2(e) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11 )

F10 Words in Sch. 1 para. 6A(9) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 11 para. 115(7)(a) ; S.I. 2014/954 , art. 2(e) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11 )

F11 Words in Sch. 1 para. 6A(9) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 11 para. 115(7)(b) ; S.I. 2014/954 , art. 2(e) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11 )

F12 Sch. 1 para. 6A(10) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 11 para. 115(4) ; S.I. 2014/954 , art. 2(e) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11 )

Modifications etc. (not altering text)

C1 Sch. 1 para. 6A excluded by 1972 c. 18 , s. 34A(1) (as inserted (1.4.1992) by 1991 c. 17 , Sch. 1 para. 19(2) ; S.I. 1992/455 , art. 2 )

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