(1)Where [F1the Defence Council] or an officer authorised by them are satisfied that an officer, warrant officer, non-commissioned officer or airman of the regular air force is neglecting, without reasonable cause, to maintain his wife or any child of his under the age of [F2seventeen][F3or that such a child of his is in care][F1the Defence Council] or officer may order such sum to be deducted from his pay and appropriated towards the maintenance of his wife or child as [F1the Defence Council] or officer think fit.
[F4(1A)A child is in care for the purposes of this section at any time when by virtue of any enactment (including an enactment of the Parliament of Northern Ireland or a Measure of the Northern Ireland Assembly)—
(a)he is [F5being looked after by a local authority in England or Wales (within the meaning of the Children Act 1989)]; or
(b)he is subject to a supervision requirement to which Part VI of the M1Social Work (Scotland) Act 1968 applies; or
[F6(c)he is being looked after by an authority (within the meaning of the Children (Northern Ireland) Order 1995).]]
(2)On an application made to [F1the Defence Council] or an officer authorised by them for an order under [F7subsection (1) of this section][F1the Defence Council] or officer, if satisfied that a prima facie case has been made out for the making of such an order, may make an interim order for such deduction and appropriation as is mentioned in [F8subsection (1) of this section] to take effect pending the further examination of the case.
(3)Where an order is in force under subsection (1) or subsection (3) of the last foregoing section for the making of deductions in favour of any person from the pay of an officer, warrant officer, non-commissioned officer or airman of the regular air force, no deductions from his pay in favour of the same person shall be ordered under the foregoing provisions of this section unless the officer, warrant officer, non-commissioned officer or airman is in a place where process cannot be served on him in connection with proceedings for the variation of the order of the court in consequence of which the order under the last foregoing section was made.
[F9(3A)Where an order is in force under section 150A of this Act for deductions to be made from the pay of any member of the regular air force with respect to the maintenance of a child of his, no order may be made under this section for the deduction of any sums from the pay of that person with respect to the maintenance of that child.]
[F10(3AA)Where an order is in force under section 150AA of this Act for deductions to be made from the pay of any member of the regular air force with respect to the maintenance of a child of his, no order may be made under this section for the deductions of any sums from the pay of that person with respect to the maintenance of that child.]
(4)[F1The Defence Council] or an officer authorised by them may by order vary or revoke any order previously made under this section, and may treat any order made under this section as being in suspense at any time while the person against whom the order was made is absent as mentioned in paragraph (a) of subsection (1) of section one hundred and forty-five of this Act.
(5)The power to make an order under this section for the deduction of any sum and its appropriation towards the maintenance of a child shall include power—
(a)subject to the provisions of subsection (3) of this section, to make such an order after the child has attained the age of [F2seventeen], if an order in favour of the child is in force under subsection (1) or subsection (3) of the last foregoing section; or
(b)to make such an order after the child has attained the age of [F2seventeen] if—
(i)such an order of the court as is mentioned in subsection (1) of the last foregoing section was in force in favour of the child at the time when the child attained that age, and
(ii)the person from whose pay the deductions are ordered is in such a place as is mentioned in subsection (3) of this section, and
(iii)the child is for the time being engaged in a course of education or training; or
(c)to continue such an order from time to time after the child has attained the age of [F2seventeen], if the child is for the time being engaged in a course of education or training;
but no order so made or continued shall remain in force after the child attains the age of twenty-one or shall, unless continued under paragraph (c) of this subsection, remain in force for more than two years.
[F11(6)Without prejudice to any enactment or rule of law relating to adoption or legitimation, references in this section to a child of any person shall be construed without regard to whether the father and mother of the child have or had been married to each other at any time.]
Textual Amendments
F1Words substituted by S.I. 1964/488, Sch. 1 Pt. I
F2Words substituted by Armed Forces Act 1976 (c. 52), s. 18(1)
F3Words inserted by Armed Forces Act 1976 (c. 52), s. 18(2)
F5Words in s. 151(1A)(a) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para. 9; S.I. 1991/828, art. 3(2)
F6S. 151(1A)(c) substituted (4.11.1996) by S.I. 1995/756, art. 4 (with art. 16); S.R. 1996/297, art. 3
F7Words substituted by Armed Forces Act 1981 (c. 55), Sch. 2 para. 8
F8Words substituted by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 11, Sch. 2 para. 8
F9S. 151(3A) inserted (E.W.S.) (12.4.1993) by S.I. 1993/785, art. 3(2)
F10S. 151(3AA) inserted (N.I.) (12.4.1993) by S.R. 1993/157, art. 3(3)
F11S. 151(6) inserted (retrospectively) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 14(5)(6); S.I. 1991/2179, art. 2
Marginal Citations
Textual Amendments applied to the whole legislation
F12Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2