Access to Justice Act 1999

Valid from 01/04/2001

This section has no associated Explanatory Notes

100(1)Section 59A (orders for periodical payments: proceedings by clerk) is amended as follows.

(2)In subsection (1) (proceedings by clerk where payment not made)—

(a)for “the clerk of a magistrates’ court” substitute “ a justices’ chief executive ”,

(b)for “the clerk of the relevant court” substitute “ the relevant justices’ chief executive ”, and

(c)for “to the clerk” substitute “ to that justices’ chief executive ”.

(3)In subsection (2) (authority to clerk to act under subsection (3))—

(a)for “the clerk of a magistrates’ court” substitute “ a justices’ chief executive ”, and

(b)for “the clerk of the relevant court for the clerk” substitute “ the relevant justices’ chief executive for him ”.

(4)In subsection (3) (proceedings by clerk), for “the clerk of the relevant court, the clerk” substitute “ the relevant justices’ chief executive, he ”.

(5)In subsection (4) (cessation of authority)—

(a)for “the clerk of a relevant court” substitute “ a justices’ chief executive ”,

(b)for “clerk cancelling” substitute “ justices’ chief executive cancelling ”, and

(c)for “clerk shall” substitute “ justices’ chief executive shall ”.

(6)In subsection (7) (interpretation), for the definition of “the relevant court” substitute—

the relevant justices’ chief executive”, in relation to an order, means—

(a)in a case where payments under the order are required to be made to or through a justices’ chief executive, that justices’ chief executive;

(b)in a case where such payments are required to be made by any method of payment falling within section 59(6) above and the order was made by a magistrates’ court, the justices’ chief executive for that magistrates’ court; and

(c)in a case where such payments are required to be made by any method of payment falling within section 59(6) above and the order was not made by a magistrates’ court, the justices’ chief executive for the magistrates’ court in which the order is registered;.

(7)In the sidenote, for “clerk” substitute “ justices’ chief executive ”.