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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.

© 1966 Crown Copyright

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