5(1)Without prejudice to the generality of paragraph 1, an order under that paragraph for the payment of a lump sum may be made for the purpose of enabling any liabilities or expenses—
(a)incurred in connection with the birth of the child or in maintaining the child; and
(b)reasonably incurred before the making of the order,
to be met.
(2)The amount of any lump sum required to be paid by an order made by a magistrates’ court under paragraph 1 or 2 shall not exceed £1000 or such larger amount as the [F1Lord Chancellor] may from time to time by order fix for the purposes of this sub-paragraph.
(3)The power of the court under paragraph 1 or 2 to vary or discharge an order for the making or securing of periodical payments by a parent shall include power to make an order under that provision for the payment of a lump sum by that parent.
(4)The amount of any lump sum which a parent may be required to pay by virtue of sub-paragraph (3) shall not, in the case of an order made by a magistrates’ court, exceed the maximum amount that may at the time of the making of the order be required to be paid under sub-paragraph (2), but a magistrates’ court may make an order for the payment of a lump sum not exceeding that amount even though the parent was required to pay a lump sum by a previous order under this Act.
(5)An order made under paragraph 1 or 2 for the payment of a lump sum may provide for the payment of that sum by instalments.
(6)Where the court provides for the payment of a lump sum by instalments the court, on an application made either by the person liable to pay or the person entitled to receive that sum, shall have power to vary that order by varying—
(a)the number of instalments payable;
(b)the amount of any instalment payable;
(c)the date on which any instalment becomes payable.
Textual Amendments
F1Words in Sch. 1 para. 5(2) substituted (1.4.1992) by S.I. 1992/709, art. 3(2), Sch.2 (with art. 5(2)).
Modifications etc. (not altering text)
C1Sch. 1 para. 5(2): functions of the Secretary of State transferred to the Lord Chancellor (1.4.1992) by S.I. 1992/709, art. 3(1), Sch. 2 (with art. 5(2)).
Commencement Information
I1Sch. 1 para. 5 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)