PART VIII

CIVIL PROCEEDINGS UPON COMPLAINT

Powers exercisable upon civil complaint

Maintenance orders: penalty for breach
85B
1
In any case where—
a
payments under a relevant Northern Ireland maintenance order are required to be made periodically in the manner mentioned in sub-paragraph (a) or (b) of Article 85A(1), and
b
the debtor fails, on or after the date of coming into operation of this Article, to comply with the order in so far as the order relates to the manner of payment concerned,
the person for whose benefit the payments are required to be made may make a complaint to a justice of the peace ... giving details of the failure to comply.
2
If the justice of peace is satisfied that the nature of the alleged failure to comply may be such as to justify a court of summary jurisdiction in exercising its power under paragraph (3), he shall issue a summons directed to the debtor requiring him to appear before a court of summary jurisdiction to answer the complaint.
3
On the hearing of the complaint, the court of summary jurisdiction may order the debtor to pay a sum not exceeding £1000.
4
Any sum ordered to be paid under paragraph (3) shall for the purposes of this Order be treated as adjudged to be paid by a conviction of a magistrates' court.
5
In this Article—
- “debtor” has the same meaning as it has in Article 85;
- “maintenance order” has the same meaning as it has in Article 85;
...
- “relevant Northern Ireland maintenance order” means—
  1. a maintenance order made by a court of summary jurisdiction, other than an order made under Part II of the Maintenance Orders (Reciprocal Enforcement) Act 1972; or
  2. an order made by the High Court or a county court and registered under Part II of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 in a court of summary jurisdiction;
and any reference to payments required to be made periodically includes a reference to instalments required to be paid in respect of a lump sum payable by instalments.
Pt. VIII (arts. 77-90) applied (1.10.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 58, 100(5), Sch. 5 paras. 5(3), 10(2) (with s. 101(2)); S.I. 2009/1493, art. 2(a)(c)
Pt. VIII (arts. 77-90) applied (prosp.) by Charities Act (Northern Ireland) 2008 (c. 12), ss. 147(4), 185(1)
Pt. VIII referred to by S.I. 1996/3158 (N.I.), art. 76D(4)(b) (as inserted (1.10.2016) by Licensing of Pavement Cafs Act (Northern Ireland) 2014 (c. 9), s. 32(1), Sch. para. 2; S.R. 2016/126, art. 2)
Words in art. 85B(1) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 86(19)(a), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
Words in art. 85B(2) substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 86(19)(b) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)
Words in art. 85B(3) substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 86(19)(c) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)
Words in art. 85B(5) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 86(19)(d), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)