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MAINTENANCE AND AFFILIATION ORDERS ACT (NORTHERN IRELAND) 1966

MAINTENANCE AND AFFILIATION ORDERS ACT (NORTHERN IRELAND) 1966 - LONG
TITLE

An Act to remove restrictions on certain orders which may be made
by courts of summary jurisdiction; to extend the periods for which
payments may be continued under certain orders; to extend the powers
of courts to make orders in respect of children in connection with
certain proceedings; to make provision for the registration in the
High Court or a court of summary jurisdiction of maintenance and
affiliation orders and with respect to the enforcement and variation
of orders so registered; and otherwise to make further provision
with respect to certain orders; and for purposes connected with the
matters aforesaid.
[15th November 1966]
PART I$$A

MAINTENANCE AND AFFILIATION ORDERS ACT (NORTHERN IRELAND) 1966 - SECT
3
Variation of orders made before the passing of this Act.

3.(1) Subject to subsection (2), the power of a court of summary
jurisdiction to vary any order under either of the Acts mentioned
in sections 1 ... shall include power so to vary any such order
made before the passing of this Act as to provide for the payment
of such increased sums as would have been lawful if the order had
been made after the passing of this Act.

(2) Subsection (1) shall not confer power

(a)to vary any order made before the passing of this Act in so
far as it provides for the payment of funeral expenses; or

(b)to alter any lump sum applied before the passing of this Act
for the maintenance and education of a child under section 4(1) of
the Act of 1924 (which enables a court of summary jurisdiction that
has made an affiliation order to commute the payments under the
order for a lump sum); ...

Para.(c) rep. by 1980 NI 5 art. 42(2)(b) sch.4

MAINTENANCE AND AFFILIATION ORDERS ACT (NORTHERN IRELAND) 1966 - SECT
4
Duration of affiliation orders.

4.(1) Subject to the provisions of the Act of 1924 and this Part,
an order made under section 1 of the Act of 1924 (in this Act
referred to as an affiliation order) which

(a)was made before the passing of this Act and is in force at
that passing; or

(b)is made after the passing of this Act;

(2) Nothing in subsection (1) shall enable a court of summary
jurisdiction to alter any commutation of payments under section 4(1)
of the Act of 1924 effected before the passing of this Act, or
affect the provisions of any other enactment limiting the duration
of an affiliation order.

Subs.(3) repeals in part s.1 of 1924 c.27 (NI)

MAINTENANCE AND AFFILIATION ORDERS ACT (NORTHERN IRELAND) 1966 - SECT
5
Continuance of payments under affiliation orders.

5.(1) Notwithstanding anything in section 4, the power conferred on
a court of summary jurisdiction by section 3 of the Act of 1924
and section 96 of the Magistrates' Courts Act (Northern Ireland)
1964 to vary or revive an affiliation order shall include power to
vary or revive any such order (whether made before or after the
passing of this Act) in accordance with the following provisions of
this section.

(2) If, on the hearing of proceedings by way of complaint made by
the child's mother, it appears to the court

(a)that the child is, or will be, or would be if an order is
made under this subsection, engaged in a course of education or
training after attaining the age of sixteen years, or that the
earning capacity of the child is or will after attaining that age
be impaired through illness or disability of mind or body; and

(b)that it is expedient that payments should be made under the
order after the child attains that age;

(3) The period specified in an order made by virtue of subsections
(1) and (2) may from time to time be extended by a subsequent
order so made, but shall not in any case extend beyond the date
when the child attains the age of twenty-one.

