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| You are here: BAILII >> Databases >> Northern Irish Legislation >> MAINTENANCE AND AFFILIATION ORDERS ACT (NORTHERN IRELAND) 1966 | ||
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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.
© 1966 Crown Copyright
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URL: http://www.bailii.org/nie/legis/num_act/maaoai1966449/s13.html