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MAINTENANCE AND AFFILIATION ORDERS ACT (NORTHERN IRELAND) 1970 - SECT 3

Return of certain moneys received by collecting officers under orders for periodical payment.

3.(1) On the hearing of a complaint for the revocation, suspension, variation
or discharge of an order for the periodical payment of money, a court of
summary jurisdiction may order the return to the person against whom the order
was made of the whole or any part of such part of the sum received under the
order by the collecting officer under section 95 of the Magistrates' Courts
Act (Northern Ireland) 1964, as can not, at the time of the hearing, be paid
to the person named in the order.

(2) Where a collecting officer makes an application in that behalf, a court of
summary jurisdiction

(a)may order the return to the person against whom an order for the periodical
payment of money has been made of the whole or any part of such part of the
sum received under the order by the collecting officer under section 95 of the
Magistrates' Courts Act (Northern Ireland) 1964 as can not, at the time of the
hearing of the application, be paid to the person named in the order; and

(b)may suspend any such order.

(3) An application under subsection (2) shall be made in accordance with
magistrates' courts rules and sections 87(2) and 91(2) of the Magistrates'
Courts Act (Northern Ireland) 1964 shall not apply in relation to the
proceedings on any such application.

(4) Subsections (1) and (2) apply to orders for the periodical payment of
money made before or after the commencement of this Act.

© 1970 Crown Copyright

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