Access to Justice Act 1999

This section has no associated Explanatory Notes

100(1)Section 59A (orders for periodical payments: proceedings by clerk) is amended as follows.

(2)In subsection (1) (proceedings by clerk where payment not made)—

(a)for “the clerk of a magistrates' court” substitute “a justices' chief executive”,

(b)for “the clerk of the relevant court” substitute “the relevant justices' chief executive”, and

(c)for “to the clerk” substitute “to that justices' chief executive”.

(3)In subsection (2) (authority to clerk to act under subsection (3))—

(a)for “the clerk of a magistrates' court” substitute “a justices' chief executive”, and

(b)for “the clerk of the relevant court for the clerk” substitute “the relevant justices' chief executive for him”.

(4)In subsection (3) (proceedings by clerk), for “the clerk of the relevant court, the clerk” substitute “the relevant justices' chief executive, he”.

(5)In subsection (4) (cessation of authority)—

(a)for “the clerk of a relevant court” substitute “a justices' chief executive”,

(b)for “clerk cancelling” substitute “justices' chief executive cancelling”, and

(c)for “clerk shall” substitute “justices' chief executive shall”.

(6)In subsection (7) (interpretation), for the definition of “the relevant court” substitute—

“the relevant justices' chief executive”, in relation to an order, means—

(a)in a case where payments under the order are required to be made to or through a justices' chief executive, that justices' chief executive;

(b)in a case where such payments are required to be made by any method of payment falling within section 59(6) above and the order was made by a magistrates' court, the justices' chief executive for that magistrates' court; and

(c)in a case where such payments are required to be made by any method of payment falling within section 59(6) above and the order was not made by a magistrates' court, the justices' chief executive for the magistrates' court in which the order is registered;.

(7)In the sidenote, for “clerk” substitute “justices' chief executive”.