The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) (Variation) Order 1999

6.  Schedule 3 shall be further varied by inserting in section 9 of the Act–

(a) in subsection (1)(a) after the word “vary”, the words “the method of payment of”;

(b) in subsection (1)(b) after the word “vary”, the words “the method of payment of”;

(c) in subsection (1ZA)–

(i) at the end of paragraph (za), the words

“and for the words “revoke, revive or vary the order”, there were substituted “vary the order in accordance with subsection (3)””;

(ii) after paragraph (za), the following paragraph–

“(zab) as if subsection (2) were omitted:”; and

(iii) in paragraph (a), for the words from “as if in subsection (3)” to “there were inserted–”, there shall be substituted “as if in subsection (3)–

(i) for the words “shall include”, there were substituted “means the”;

(ii) for the words “paragraphs (a) to (d) of section 59(3) above” there were substituted “subsection (3A) below”; and

(iii) after that subsection there were inserted–” .

(d) after subsection (1ZA)–

“(1ZB) Where the registering court is a court of summary jurisdiction in Northern Ireland, Article 86 of the Magistrates' Court (Northern Ireland) Order 1981(1) (revocation, variation etc., of orders for periodical payment) shall have effect in relation to the registered order–

(za) as if in paragraph (1) for the words “by order on complaint” there were substituted “on an application being made, by order” and for the words “revoke, revive or vary the order”, there were substituted “vary the order in accordance with paragraph (3)”;

(zab) as if paragraph (2) were omitted;

(a) as if in paragraph (3)–

(i) for the words “shall include”, there were substituted “means the”,

(ii) for the words “sub-paragraphs (a) to (d) of Article 85(3)” there were substituted “paragraph (3A)”, and

(iii) after that paragraph there were inserted–”

“(3A) The powers of the court are–

(a) the power to order that payments under the order be made directly to the collecting officer;

(b) the power to order that payments under the order be made to the collecting officer by such method of payment falling within Article 85(7) (standing order, etc.) as may be specified;

(c) the power to make an attachment of earnings order under Part IX to secure payments under the order;”

(b) as if in paragraph (4) for sub-paragraph (b) there were substituted–

“(b) payments under the order are required to be made to the collecting officer by any method of payment falling within Article 85(7) (standing order, etc.)”; and as if after the words “petty sessions” there were inserted “for the petty sessions district for which the court which made the order acts”;

(c) as if in paragraph (5) for the words “to the collecting officer” there were substituted “in accordance with sub-paragraph (a) of paragraph (3A)”;

(d) as if in paragraph (7), sub-paragraph (c) and the word “and” immediately preceding it were omitted;

(e) as if in paragraph (8) for the words “sub-paragraphs (a) to (d) of Article 85(3)” there were substituted “paragraph (3A)”;

(f) as if for paragraphs (9) and (10) there were substituted the following paragraphs–

“(9) In deciding, for the purposes of paragraphs (3) and (8), which of the powers under paragraph (3A) it is to exercise, the court shall have regard to any representations made by the debtor.

(10) Paragraph (5) of Article 85 (power of court to require debtor to open account) shall apply for the purposes of paragraph (3A) as it applies for the purpose of that Article but as if for sub-paragraph (a) there were substituted–

“(a) the court proposes to exercise its power under sub-paragraph (b) of Article 86(3A), and”.”.

(1)

S.I. 1981/1675.