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Article 32J Regulations about orders under Article 32E or 32FF1

(1)

The Department may by regulations make provision with respect to orders under Article 32E or 32F.

(2)

The regulations may, in particular, make provision—

(a)

as to circumstances in which amounts standing to the credit of an account are to be disregarded for the purposes of Articles 32E, 32G and 32H;

(b)

as to the payment to the Department of sums deducted under an order under Article 32F;

(c)

allowing a deposit-taker or third party at which an order under Article 32F is directed to deduct from the amount standing to the credit of the account specified in the order, or due to the liable person, a prescribed amount towards its administrative costs before making any payment to the Department required by Article 32H;

(d)

with respect to notifications to be given to the liable person (and, in the case of an order made in respect of a joint account, to the other account-holders) as to amounts deducted, and amounts paid, under an order under Article 32F;

(e)

requiring a deposit-taker or third party at which an order under Article 32E or 32F is directed to supply information of a prescribed description to the Department, or to notify the Department if a prescribed event occurs or prescribed circumstances arise;

(f)

for the variation of an order under Article 32E or 32F;

(g)

for an order under Article 32E or 32F to lapse in such circumstances as may be prescribed;

(h)

as to the revival of an order under Article 32E or 32F in such circumstances as may be prescribed

(i)

allowing or requiring an order under Article 32E or 32F to be discharged.

(3)

Where regulations under paragraph (1) make provision for the variation of an order under Article 32E or 32F, the power to vary the order shall not be exercised so as to increase the amount of arrears of child support maintenance specified in the order.

(4)

The Department may by regulations make provision with respect to priority as between an order under Article 32F and—

(a)

any other order under that Article;

(b)

any order under any other statutory provision which provides for payments to be made from amounts to which the order under Article 32F relates.

(5)

The Department shall by regulations make provision for any person affected by an order under Article 32F to have a right to appeal to a court against the making of the order.

(6)

On an appeal under regulations under paragraph (5), the court shall not question the maintenance calculation by reference to which the order under Article 32F was made.

(7)

Regulations under paragraph (5) may include—

(a)

provision with respect to the period within which a right of appeal under the regulations may be exercised;

(b)

provision with respect to the powers of the court to which the appeal under the regulations lies.

Annotations

Textual amendments

F1

Arts. 32E-32K inserted (1.6.2009 for specified purposes, 3.8.2009 in so far as not already in operation) by Child Maintenance Act (Northern Ireland) 2008 (c. 10), ss. 15, 41(1) (with s. 40(2)(3)); S.R. 2009/216, art. 2(1)(b)