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)