- Latest available (Revised)
- Original (As made)
The Child Support (Northern Ireland) Order 1991, Section 32F is up to date with all changes known to be in force on or before 04 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
32F—(1) The Department may make an order under this Article in pursuance of a proposal specified in an order under Article 32E if—
(a)the order in which the proposal was specified (“the interim order”) is in force;
(b)the period prescribed for the making of representations to the Department in respect of the proposal specified in the interim order has expired; and
(c)the Department has considered any representations made to it during that period.
(2) An order under this Article—
(a)shall be expressed to be directed at the deposit-taker or third party at which the interim order was directed;
(b)if the interim order was made by virtue of Article 32E(1)(a), shall specify the account specified in the interim order; and
(c)shall specify the amount of arrears of child support maintenance in respect of which it is made.
(3) The amount so specified—
(a)shall not exceed the amount of arrears specified in the interim order which remain unpaid at the time at which the order under this Article is made; and
(b)if the order is made in respect of a joint account, shall not exceed the amount that appears to the Department to be fair in all the circumstances.
(4) In determining the amount to be specified in an order made in respect of a joint account the Department shall have particular regard—
(a)to the amount contributed to the account by each of the account-holders; and
(b)to such other matters as may be prescribed.
(5) An order under this Article may specify an amount of arrears due under a maintenance calculation which is the subject of an appeal only if it appears to the Department—
(a)that liability for the amount would not be affected were the appeal to succeed; or
(b)where sub-paragraph (a) does not apply, that the making of an order under this Article in respect of the amount would nonetheless be fair in all the circumstances.
(6) The Department shall serve a copy of any order made under this Article on—
(a)the deposit-taker or third party at which it is directed;
(b)the liable person; an
(c)if the order is made in respect of a joint account, the other account-holders.]
F1Arts. 32E-32K inserted (1.6.2009 for specified purposes, 3.8.2009 in so far as not already in operation) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), ss. 15, 41(1) (with s. 40(2)(3)); S.R. 2009/216, art. 2(1)(b)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.