Part III Forfeitures and Deductions and Enforcement of Maintenance Liabilities
151 Deductions from pay for maintenance of wife or child.
1
Where F2the Defence Council or an officer authorised by them are satisfied that an officer, warrant officer, non-commissioned officer or airman of the regular air force is neglecting, without reasonable cause, to maintain his wife F13or civil partner or any child of his under the age of F3seventeenF4or that such a child of his is in careF2the Defence Council or officer may order such sum to be deducted from his pay and appropriated towards the maintenance of his F14wife, civil partner or child as F2the Defence Council or officer think fit.
F51A
A child is in care for the purposes of this section at any time when by virtue of any enactment (including an enactment of the Parliament of Northern Ireland or a Measure of the Northern Ireland Assembly)—
a
he is F6being looked after by a local authority in England or Wales (within the meaning of the Children Act 1989); or
b
he is subject to a supervision requirement to which Part VI of the M1Social Work (Scotland) Act 1968 applies; or
F7c
he is being looked after by an authority (within the meaning of the Children (Northern Ireland) Order 1995).
2
On an application made to F2the Defence Council or an officer authorised by them for an order under F8subsection (1) of this sectionF2the Defence Council or officer, if satisfied that a prima facie case has been made out for the making of such an order, may make an interim order for such deduction and appropriation as is mentioned in F9subsection (1) of this section to take effect pending the further examination of the case.
3
Where an order is in force under subsection (1) or subsection (3) of the last foregoing section for the making of deductions in favour of any person from the pay of an officer, warrant officer, non-commissioned officer or airman of the regular air force, no deductions from his pay in favour of the same person shall be ordered under the foregoing provisions of this section unless the officer, warrant officer, non-commissioned officer or airman is in a place where process cannot be served on him in connection with proceedings for the variation of the order of the court in consequence of which the order under the last foregoing section was made.
F103A
Where an order is in force under section 150A of this Act for deductions to be made from the pay of any member of the regular air force with respect to the maintenance of a child of his, no order may be made under this section for the deduction of any sums from the pay of that person with respect to the maintenance of that child.
F113AA
Where an order is in force under section 150AA of this Act for deductions to be made from the pay of any member of the regular air force with respect to the maintenance of a child of his, no order may be made under this section for the deductions of any sums from the pay of that person with respect to the maintenance of that child.
4
F2The Defence Council or an officer authorised by them may by order vary or revoke any order previously made under this section, and may treat any order made under this section as being in suspense at any time while the person against whom the order was made is absent as mentioned in paragraph (a) of subsection (1) of section one hundred and forty-five of this Act.
5
The power to make an order under this section for the deduction of any sum and its appropriation towards the maintenance of a child shall include power—
a
subject to the provisions of subsection (3) of this section, to make such an order after the child has attained the age of F3seventeen, if an order in favour of the child is in force under subsection (1) or subsection (3) of the last foregoing section; or
b
to make such an order after the child has attained the age of F3seventeen if—
i
such an order of the court as is mentioned in subsection (1) of the last foregoing section was in force in favour of the child at the time when the child attained that age, and
ii
the person from whose pay the deductions are ordered is in such a place as is mentioned in subsection (3) of this section, and
iii
the child is for the time being engaged in a course of education or training; or
c
to continue such an order from time to time after the child has attained the age of F3seventeen, if the child is for the time being engaged in a course of education or training;
but no order so made or continued shall remain in force after the child attains the age of twenty-one or shall, unless continued under paragraph (c) of this subsection, remain in force for more than two years.
F126
Without prejudice to any enactment or rule of law relating to adoption or legitimation, references in this section to a child of any person shall be construed without regard to whether the father and mother of the child have or had been married to each other at any time.