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ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT (NORTHERN IRELAND) 1924

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT (NORTHERN IRELAND) 1924
- LONG TITLE

An Act to make better provision in Northern Ireland with regard to
children of unmarried parents; and for other purposes connected
therewith.{1}
[7th November 1924]
Power to make Affiliation Order upon man alleged to be father of
illegitimate child.

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT (NORTHERN IRELAND) 1924
- SECT 1

1.(1) Where a man is alleged by the mother to be the father of
her illegitimate child, and has been summoned in accordance with the
provisions of this Act to appear before a court of summary
jurisdiction, constituted as hereinafter provided acting for the petty
sessions district or place in which the mother resides,... the court
shall have power to make an order (in this Act referred to as an
"Affiliation Order") adjudging the man to be the putative father of
the child. An Affiliation Order may provide, under such conditions
as the Court sees fit, for the payment by such putative father of

(a)the expenses incidental to the birth of the child;

(b)if the child has died before the making of the Affiliation Order
the funeral expenses of such child, [to an amount that the court
considers reasonable]; and

(c)a weekly sum of money ... in any one week in respect of the
maintenance and education of the child....

(2) For the purposes of this Act the expression "the mother" means
any single woman who is with child or has been delivered of an
illegitimate child, and includes

(a)a widow;

(b)a married woman living separate from her husband; and

(c)a married woman not living separate from her husband, but who at
the time of her marriage had been delivered of an illegitimate
child.

(3) The court shall not make an Affiliation Order unless

(a)the child has been born alive;

(b)the man alleged to be the father of the child appears before
the court or it is proved to the court that the summons was duly
served upon him; and

(c)the evidence of the mother is corroborated in some material
particular by other evidence to the satisfaction of the court.

Subs.(4) rep. by 1936 c.32 s.228 sch.6 Pt.II

(5) ... a summons under this Act may be issued by any justice of
the peace having jurisdiction in the petty sessions district or
place where the summons is returnable.

Subs.(6) rep. by SLR (NI) 1952

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT (NORTHERN IRELAND) 1924
- SECT 2
Provisions as to summons.

2.(1) A summons may be issued for the appearance before a court of
summary jurisdiction of the man who is alleged by the mother to be
the father of her illegitimate child, to show cause why an
Affiliation Order should not be made upon him in respect of the
child.

(2) An application for a summons under this section may be made
... by the mother ... [or may be made pursuant to section twelve
of the Welfare Services Act (Northern Ireland), 1949, or pursuant to
[section 159] of the Children and Young Persons Act (Northern
Ireland), [1968], by a welfare authority or council authorised in
that behalf] [or pursuant to Article 24 of the Supplementary
Benefits (Northern Ireland) Order 1977 by the [Department of Health
and Social Services.]]

(3) [Without prejudice to section 12(2) of the Welfare Services Act
(Northern Ireland) 1949,... [Article 24(2) of the Supplementary
Benefits (Northern Ireland) Order 1977] [or section 159(2) of the
Children and Young Persons Act (Northern Ireland) 1968,] an
application] for such summons may be made

(a)at any time before the birth of such child; or

(b)within twelve months from the birth of such child; or

(c)after the expiration of the said twelve months, upon proof that
the man alleged to be the father of such child has within the
said twelve months paid money for the maintenance of such child; or

(d)within the twelve months next after the return to Northern
Ireland of the man alleged to be the father of such child, upon
proof that he was absent from Northern Ireland at the time of the
birth of such child or that he ceased to reside in Northern
Ireland within the twelve months next after the birth of such
child.

(4) No summons shall be issued under this section, unless the
mother has made an information in writing upon oath stating who is
the father of the child.

(5) Where the application for a summons under this section is made
before the birth of the child, the justice of the peace issuing
the summons shall make it returnable at some petty sessions to be
held upon a day after the time when the child is expected to be
born, but the court of summary jurisdiction shall have power to
adjourn the hearing of the case from time to time to such later
day as may be required in order to secure the attendance before
the court of the mother or any other necessary witness.

