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Maintenance and Affiliation Orders Act (Northern Ireland) 1966

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16Interpretation of this Part.N.I.

(1)In this Part—

  • “collecting officer” has the same meaning as in[F1[F2 Article 85(4)] of the Magistrates' Courts (Northern Ireland) Order 1981];

  • “court of registration”, in relation to an order, means the court in which the order is registered;

  • “defendant”, in relation to a maintenance order, means the person liable to make payments under the maintenance order;

  • “maintenance order” has the meaning assigned to it by section 10(2);

  • “order” means a maintenance order to which this Part applies;

  • “original court”, in relation to an order, means the court first having jurisdiction to make the order, whether or not the order was made on appeal from that court;

  • “prescribed” means prescribed by rules of court;

  • “proper officer”, in relation to a court of summary jurisdiction, means the clerk of petty sessions;

  • “registered” means registered in accordance with the provisions of this Part and “registration” shall be construed accordingly.

(2)Any reference in this Part to “rules of court” shall, in relation to a[F3 county court or a court of summary jurisdiction, be construed respectively as a reference to county court rules or] magistrates' courts rules[F4 and in section 11A(4) shall be construed as including a reference to Judgment Enforcement Rules made under Article 141 of the Judgments Enforcement (Northern Ireland) Order 1981].

(3)Any reference in this Part to an order made by the High Court[F3, by a county court] or by a court of summary jurisdiction includes an order made on appeal from those courts, as the case may be.

(4)Any reference in this Part to a person entitled to receive payments under a maintenance order is a reference to a person entitled to receive such payments either directly or through another person or for transmission to another person.

(5)Any reference in this Part to proceedings relating to an order includes a reference to proceedings in which the order may be made.

(6)Any reference in this Part to costs incurred in proceedings relating to a maintenance order shall be construed, in the case of a maintenance order made by the High Court[F3 or by a county court], as a reference to such costs as are included in an order for costs relating solely to that maintenance order.

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