(4) Notwithstanding anything in the foregoing provisions of this
section an affiliation order shall not be varied or revived under
this section so as to provide for payments in respect of any
period

(a)before the making of a complaint under subsection (2); or

(b)before the child in respect of whom the affiliation order is so
varied or revived attains the age of sixteen years;

(5) Notwithstanding anything in the foregoing provisions of this
section or in any order made by virtue of this section, an
affiliation order shall not operate, after the child has attained
the age of sixteen years,

(a)so as to require payments thereunder to be made

(i)in respect of any period during which the child is detained in
a training school;

(ii)subject to subsection (6), in respect of any period during which
the child is in the care of a welfare authority under [section
103] of the Children and Young Persons Act (Northern Ireland) [1968]
or there is in force an order under the said Act of [1968]
committing the child to the care of a fit person;

<(iii)in the case of a female child, in respect of any period during which the child is married; or

(b)so as to prejudice the provisions of any other enactment limiting
the duration of an affiliation order.

(6) Subsection (5)(a)(ii) shall not apply to any part of such a
period as is there mentioned during which the child is permitted to
reside with his mother.

(7) Without prejudice to the provisions of section 3 of the Act of
1924 and section 96(3)(a) of the Magistrates' Courts Act (Northern
Ireland) 1964 the court may, where under this section it orders
payments to be made after a child attains the age of sixteen years
and where it considers it expedient in the interests of the child,
include in the order a direction that such payment shall be made
to the child or to a third person on behalf of the child.

(8) Any order made under this section varying or reviving an
affiliation order shall be deemed to be an order made under the
Act of 1924, and, subject to the provisions of this section, the
Act of 1924 shall apply accordingly, so however that

(a)section 5 of the Act of 1924 shall apply as if any reference
in the said section 5 to that Act included a reference to this
Act, and as if the reference to an affiliation order included a
reference to an order made under this section varying or reviving
an affiliation order;

(b)section 7(4)(a) of the Act of 1924 shall not apply to an appeal
from the making of, or the refusal to make, such an order.

(9) Any reference in this section to a child's mother shall be
taken as including a reference to any person for the time being
having the custody of the child either legally or by any
arrangement approved by the court, except that it shall not be
taken as referring to a welfare authority in whose care the child
is under [section 103] of the Children and Young Persons Act
(Northern Ireland) [1968], or to a person to whose care the child
is committed by an order under the said Act of [1968].

(10) This section shall not apply to any affiliation order where
the payments due thereunder have been commuted for a lump sum
(whether before or after the passing of this Act) by virtue of
section 4 of the Act of 1924.

(11) This section shall, in accordance with the provisions of the
Schedule to this Act, apply to affiliation orders which ceased to
be in force before the passing of this Act.

S.6 rep. by 1980 NI 5 art.42(2)(b) sch.4. S.7 rep. by 1978 NI 15
art.63(b) sch.5; 1980 NI 5 art.42(2)(b) sch.4. S.8 rep. by 1980 NI
5 art.42(2)(b) sch.4

Application of this Part.

MAINTENANCE AND AFFILIATION ORDERS ACT (NORTHERN IRELAND) 1966 - SECT
9

9. The provisions of this Part shall have effect for the purpose
of enabling maintenance orders to which this Part applies to be
registered

(a)in the case of an order made by the High Court, in a court of
summary jurisdiction; and

(b)in the case of an order made by a court of summary
jurisdiction, in the High Court;

(i)to be enforced in like manner as an order made by the court of
registration; and

(ii)in the case of an order registered in a court of summary
jurisdiction, to be varied by a court of summary jurisdiction.

MAINTENANCE AND AFFILIATION ORDERS ACT (NORTHERN IRELAND) 1966 - SECT
10
Orders to which this Part applies.

10.(1) This Part applies to maintenance orders made by the High
Court, or a court of summary jurisdiction, other than orders
registered under Part II of the Maintenance Orders Act 1950.

