Civil Partnership Act 2004

36 (1) If— E+W

(a) a magistrates' court 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 section 59(6) of the 1980 Act (standing order, etc.),

an application may be made under this sub-paragraph to the court 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), a justices' clerk, after—

(a) giving written notice (by post or otherwise) of the application to the respondent, and

(b) allowing the respondent, within the period of 14 days beginning with the date of the giving 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 designated officer for the court.

(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 section 59(3)(a) to (d) of the 1980 Act.