Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979

Variation and discharge of secured periodical payments orders N.I.

18.—(1) Where an application for an order under Article 4 is made to the court by any person who was at the time of the death of the deceased entitled to payments from the deceased under a secured periodical payments order made under the Matrimonial Causes (Northern Ireland) Order 1978 [1978 NI 15] [F1 or Schedule 15 to the Civil Partnership Act 2004], then, in the proceedings on that application, the court shall have power, if an application is made under this Article by that person or by the personal representative of the deceased, to vary or discharge that periodical payments order or to revive the operation of any provision thereof which has been suspended under Article 33 of that Order[F1 or Part 10 of that Schedule].

(2) In exercising the powers conferred by this Article the court shall have regard to all the circumstances of the case, including any order which the court proposes to make under Article 4 or Article 7, and any change (whether resulting from the death of the deceased or otherwise) in any of the matters to which the court which made the secured periodical payments order was required to have regard when making it.

(3) The powers exercisable by the court under this Article in relation to an order shall be exercisable also in relation to any instrument executed in pursuance of the order.

F1 2004 c. 33