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT (NORTHERN IRELAND) 1924
- SECT 3
Provisions as to duration, effect and variation of Affiliation
Orders.

3.(1) A liability under an Affiliation Order shall not be determined
by the death of the mother or of the putative father of the child
in respect of whom the order has been made. In the case of the
death of the mother after the making of an Affiliation Order
proceedings for the enforcement of the order may be taken or
continued by the person having the custody of the child,... and
such person... may be made a party to any proceedings taken for
the commutation of weekly sums. In the case of the death of the
putative father after the making of the Affiliation Order, his
personal representative may be made a party to any proceedings for
the enforcement of the order, and the court may make an order for
the payment out of his estate of such lump sum as the court
thinks just, but in no case exceeding the aggregate of the sums
for the payment of which the putative father would, if he had
lived, have been liable under the Affiliation Order. Such lump sum
shall be paid to the collecting officer or to such other person or
body of persons as may be designated by the court and shall be
invested and applied for the maintenance and education of the child
in such manner as the court may direct.

(2) Any weekly sum payable under an Affiliation Order shall be
calculated as from such date, within twelve months before or after
the date of the order, but in no case earlier than the birth of
the child, as the court thinks fit.

(3) The sums due under an Affiliation Order shall be payable
(whether through the collecting officer ..., or directly) to such
person as may be named in the order, being

(a)... the mother or other person for the time being having the
custody of the child either legally or by any arrangement approved
by the court;

Para.(b) rep. by 1948 c.13 (NI) s.30(2) sch.6

(4) A court of summary jurisdiction may, upon cause being shown
upon fresh evidence to the satisfaction of the court, make an order
varying an Affiliation Order

(a)by altering the amount of the sums payable thereunder or
directing that the payment of those sums shall cease or be revived;
or

(b)by directing that the sums payable thereunder shall be paid to
some person other than the person named in the Affiliation Order:

(c)by ordering the payment by the putative father of the funeral
expenses of any child who may have died while any Affiliation Order
in respect of such child was in force against such putative father
[to an amount that the court considers reasonable].

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT (NORTHERN IRELAND) 1924
- SECT 4
Commutation of weekly sums.

4.(1) Any weekly sums payable under an Affiliation Order may, on
the application of the putative father of an illegitimate child, be
commuted by the court by which the Affiliation Order was made for
a lump sum, if that court is satisfied

(a)that arrangements have been made for the proper administration of
the lump sum for the maintenance and education of the child; and

(b)that the lump sum is sufficient to afford to the child benefits
at least equal to those which would be afforded by the payment of
weekly sums.

Such lump sum shall be paid to the collecting officer or to such
other person or body of persons as may be designated by the court,
and shall be invested and applied for the maintenance and education
of the child in such manner as the court may direct.

(2) All sums applicable under this section for the maintenance and
education of an illegitimate child shall, if default is made by any
person in the payment thereof, be recoverable in like manner as
sums payable by the putative father under an Affiliation Order.

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT (NORTHERN IRELAND) 1924
- SECT 5
Agreement as to payment of weekly or lump sum.

5. Where an agreement is entered into between the mother of an
illegitimate child and the man alleged to be the father of that
child, for the payment by that man of a weekly sum of money, or
of a lump sum, for the maintenance and education of the child, and
in discharge of any liability under this Act in respect thereof,
such agreement shall be a bar to proceedings to obtain an
Affiliation Order under this Act in respect of that child, or in
case such agreement is entered into after a summons has been issued
under this Act, but before the hearing of the case, a bar to
further proceedings for that purpose, if a resident magistrate is
satisfied on an ex parte application by either party (which may be
heard and determined otherwise than in open court)

(a)that the agreement affords to the child benefits at least equal
to those which might be expected to have been obtained by the
making of an Affiliation Order or the commutation of the weekly
sums payable under an Affiliation Order; and

(b)that the agreement provides for the payment of the weekly sums,
or the lump sum, to some person or body of persons approved by
the resident magistrate; and

(c)where the agreement is for a lump sum, that it provides for the
investment and application of that sum for the maintenance and
education of the child in such manner as the resident magistrate
may approve.

