Civil Partnership Act 2004 (c. 33)

SCHEDULES

SCHEDULE 16 N.I. Financial relief in court of summary jurisdiction etc.: Northern Ireland

Modifications etc. (not altering text)

C1 Sch. 16: functions transferred (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 15(1), Sch. 17 para. 21(b) (with arts. 15(6), 28-31)

Part 1 N.I. Failure to maintain etc.: financial provision

The orders: periodical and secured periodical payments and lump sums N.I.

2 (1) The orders are— N.I.

(a) an order that the respondent must make to the applicant such periodical payments for such term as may be specified;

(b) an order that the respondent must pay to the applicant such lump sum as may be specified;

(c) an order that the respondent must make—

(i) to the applicant for the benefit of a child of the family to whom the application relates, or

(ii) to a child of the family to whom the application relates, such periodical payments for such term as may be specified;

(d) an order that the respondent must pay such lump sum as may be specified—

(i) to the applicant for the benefit of a child of the family to whom the application relates, or

(ii) to a child of the family to whom the application relates.

(2) The amount of a lump sum specified under sub-paragraph (1)(b) or (d) must not exceed—

(a) £1,000, or

(b) such larger amount as the Lord Chancellor may [F1 , after consultation with the Lord Chief Justice of Northern Ireland,] from time to time by order fix for the purposes of this sub-paragraph.

(3) The power to make an order under sub-paragraph (2) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(4) An order under sub-paragraph (2) is subject to [F2 negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954].

(5) “Specified” means specified in the order.

Textual Amendments

F1 Words in Sch. 16 para. 2(2)(b) inserted (3.4.2006) by The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006 (S.I. 2006/1016), art. 2, Sch. 1 para. 24

F2 Words in Sch. 16 para. 2(4) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 15(5), Sch. 18 para. 76 (with arts. 28-31)