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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.


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© 1966 Crown Copyright

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