S.6 rep. by 1946 c.5 (NI) s.4(2); 1948 c.13 (NI) s.30(2) sch.6;
SLR (NI) 1952; 1964 c.21 (NI) s.172 sch.7; 1980 NI4 art.44(2)(b)
sch.3

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT (NORTHERN IRELAND) 1924
- SECT 7
Appeals to county court.

7.(1) An appeal shall lie to the court of quarter sessions, against
any order (other than an order for the adjournment of a hearing)
made by a court of summary jurisdiction under this Act, and also
against any refusal by such court to make such an order in like
manner as an appeal lies in cases of a civil nature to which the
provisions of section twenty-four of the Petty Sessions (Ireland)
Act, 1851, apply.

Subs.(2) rep. by SLR 1976

(3) The court may, on an appeal under this section, confirm or
quash the order or reduce or increase the amount of any sum
directed to be paid thereby,....

(4) Where an appeal is made against an Affiliation Order

(a)the court shall not confirm the order appealed against unless the
evidence of the mother is corroborated in some material particular
by other evidence to the satisfaction of the court;

(b)if, at any time before the hearing of the appeal, the man upon
whom the order has been made gives notice in writing of the
abandonment of the appeal to the mother or other person in whose
favour the order has been made, and to the court before which his
recognizance has been taken, and pays or tenders to the appropriate
party all sums due under the order and such sum as the
last-mentioned court may order in respect of the costs incurred by
that party by reason of notice of the appeal, the recognizance
entered into by him shall not be estreated in or otherwise put in
force or proceeded with.

S.8 rep. by 1964 c.21 (NI) s.172 sch.7

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT (NORTHERN IRELAND) 1924
- SECT 9
Application of provisions of Summary Jurisdiction Acts for purposes
of Act.

9.(1) The provisions of the Summary Jurisdiction (Ireland) Acts shall
apply with respect to the issue and service of any summons, the
hearing of any case, the making of any order and the taking of
any proceedings by or before a court of summary jurisdiction for
the purposes of this Act, except as otherwise expressly provided in
this Act.

(2) Notwithstanding anything in the Summary Jurisdiction (Ireland)
Acts, a summons issued under this Act for the appearance of a man
who is alleged to be the father of an illegitimate child, or who
has been adjudged to be the putative father of such child, may be
served upon him in any part of Northern Ireland,....

(3) Where a justice of the peace to whom an application has been
made for a summons under this Act dies or is removed or otherwise
ceases to hold office as such justice of the peace, or is unable
to act, any powers and jurisdiction which might have been exercised
by him on or in relation to the application shall be exercisable
by any other justice of the peace acting for the same petty
sessions district or place.

(4) Where the man alleged to be the father of an illegitimate
child resides outside the petty sessions district or place in which
his case is heard or about to be heard, it shall be lawful to
prove by affidavit in the prescribed form that any summons or order
has been duly served upon such man. Any affidavit purporting to be
made and attested in the prescribed form shall be received in
evidence, and shall be deemed to be duly made and attested until
the contrary is shown.

(5) Notwithstanding anything in any enactment a court to which any
application or appeal is made under this Act may make an order for
the payment by the applicant or the defendant, or both of them of
the costs of the court and of such reasonable costs and expenses
of either of the parties as the court thinks fit.

(6) It shall be lawful for the mother to apply for a summons, or
take any proceedings under this Act, before any court, or make any
request or give any consent in pursuance of this Act,
notwithstanding that she is under the age of [eighteen] years.

S.10 rep. by 1953 c.3 (NI) s.6(2) sch.1

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT (NORTHERN IRELAND) 1924
- SECT 11
Saving for liability of mother.

11. Nothing in this Act shall be deemed to relieve the mother of
an illegitimate child from her liability to maintain such child.

ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT (NORTHERN IRELAND) 1924
- SECT 12
Short title.

12.(1) This Act may be cited as the Illegitimate Children
(Affiliation Orders) Act (Northern Ireland), 1924.

Subs.(2) rep. by SLR (NI) 1952