MAINTENANCE AND AFFILIATION ORDERS ACT (NORTHERN IRELAND) 1966 - SECT 5 Continuance of payments under affiliation orders.

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MAINTENANCE AND AFFILIATION ORDERS ACT (NORTHERN IRELAND) 1966 - SECT 5

Continuance of payments under affiliation orders.

5.(1) Notwithstanding anything in section 4, the power conferred on a court of
summary jurisdiction by section 3 of the Act of 1924 and section 96 of the
Magistrates' Courts Act (Northern Ireland) 1964 to vary or revive an
affiliation order shall include power to vary or revive any such order
(whether made before or after the passing of this Act) in accordance with the
following provisions of this section.

(2) If, on the hearing of proceedings by way of complaint made by the child's
mother, it appears to the court

(a)that the child is, or will be, or would be if an order is made under this
subsection, engaged in a course of education or training after attaining the
age of sixteen years, or that the earning capacity of the child is or will
after attaining that age be impaired through illness or disability of mind or
body; and

(b)that it is expedient that payments should be made under the order after the
child attains that age;

(3) The period specified in an order made by virtue of subsections (1) and (2)
may from time to time be extended by a subsequent order so made, but shall not
in any case extend beyond the date when the child attains the age of
twenty-one.

(4) Notwithstanding anything in the foregoing provisions of this section an
affiliation order shall not be varied or revived under this section so as to
provide for payments in respect of any period

(a)before the making of a complaint under subsection (2); or

(b)before the child in respect of whom the affiliation order is so varied or
revived attains the age of sixteen years;

(5) Notwithstanding anything in the foregoing provisions of this section or in
any order made by virtue of this section, an affiliation order shall not
operate, after the child has attained the age of sixteen years,

(a)so as to require payments thereunder to be made

(i)in respect of any period during which the child is detained in a training
school;

(ii)subject to subsection (6), in respect of any period during which the child
is in the care of a welfare authority under [section 103] of the Children and
Young Persons Act (Northern Ireland) [1968] or there is in force an order
under the said Act of [1968] committing the child to the care of a fit person;

<(iii)in the case of a female child, in respect of any period during which the child is married; or


(b)so as to prejudice the provisions of any other enactment limiting the
duration of an affiliation order.

(6) Subsection (5)(a)(ii) shall not apply to any part of such a period as is
there mentioned during which the child is permitted to reside with his mother.

(7) Without prejudice to the provisions of section 3 of the Act of 1924 and
section 96(3)(a) of the Magistrates' Courts Act (Northern Ireland) 1964 the
court may, where under this section it orders payments to be made after a
child attains the age of sixteen years and where it considers it expedient in
the interests of the child, include in the order a direction that such payment
shall be made to the child or to a third person on behalf of the child.

(8) Any order made under this section varying or reviving an affiliation order
shall be deemed to be an order made under the Act of 1924, and, subject to the
provisions of this section, the Act of 1924 shall apply accordingly, so
however that

(a)section 5 of the Act of 1924 shall apply as if any reference in the said
section 5 to that Act included a reference to this Act, and as if the
reference to an affiliation order included a reference to an order made under
this section varying or reviving an affiliation order;

(b)section 7(4)(a) of the Act of 1924 shall not apply to an appeal from the
making of, or the refusal to make, such an order.

(9) Any reference in this section to a child's mother shall be taken as
including a reference to any person for the time being having the custody of
the child either legally or by any arrangement approved by the court, except
that it shall not be taken as referring to a welfare authority in whose care
the child is under [section 103] of the Children and Young Persons Act
(Northern Ireland) [1968], or to a person to whose care the child is committed
by an order under the said Act of [1968].

(10) This section shall not apply to any affiliation order where the payments
due thereunder have been commuted for a lump sum (whether before or after the
passing of this Act) by virtue of section 4 of the Act of 1924.

(11) This section shall, in accordance with the provisions of the Schedule to
this Act, apply to affiliation orders which ceased to be in force before the
passing of this Act.

S.6 rep. by 1980 NI 5 art.42(2)(b) sch.4. S.7 rep. by 1978 NI 15 art.63(b)
sch.5; 1980 NI 5 art.42(2)(b) sch.4. S.8 rep. by 1980 NI 5 art.42(2)(b) sch.4

Application of this Part.

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Northern Irish Legislation

MAINTENANCE AND AFFILIATION ORDERS ACT (NORTHERN IRELAND) 1966 - SECT 5