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Child Care Act 1980

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This is the original version (as it was originally enacted).

47Contribution orders

(1)Where—

(a)the local authority in whose care a child is have, by notice in writing given to a person liable to make a contribution in respect of the child under section 45 of this Act (in this section and section 48 of this Act referred to as a " contributor "), proposed an amount as the amount of his contribution; and

(b)either the contributor and the local authority have not, within the period of one month beginning with the day on which the notice was given to the contributor, agreed on the amount of his contribution or the contributor has defaulted in making one or more contributions of an amount which has been agreed,

the local authority entitled under section 45(2) of this Act to receive contributions in respect of the child may apply to a magistrates' court appointed for the commission area where the contributor is for the time being residing for an order under this section.

(2)On an application under subsection (1) above, the court may make an order (in this Act referred to as a " contribution order ") requiring the contributor to contribute such weekly sum as the court having regard to his means thinks fit, not being greater than the amount proposed in the notice given to the contributor under subsection (1)(a) above.

(3)Subject to the provisions of this Act, a contribution order in respect of a child in the care of a local authority under section 2 of this Act shall remain in force so long as the child remains in the care of a local authority under that section and a contribution order in respect of a child who is in the care of a local authority by virtue of a care order shall remain in force so long as the child to whom it relates is in the care of the local authority to whose care he is committed by the care order.

(4)A contribution order may be enforced in like manner as an affiliation order and the enactments relating to the enforcement of affiliation orders shall, with any necessary modifications, apply accordingly, except that any powers conferred on a magistrates' court by any such enactment shall as respects a contribution order be exercisable, and exercisable only, by a magistrates' court appointed for the commission area where the contributor is for the time being residing.

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