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Emergency Laws (Miscellaneous Provisions) Act 1947

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This is the original version (as it was originally enacted).

Provisions reproducing Regulation 17B of Defence (Administration of Justice) Regulations, 1940

5(1)Where a court of summary jurisdiction (hereafter in this paragraph referred to as " the original court ") has made an affiliation order or a maintenance order, then, if, on a complaint for the recovery of any payments under the order made in writing and upon oath to the original court, it appears to the court that the person from whom the payments are due is for the time being within the jurisdiction of some other court of summary jurisdiction and that the order can be more conveniently enforced by that other court,—

(a)the original court may, instead of issuing a summons or warrant on the complaint, order the clerk of the original court to send the complaint by post to the clerk of that other court; and

(b)on receipt of the complaint by the clerk of that other court, that other court shall issue a summons or warrant and shall heaT and determine the complaint as if it were the original court.

(2)Where—

(a)an affiliation order provides that payments thereunder shall be made through any person or officer other than the collecting officer of the court; or

(b)a maintenance order provides that payments thereunder shall be made through any person or officer (including the collecting officer of the court) ;

the person or officer through whom the payments are to be made shall have the same power of proceeding in his own name for the recovery of payments under the order as the collecting officer of the court has in a case where an affiliation- order provides for the making of payments to him.

(3)If, after a complaint for the recovery of payments under an order has by virtue of these provisions been sent by the clerk of the original court to the clerk of some other court, any payment under the order is received by the collecting officer or other officer of the original court or some Other person or officer specified in the order—

(a)that officer or person shall forthwith inform the clerk of the original court of the date and amount of the payment; and

(b)the clerk of the original court shall forthwith send by post to the clerk of that other court a certificate of the said date and amount ;

and any such certificate purporting to be signed by the clerk of the original court shall be evidence on the hearing of the complaint that the amount specified therein was paid on the date so specified.

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