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Statutory Instruments
FAMILY LAW
Made
3rd March 1993
Laid before Parliament
12th March 1993
Coming into force
5th April 1993
The Lord Chancellor, in exercise of the powers conferred on him by section 8(5) of the Child Support Act 1991(1), hereby makes the following order:—
1. This order may be cited as the Child Maintenance (Written Agreements) Order 1993 and shall come into force on 5th April 1993.
2. Section 8 shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child in any circumstances in which paragraphs (a) and (b) of section 8(5) apply.
Mackay of Clashfern, C.
Dated 3rd March 1993
(This note is not part of the Order)
This Order preserves the jurisdiction of courts to make a maintenance order in respect of a child in certain circumstances notwithstanding that a child support officer would have jurisdiction to make a maintenance assessment under the Child Support Act 1991 in respect of that child against the person to be liable under the maintenance order. The general effect of section 8 is to prevent the court from exercising any such jurisdiction where such an assessment could be obtained. This Order makes an exception where the order is simply to give effect to substantive provisions which have previously been agreed in writing.
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