SCHEDULES

SCHEDULE 2 Local Authority Support for Children and Families

Part III Contributions Towards Maintenance of Children Looked After by Local Authorities

Enforcement of contribution orders etc.

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(1)

A contribution order made by a magistrates’ court shall be enforceable as a magistrates’ court maintenance order (within the meaning of section 150(1) of the M1Magistrates’ Courts Act 1980).

(2)

Where a contributor has agreed, or has been ordered, to make contributions to a local authority, any other local authority within whose area the contributor is for the time being living may—

(a)

at the request of the local authority who served the contribution notice; and

(b)

subject to agreement as to any sum to be deducted in respect of services rendered,

collect from the contributor any contributions due on behalf of the authority who served the notice.

(3)

In sub-paragraph (2) the reference to any other local authority includes a reference to—

(a)

a local authority within the meaning of section 1(2) of the M2Social Work (Scotland) Act 1968; and

(b)

a Health and Social Services Board established under Article 16 of the M3Health and Personal Social Services (Northern Ireland) Order 1972.

(4)

The power to collect sums under sub-paragraph (2) includes the power to—

(a)

receive and give a discharge for any contributions due; and

(b)

(if necessary) enforce payment of any contributions,

even though those contributions may have fallen due at a time when the contributor was living elsewhere.

(5)

Any contribution collected under sub-paragraph (2) shall be paid (subject to any agreed deduction) to the local authority who served the contribution notice.

(6)

In any proceedings under this paragraph, a document which purports to be—

(a)

a copy of an order made by a court under or by virtue of paragraph 23; and

(b)

certified as a true copy by the F1F2designated officer for the court,

shall be evidence of the order.

(7)

In any proceedings under this paragraph, a certificate which—

(a)

purports to be signed by the clerk or some other duly authorised officer of the local authority who obtained the contribution order; and

(b)

states that any sum due to the authority under the order is overdue and unpaid,

shall be evidence that the sum is overdue and unpaid.