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Children Act 1989

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Changes over time for: Cross Heading: Provisions relating to lump sums

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Version Superseded: 22/04/2014

Status:

Point in time view as at 01/03/2007.

Changes to legislation:

Children Act 1989, Cross Heading: Provisions relating to lump sums is up to date with all changes known to be in force on or before 24 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. Help about Changes to Legislation

Provisions relating to lump sumsE+W

5(1)Without prejudice to the generality of paragraph 1, an order under that paragraph for the payment of a lump sum may be made for the purpose of enabling any liabilities or expenses—E+W

(a)incurred in connection with the birth of the child or in maintaining the child; and

(b)reasonably incurred before the making of the order,

to be met.

(2)The amount of any lump sum required to be paid by an order made by a magistrates’ court under paragraph 1 or 2 shall not exceed £1000 or such larger amount as the [F1Lord Chancellor] may [F2, after consulting the Lord Chief Justice,] from time to time by order fix for the purposes of this sub-paragraph.

(3)The power of the court under paragraph 1 or 2 to vary or discharge an order for the making or securing of periodical payments by a parent shall include power to make an order under that provision for the payment of a lump sum by that parent.

(4)The amount of any lump sum which a parent may be required to pay by virtue of sub-paragraph (3) shall not, in the case of an order made by a magistrates’ court, exceed the maximum amount that may at the time of the making of the order be required to be paid under sub-paragraph (2), but a magistrates’ court may make an order for the payment of a lump sum not exceeding that amount even though the parent was required to pay a lump sum by a previous order under this Act.

(5)An order made under paragraph 1 or 2 for the payment of a lump sum may provide for the payment of that sum by instalments.

(6)Where the court provides for the payment of a lump sum by instalments the court, on an application made either by the person liable to pay or the person entitled to receive that sum, shall have power to vary that order by varying—

(a)the number of instalments payable;

(b)the amount of any instalment payable;

(c)the date on which any instalment becomes payable.

[F3(7)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.]

Textual Amendments

F1Words in Sch. 1 para. 5(2) substituted (1.4.1992) by S.I. 1992/709, art. 3(2), Sch.2 (with art. 5(2)).

Modifications etc. (not altering text)

C1Sch. 1 para. 5(2): functions of the Secretary of State transferred to the Lord Chancellor (1.4.1992) by S.I. 1992/709, art. 3(1), Sch. 2 (with art. 5(2)).

Commencement Information

I1Sch. 1 para. 5 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

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