(2) ... in this Part "maintenance order" means [an order made
outside the United Kingdom and registered in a court of summary
jurisdiction in Northern Ireland under Part I of the Maintenance
Orders (Reciprocal Enforcement) Act 1972 or] an order for ...,
maintenance or other payments made under any of the following
enactments:

(a)sections 17(2), 19(2) to (7), 20(2), 22 or 28(1) of the
Matrimonial Causes Act (Northern Ireland) 1939;

(b)section 4(1) of the Law Reform (Miscellaneous Provisions) Act
(Northern Ireland) 1951;

[(c)the Domestic Proceedings (Northern Ireland) Order 1980;]

(d)section 1 of the Act of 1924, section 12 of the Welfare
Services Act (Northern Ireland) 1949 ... [Article 24 of the
Supplementary Benefits (Northern Ireland) Order 1977] [or section 159
of the Children and Young Persons Act (Northern Ireland) 1968;]

(e)section 11 of the Welfare Services Act (Northern Ireland) 1949
... [Article 23 of the Supplementary Benefits (Northern Ireland)
Order 1977] [or section 156 or 157 of the Children and Young
Persons Act (Northern Ireland) 1968;]

[(f)section 27 of the Judicature (Northern Ireland) Act 1978;]

(3) Subject to subsection (4) for the purposes of this Part an
order for the payment by the defendant of any costs incurred in
proceedings relating to a maintenance order, being an order for the
payment of costs made while the maintenance order is not registered,
shall be deemed to form part of that maintenance order.

(4) For the purposes of the enforcement under section 12 of an
order registered under this Part such costs as are referred to in
subsection (3) shall not be deemed to be a periodical payment of
money.

[(5) For the purposes of this Part an order made outside the
United Kingdom and registered in a court of summary jurisdiction in
Northern Ireland under Part I of the Maintenance Orders (Reciprocal
Enforcement) Act 1972 shall be deemed to be a maintenance order
made by that court.]

MAINTENANCE AND AFFILIATION ORDERS ACT (NORTHERN IRELAND) 1966 - SECT
11
Registration of orders.

11.(1) A person entitled to receive payments under an order made by
the High Court may apply for the registration of the order to the
original court, and the court may, if it thinks fit, grant the
application.

(2) Where an application for the registration of such an order is
granted

(a)no proceedings shall be begun, and no writ, warrant or other
process shall be issued, for the enforcement of the order before
the registration of the order or the expiration of the prescribed
period from the grant of the application, whichever first occurs;
and

(b)the original court shall, on being satisfied within the period
aforesaid by the person who made the application that no such
proceedings or process begun or issued before the grant of the
application remain pending or in force, cause a certified copy of
the order to be sent to the clerk of petty sessions acting for
the petty sessions district in which the defendant appears to be;

(3) A person entitled to receive payments under an order made by a
court of summary jurisdiction, who considers that the order could be
more effectively enforced if it were registered, may apply for the
registration of the order to the original court, and that court
shall grant the application on being satisfied in the prescribed
manner that, at the time when the application was made, an amount
equal to not less, in the case of an order for weekly payments,
than four or, in any other case, than two of the payments required
by the order was due thereunder and unpaid.

(4) Where an application for the registration of an order made by
a court of summary jurisdiction is granted

(a)no proceedings for the enforcement of the order shall be begun
before the registration takes place and no warrant or other process
for the enforcement thereof shall be issued in consequence of any
such proceedings begun before the grant of the application;

(b)any warrant of commitment issued for the enforcement of the order
shall cease to have effect when the person in possession of the
warrant is informed of the grant of the application, unless the
defendant has then already been detained in pursuance of the
warrant; and

(c)the original court shall, on being satisfied in the prescribed
manner that no process for the enforcement of the order issued
before the grant of the application remains in force, cause a
certified copy of the order to be sent to the prescribed officer
of the High Court.

(5) The officer or clerk of a court who receives a certified copy
of an order sent to him under this section shall cause the order
to be registered in that court.

(6) In this section "certified copy" in relation to an order of a
court means a copy certified by the proper officer of the court to
be a true copy of the order or of the official record thereof.

MAINTENANCE AND AFFILIATION ORDERS ACT (NORTHERN IRELAND) 1966 - SECT
12
Enforcement of registered orders.

12.(1) Subject to the provisions of this section [and without
prejudice to Article 36(4) of the Domestic Proceedings (Northern
Ireland) Order 1980], a registered order shall be enforceable in all
respects as if it had been made bvy the court of registration and
as if that court had had jurisdiction to make it; and proceedings
for or with respect to the enforcement of a registered order may
be taken accordingly.

