Family Law Reform Act 1987

34 (1) Section 12C of that Act shall be amended as follows. E+W

(2) In subsections (1) to (3) for the words “section 9, 10 or 11” there shall be substituted the words “ section 11B, 11C or 11D ” and after the words “for the making” there shall be inserted the words “ or securing ”.

(3) In subsection (4) for the words “section 9, 10 or 11” there shall be substituted the words “ section 11B or 11C ” and after the words “for the making” there shall be inserted the words “ or securing ”.

(4) For subsection (5) there shall be substituted the following subsections—

“(5) Where an order for the making of periodical payments made under section 11B or 11C of this Act ceases to have effect on the date on which the child attains the age of sixteen or at any time after that date but before or on the date on which he attains the age of eighteen, the child may apply—

(a) in the case of an order made by the High Court or a county court, to the court which made the order, or

(b) in the case of an order made by a magistrates’ court, to the High Court or a county court,

for an order for the revival of the first mentioned order.

(6) If on such an application it appears to the High Court or county court that—

(a) the child is, will be or (if an order were made under this subsection) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not he also is, will be or would be in gainful employment; or

(b) there are special circumstances which justify the making of an order under this subsection,

the court shall have power by order to revive the first mentioned order from such date as the court may specify, not being earlier than the date of the making of the application.

(7) Any order made under section 11B or 11C of this Act by the High Court or a county court which is revived by an order under subsection (5) above may be varied or discharged under section 11B or 11C of this Act, as the case may be, on the application of any person by whom or to whom payments are required to be made under the order.

(8) Any order made under section 11B or 11C or this Act by a magistrates’ court which is revived by an order of the High Court or a county court under subsection (5) above—

(a) for the purposes of the variation and discharge of the order, shall be treated as an order of the court by which it was revived and may be varied or discharged by that court on the application of any person by whom or to whom payments are required to be made under the order; and

(b) for the purposes of the enforcement of the order, shall be treated as an order of the magistrates’ court by which the order was originally made.”