Part I E+W Matrimonial Proceedings in Magistrates’ Courts

Modifications etc. (not altering text)

C1 Pt. I (ss. 1-35) applied (with modifications) by Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18), s. 28A(3) (as inserted by Domestic Proceedings and Magistrates' Court Act 1978 (c. 22, SIF 49:3), ss. 57, 89)

C2 Pt. I (ss. 1-35) applied (with modifications) by Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18), ss. 28, 28A

Variation, revocation and cessation of orders etc. E+W

[F1 20A Revival of orders for periodical payments. E+W

(1) Where an order made by a magistrates’ court under this Part of this Act for the making of periodical payments to or in respect of a child (other than an interim maintenance order) ceases to have effect—

(a) on the date on which the child attains the age of sixteen, or

(b) at any time after that date but before or on the date on which he attains the age of eighteen,

the child may apply to the court which made the order for an order for its revival.

(2) If on such an application it appears to the court that—

(a) the child is, will be or (if an order were made under this subsection) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment, or

(b) there are special circumstances which justify the making of an order under this subsection,

the court shall have power by order to revive the order from such date as the court may specify, not being earlier than the date of the making of the application.

(3) An order revived under this section may be varied or revoked under section 20 in the same way as it could have been varied or revoked had it continued in being.]

Textual Amendments

F1 S. 20A containing subsections (1)-(3) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 13 para. 39(1)(with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)