(2) Subject to subsection (3), an order registered in a court of
summary jurisdiction shall be enforceable under sections 109 and 110
of the Magistrates' Courts Act (Northern Ireland) 1964 and
accordingly the following paragraph shall be inserted after section
110(9)(h) of that Act

<"(i)orders registered in a court of summary jurisdiction under Part II of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966"

(3) Where an order remains or becomes registered after the discharge
of the order, no proceedings shall be taken by virtue of that
registration except in respect of arrears which were due under the
order at the time of the discharge and have not been remitted.

(4) Except as provided by this section, no proceedings shall be
taken for or with respect to the enforcement of a registered order.

MAINTENANCE AND AFFILIATION ORDERS ACT (NORTHERN IRELAND) 1966 - SECT
13
Variation of orders registered in courts of summary jurisdiction.

13.(1) The provisions of this section shall have effect with respect
to the variation of orders registered in courts of summary
jurisdiction, and references in this section to registered orders
shall be construed accordingly.

(2) Subject to the following provisions of this section

(a)the court of registration may exercise the same jurisdiction to
vary any rate of payments specified by a registered order (other
than jurisdiction in a case where a party to the order is not
present in Northern Ireland when the application for variation is
made) as is exercisable, apart from this subsection, by the original
court; and

(b)a rate of payments specified by a registered order shall not be
varied except by the court of registration or any other court of
summary jurisdiction to which the jurisdiction conferred by the
foregoing paragraph is extended by rules of court.

(3) An application made under subsection (2) for the variation of a
maintenance order shall be made by complaint.

(4) A rate of payments specified by a registered order shall not
be varied by virtue of subsection (2) so as to exceed ...

(a)the rate of payments specified by the order as made or last
varied by the original court; ...

Para.(b) rep. by 1970 c.16 (NI) s.1 sch. Pt.II

(5) If it appears to the court to which an application is made by
virtue of subsection (2) for the variation of a rate of payments
specified by a registered order that, by reason of the limitations
imposed on the court's jurisdiction by subsection (4) or for any
other reason, it is appropriate to remit the application to the
original court, the first-mentioned court shall so remit the
application, and the original court shall thereupon deal with the
application as if the order were not registered.

(6) Nothing in subsection (2) shall affect the jurisdiction of the
original court to vary a rate of payments specified by a registered
order if an application for the variation of that rate is made to
that court

(a)in proceedings for a variation of provisions of the order which
do not specify a rate of payments; or

(b)at a time when a party to the order is not present in Northern
Ireland.

(7) No application for any variation of a registered order shall be
made to any court while proceedings for any variation of the order
are pending in any other court.

(8) Where a court of summary jurisdiction, in exercise of the
jurisdiction conferred by subsection (2), varies or refuses to vary
a registered order, an appeal from the variation or refusal shall,
notwithstanding anything in any other enactment, lie to a judge of
the High Court.

MAINTENANCE AND AFFILIATION ORDERS ACT (NORTHERN IRELAND) 1966 - SECT
14
Cancellation of registration.

14.(1) If a person entitled to receive payments under a registered
order desires the registration to be cancelled, he may give notice
under this section.

(2) Where the original court varies or discharges an order
registered in a court of summary jurisdiction, the original court
may, if it thinks fit, give notice under this section.

(3) Where a court of summary jurisdiction discharges an order
registered in the High Court and it appears to the court of
summary jurisdiction, whether by reason of the remission of arrears
by that court or otherwise, that no arrears under the order remain
to be recovered, the court of summary jurisdiction shall give notice
under this section.

