SCHEDULE 16Financial relief in court of summary jurisdiction etc.: Northern Ireland
Part 6Variation etc. of orders
Variation of orders for periodical payments: further provisions
36
(1)
If—
(a)
a court of summary jurisdiction has made an order under this Schedule for the making of periodical payments, and
(b)
payments under the order are required to be made by any method of payment falling within Article 85(7) of the 1981 Order (standing order, etc.),
an application may be made under this sub-paragraph to the clerk of petty sessions for the order to be varied as mentioned in sub-paragraph (2).
(2)
Subject to sub-paragraph (4), if an application is made under sub-paragraph (1), the clerk, after—
(a)
serving written notice of the application on the respondent, and
(b)
allowing the respondent, within the period of 14 days from the date of the serving of that notice, an opportunity to make written representations,
may vary the order to provide that payments under the order are to be made to the collecting officer.
(3)
The clerk may proceed with an application under sub-paragraph (1) even if the respondent has not received written notice of the application.
(4)
If an application has been made under sub-paragraph (1), the clerk may, if he considers it inappropriate to exercise his power under sub-paragraph (2), refer the matter to the court which, subject to paragraph 37, may vary the order by exercising one of its powers under Article 85(3)(a) to (d) of the 1981 Order.