OpenLegislation

Article 3 Defendant’s financial resources

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Unless —

(a)

the defendant is insured in respect of the claim,

(b)

the source of payment under the order for periodical payments is a government or health service body within the meaning of section 2A(2) of the Act,

(c)

the payment is guaranteed under section 6 of or the Schedule to the Act, or

(d)

the order is made by consent and the claimant is neither a child nor a patient within the meaning of Part VII of the Mental Health Act 1983f1 or of Part VIII of the Mental Health (Northern Ireland) Order 1986f2,

the court will take into account the defendant’s likely future financial resources in considering whether to make a variable order.

Annotations

Footnotes

f1

1983 c. 20.

f2

S.I. 1986/595 (N.I. 4).