(4) Notice under this section shall be given to the court of
registration; and where such notice is given

(a)no proceedings for the enforcement of the registered order shall
be begun before the cancellation of the registration and no writ,
warrant or other process for the enforcement thereof shall be issued
in consequence of any such proceedings begun before the giving of
the notice;

(b)where the order is registered in a court of summary jurisdiction,
any warrant of commitment issued for the enforcement of the order
shall cease to have effect when the person in possession of the
warrant is informed of the giving of the notice, unless the
defendant has then already been detained in pursuance of the
warrant; and

(c)the court of registration shall cancel the registration on being
satisfied in the prescribed manner

(i)that no process for the enforcement of the registered order
issued before the giving of the notice remains in force; and

(ii)in the case of an order registered in a court of summary
jurisdiction, that no proceedings for the variation of the order are
pending in a court of summary jurisdiction.

MAINTENANCE AND AFFILIATION ORDERS ACT (NORTHERN IRELAND) 1966 - SECT
15
Functions of collecting officer, etc.

15.(1) Where a maintenance order to which this Part applies is
registered under this Part in the High Court, any provision of the
order by virtue of which sums payable thereunder are required to be
paid through or to any officer or person on behalf of the person
entitled thereto shall be of no effect so long as the order is so
registered.

(2) Where a maintenance order is registered under this Part in a
court of summary jurisdiction, the court shall, unless it is
satisfied that it is undesirable to do so, order that all payments
to be made under the maintenance order (including any arrears
accrued before the date of the registration) shall be made through
the collecting officer of the court or the collecting officer of
some other court of summary jurisdiction.

(3) An order made by a court of summary jurisdiction under
subsection (2) may be varied or revoked by a subsequent order.

(4) Where by virtue of the provisions of this section or any order
made thereunder payments under a maintenance order cease to be or
become payable through or to any officer or person, the person
liable to make the payments shall, until he is given the prescribed
notice to that effect, be deemed to comply with the maintenance
order if he makes payments in accordance with the maintenance order
and any order under this section of which he has received such
notice.

(5) In any case where, by virtue of an order made under this
section, payments under a maintenance order are required to be made
through the collecting officer of any court, subsections (5) to (9)
of section 95 of the Magistrates' Courts Act (Northern Ireland) 1964
(which regulate the functions and remuneration of collecting officers
where, by virtue of the said section 95, a court of summary
jurisdiction has ordered the periodical payment of money to be paid
through such officers, and which impose a duty on the person
against whom such an order is made to notify the collecting officer
of any change of address) shall apply as if

(a)the maintenance order were an order for the periodical payment of
money within the meaning of subsection (1) of the said section 95
and the order under this section were made under the said
subsection (1); and

(b)money paid in accordance with the order under this section were
paid in pursuance of an order made under the said section 95.

(6) On the cancellation under section 14 of the registration of a
High Court order any order made in relation thereto under
subsections (1) to (5) of this section shall cease to have effect,
but until the defendant receives the prescribed notice of the
cancellation he shall be deemed to comply with the High Court order
if he makes payments in accordance with any order under those
subsections which was in force immediately before the cancellation
and of which he has notice.

(7) Notwithstanding anything in this Part

(a)a collecting officer or other person who is entitled to receive
payments under a maintenance order made by a court of summary
jurisdiction for transmission to another person shall not apply for
the registration of the order under this Part; and

(b)a collecting officer shall not give notice in relation to the
order in pursuance of section 14(1);

(i)he shall comply with the request unless it appears to him
unreasonable in the circumstances to do so; and

(ii)the person by whom the request was made shall have the same
liabilities for all the costs properly incurred in or about any
proceedings taken in pursuance of the request as if the proceedings
had been taken by that person.

MAINTENANCE AND AFFILIATION ORDERS ACT (NORTHERN IRELAND) 1966 - SECT
16
Interpretation of this Part.

16.(1) In this Part

"collecting officer" has the same meaning as in section 95(2) of
the Magistrates' Courts Act (Northern Ireland) 1964;

"court of registration", in relation to an order, means the court
in which the order is registered;

"defendant", in relation to a maintenance order, means the person
liable to make payments under the maintenance order;

"maintenance order" has the meaning assigned to it by section 10(2);

"order" means a maintenance order to which this Part applies;

"original court", in relation to an order, means the court first
having jurisdiction to make the order, whether or not the order was
made on appeal from that court;

"prescribed" means prescribed by rules of court;

"proper officer", in relation to a court of summary jurisdiction,
means the clerk of petty sessions;

"registered" means registered in accordance with the provisions of
this Part and "registration" shall be construed accordingly.

