Paragraph 115 I1

(1)

Paragraph 6A (variation etc of orders for periodical payments) is amended as follows.

(2)

In sub-paragraph (1)—

(a)

for “a magistrates'” substitute “ the family ”, and

(b)

for “sub-paragraphs (7) and (8)” substitute “ sub-paragraph (7) ”.

(3)

In sub-paragraphs (1) and (7) (making provision as to payment when exercising power to vary) for “paragraphs (a) to (d) of section 59(3) of the Magistrates' Courts Act 1980” substitute “ section 1(4) and (4A) of the Maintenance Enforcement Act 1991 ”.

(4)

Omit sub-paragraphs (2) to (5) and (10) (power of justices' clerk to vary order).

(5)

In sub-paragraph (6) (power to require account to be opened)—

(a)

for “Subsection (4) of section 59 of the Magistrates' Courts Act 1980” substitute “ Subsection (6) of section 1 of the Maintenance Enforcement Act 1991 ”, and

(b)

for “sub-paragraphs (1) and (5)” substitute “ sub-paragraph (1) ”.

(6)

Omit sub-paragraph (8) (duty to exercise powers in particular way).

(7)

In sub-paragraph (9) (powers under paragraph only exercisable if payer resident in England and Wales)—

(a)

omit “, or of a justices' clerk,”, and

(b)

for the words from “which” to end substitute “ unless at the time when the order was made the person required to make the payments was ordinarily resident in England and Wales. ”

Annotations

Commencement

I1: Sch. 11 para. 115 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)