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PART VIIIN.I.CIVIL PROCEEDINGS UPON COMPLAINT

Modifications etc. (not altering text)

C3Pt. VIII referred to by S.I. 1996/3158 (N.I.), art. 76D(4)(b) (as inserted (1.10.2016) by Licensing of Pavement Cafs Act (Northern Ireland) 2014 (c. 9), s. 32(1), Sch. para. 2; S.R. 2016/126, art. 2)

Powers exercisable upon civil complaintN.I.

Orders for periodical payment: proceedings by collecting officerN.I.

85A.—(1) Where payments under a relevant UK order are required to be made periodically—

(a)to or through the collecting officer, or

(b)by any method of payment falling within Article 85(7),

and any sums payable under the order are in arrear, the collecting officer F1... shall, if the person for whose benefit the payments are required to be made so requests in writing, and unless it appears to the collecting officer that it is unreasonable in the circumstances to do so, proceed in his own name for the recovery of those sums.

(2) Where payments under a relevant UK order are required to be made periodically to or through the collecting officer, the person for whose benefit the payments are required to be made may, at any time during the period in which the payments are required to be so made, give authority in writing to the collecting officer F1... for the collecting officer to proceed as mentioned in paragraph (3).

(3) Where authority under paragraph (2) is given to the collecting officer F1..., the collecting officer shall, unless it appears to him that it is unreasonable in the circumstances to do so, proceed in his own name for the recovery of any sums payable to or through him under the order in question which, on or after the date of the giving of the authority, fall into arrear.

(4) In any case where—

(a)authority under paragraph (2) has been given to the collecting officer F2..., and

(b)the person for whose benefit the payments are required to be made gives notice in writing to the collecting officer cancelling the authority,

the authority shall cease to have effect and, accordingly, the collecting officer shall not continue any proceedings already commenced by virtue of the authority.

(5) The person for whose benefit the payments are required to be made shall have the same liability for all the costs properly incurred in or about proceedings taken under paragraph (1) at his request or under paragraph (3) by virtue of his authority (including any costs incurred as a result of any proceedings commenced not being continued) as if the proceedings had been taken by him.

(6) Nothing in paragraph (1) or (3) shall affect any right of a person to proceed in his own name for the recovery of sums payable on his behalf under an order of any court.

(7) In this Article—