(2) Any reference in this Part to "rules of court" shall, in
relation to a court of summary jurisdiction, be construed as a
reference to magistrates' courts rules.

(3) Any reference in this Part to an order made by the High Court
or by a court of summary jurisdiction includes an order made on
appeal from those courts, as the case may be.

(4) Any reference in this Part to a person entitled to receive
payments under a maintenance order is a reference to a person
entitled to receive such payments either directly or through another
person or for transmission to another person.

(5) Any reference in this Part to proceedings relating to an order
includes a reference to proceedings in which the order may be made.

(6) Any reference in this Part to costs incurred in proceedings
relating to a maintenance order shall be construed, in the case of
a maintenance order made by the High Court, as a reference to such
costs as are included in an order for costs relating solely to
that maintenance order.

Ss.1719 rep. by 1980 NI 5 art.42(2)(b) sch.4

MAINTENANCE AND AFFILIATION ORDERS ACT (NORTHERN IRELAND) 1966 - SECT
20
Treatment of certain orders as affiliation orders.

20.(1) It is hereby declared that an affiliation order made or
varied, whether before or after the passing of this Act, under

(a)section 12 of the Welfare Services Act (Northern Ireland) 1949;
or

(b)[section 158 or 159] of the Children and Young Persons Act
(Northern Ireland) [1968];

Subs.(2) amends s.2 of 1924 c.27 (NI)

MAINTENANCE AND AFFILIATION ORDERS ACT (NORTHERN IRELAND) 1966 - SECT
21
Agreements as to payments of weekly or lump sums.

21. Section 5 of the Act of 1924 (which provides that an agreement
entered into between the mother of an illegitimate child and the
alleged father of that child for the payment by such father of a
weekly or lump sum of money for the maintenance and education of
the child shall in certain circumstances be a bar to proceedings in
respect of an affiliation order under the Act of 1924) shall apply,
in relation to such agreements entered into after the passing of
this Act, only where a resident magistrate is satisfied, on such an
application as is specified in the said section 5, as to the
conditions laid down in paragraphs (a), (b) and (c) of that
section, whether or not such agreement was entered into before or
after the issue of a summons under the Act of 1924.

S.22 rep. by 1968 c.34 (NI) s.181(3) sch.8; 1980 NI 5 art.42(2)(b)
sch.4

MAINTENANCE AND AFFILIATION ORDERS ACT (NORTHERN IRELAND) 1966 - SECT
23
Interpretation.

23. In this Act

"the Act of 1924" has the meaning assigned to it in section 1;

Definition rep. by 1980 NI 5 art.42(2)(b) sch.4

"affiliation order" has the meaning assigned to it by section 4;

Definition rep. by 1980 NI 5 art.42(2)(b) sch.4

MAINTENANCE AND AFFILIATION ORDERS ACT (NORTHERN IRELAND) 1966 - SECT
24
Short title and commencement.

24.(1) This Act may be cited as the Maintenance and Affiliation
Orders Act (Northern Ireland) 1966.

(2) Commencement1. Where an affiliation order made before the passing
of this Act had, before that date, ceased to be in force by
reason of the child to whom the order relates attaining, in the
case of a male child fifteen years, and in the case of a female
child sixteen years, section 5 shall, subject to paragraph 2, where
the child has not attained the age of twenty-one years at the
making of a complaint, apply to that order and the order may be
revived accordingly.

2. Where an affiliation order made before the passing of this Act
in respect of a male child, had

(a)before that date, ceased to be in force by reason of the child
to whom the order relates attaining the age of fifteen years; and

(b)at the said date the child has not attained the age of sixteen
years;

Para.3 rep. by 1980 NI 5 art.42(2)(b) sch.4