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You are here: BAILII >> Databases >> Northern Irish Legislation >> MAINTENANCE AND AFFILIATION ORDERS ACT (NORTHERN IRELAND) 1966 |
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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.
© 1966 Crown Copyright
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