Magistrates' Courts Act 1980

59 Periodical payment through justices 'clerk

(1) Where a magistrates' court orders money to be paid periodically by one person to another, the court may order that the payment shall be made to the clerk of the court or the clerk of any other magistrates' court.

(2) Where the order is an affiliation order, an order under the Guardianship of Minors Acts 1971 and 1973 or an order under Part I of the [1978 c. 22.] Domestic Proceedings and Magistrates' Courts Act 1978, the court shall, unless upon representations expressly made in that behalf by the applicant for the order it is satisfied that it is undesirable to do so, exercise its power under subsection (1) above.

(3) Where periodical payments under an order of any court are required to be paid to or through the clerk of a magistrates' court and any sums payable under the order are in arrear, the clerk shall, if the person for whose benefit the payment should have been made so requests in writing, and unless it appears to the clerk that it is unreasonable in the circumstances to do so, proceed in his own name for the recovery of those sums; but the said person shall have the same liability for all the costs properly incurred in or about the proceedings as if the proceedings had been taken by him.

(4) Nothing in this section 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.