House of Commons portcullis
House of Commons
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Civil Partnership Bill [HL]


Civil Partnership Bill [HL]
Schedule 6 — Financial relief in magistrates’ courts etc.
Part 4 — Interim orders

191

 

(a)   

at any time before making a final order on, or dismissing, the

application, or

(b)   

on refusing (under paragraph 8) to make on order on the application.

      (3)  

The High Court may make an interim order on ordering the application to

be reheard by a magistrates’ court (either after the refusal of an order under

5

paragraph 8 or on an appeal made by virtue of paragraph 46).

      (4)  

Not more than one interim order may be made with respect to an application

for an order under Part 1, 2 or 3.

      (5)  

Sub-paragraph (4) does not affect the power of a court to make an interim

order on a further application under Part 1, 2 or 3.

10

Meaning of interim order

21    (1)  

An interim order is an order requiring the respondent to make such

periodical payments as the court thinks reasonable—

(a)   

to the applicant,

(b)   

to any child of the family who is under 18, or

15

(c)   

to the applicant for the benefit of such a child.

      (2)  

In relation to an interim order in respect of an application for an order under

Part 2 by the civil partner who has agreed to make the financial provision

specified in the application, sub-paragraph (1) applies as if—

(a)   

the reference to the respondent were a reference to the applicant, and

20

(b)   

the references to the applicant were references to the respondent.

When interim order may start

22    (1)  

An interim order may provide for payments to be made from such date as

the court may specify, except that the date must not be earlier than the date

of the making of the application for an order under Part 1, 2 or 3.

25

      (2)  

Sub-paragraph (1) is subject to paragraph 27(7) and (8).

Payments which can be treated as having been paid on account

23    (1)  

If an interim order made by the High Court on an appeal made by virtue of

paragraph 46 provides for payments to be made from a date earlier than the

date of the making of the order, the interim order may provide that

30

payments made by the respondent under an order made by a magistrates’

court are to be treated, to such extent and in such manner as may be

provided by the interim order, as having been paid on account of any

payment provided for by the interim order.

      (2)  

In relation to an interim order in respect of an application for an order under

35

Part 2 by the civil partner who has agreed to make the financial provision

specified in the application, sub-paragraph (1) applies as if the reference to

the respondent were a reference to the applicant.

When interim order ceases to have effect

24    (1)  

Subject to sub-paragraphs (2) and (3), an interim order made on an

40

application for an order under Part 1, 2 or 3 ceases to have effect on the

earliest of the following dates—

(a)   

the date, if any, specified for the purpose in the interim order;

 

 

Civil Partnership Bill [HL]
Schedule 6 — Financial relief in magistrates’ courts etc.
Part 5 — Commencement and duration of orders under Parts 1, 2 and 3

192

 

(b)   

the date on which the period of 3 months beginning with the date of

the making of the interim order ends;

(c)   

the date on which a magistrates’ court either makes a final order on,

or dismisses, the application.

      (2)  

If an interim order made under this Part would, but for this sub-paragraph,

5

cease to have effect under sub-paragraph (1)(a) or (b)—

(a)   

the magistrates’ court which made the order, or

(b)   

in the case of an interim order made by the High Court, the

magistrates’ court by which the application for an order under Part

1, 2 or 3 is to be reheard,

10

           

may by order provide that the interim order is to continue in force for a

further period.

      (3)  

An order continued in force under sub-paragraph (2) ceases to have effect on

the earliest of the following dates—

(a)   

the date, if any, specified for the purpose in the order continuing it;

15

(b)   

the date on which ends the period of 3 months beginning with—

(i)   

the date of the making of the order continuing it, or

(ii)   

if more than one such order has been made with respect to

the application, the date of the making of the first such order;

(c)   

the date on which the court either makes a final order on, or

20

dismisses, the application.

Supplementary

25    (1)  

An interim order made by the High Court under paragraph 20(3) on

ordering an application to be reheard by a magistrates’ court is to be treated

for the purposes of—

25

(a)   

its enforcement, and

(b)   

Part 6 (variation etc. of orders),

           

as if it were an order of that magistrates’ court (and not of the High Court).

      (2)  

No appeal lies from the making of or refusal to make, the variation of or

refusal to vary, or the revocation of or refusal to revoke, an interim order.

30

Part 5

Commencement and duration of orders under Parts 1, 2 and 3

Duration of periodical payments order for a civil partner

26    (1)  

The court may specify in a periodical payments order made under

paragraph 2(1)(a) or Part 3 in favour of a civil partner such term as it thinks

35

fit, except that the term must not—

(a)   

begin before the date of the making of the application for the order,

or

(b)   

extend beyond the death of either of the civil partners.

      (2)  

If—

40

(a)   

a periodical payments order is made under paragraph 2(1)(a) or Part

3 in favour of one of the civil partners, and

(b)   

the civil partnership is subsequently dissolved or annulled but the

order continues in force,

 

 

Civil Partnership Bill [HL]
Schedule 6 — Financial relief in magistrates’ courts etc.
Part 5 — Commencement and duration of orders under Parts 1, 2 and 3

193

 

           

the periodical payments order ceases to have effect (regardless of anything

in it) on the formation of a subsequent civil partnership or marriage by that

civil partner, except in relation to any arrears due under the order on the

date of that event.

Age limit on making orders for financial provision for children and duration of such orders

5

27    (1)  

Subject to sub-paragraph (5), no order is to be made under paragraph 2(1)(c)

or (d) or Part 3 in favour of a child who has reached 18.

      (2)  

The term to be specified in a periodical payments order made under

paragraph 2(1)(c) or Part 3 in favour of a child may begin with—

(a)   

the date of the making of an application for the order or a later date,

10

or

(b)   

a date ascertained in accordance with sub-paragraph (7) or (8).

      (3)  

The term to be specified in such an order—

(a)   

must not in the first instance extend beyond the date of the birthday

of the child next following his reaching the upper limit of the

15

compulsory school age unless the court considers that in the

circumstances of the case the welfare of the child requires that it

should extend to a later date, and

(b)   

must not in any event, subject to sub-paragraph (5), extend beyond

the date of the child’s 18th birthday.

20

      (4)  

Sub-paragraph (3)(a) must be read with section 8 of the Education Act 1996

(c. 56) (which applies to determine for the purposes of any enactment

whether a person is of compulsory school age).

      (5)  

Sub-paragraphs (1) and (3)(b) do not apply in the case of a child if it appears

to the court that—

25

(a)   

the child is, or will be, or, if such an order were made without

complying with either or both of those provisions, would be—

(i)   

receiving instruction at an educational establishment, or

(ii)   

undergoing training for a trade, profession or vocation,

   

whether or not also the child is, will be or would be, in gainful

30

employment, or

(b)   

there are special circumstances which justify the making of the order

without complying with either or both of sub-paragraphs (1) and

(3)(b).

      (6)  

Any order made under paragraph 2(1)(c) or Part 3 in favour of a child,

35

regardless of anything in the order, ceases to have effect on the death of the

person liable to make payments under the order.

      (7)  

If—

(a)   

a maintenance calculation (“current calculation”) is in force with

respect to a child, and

40

(b)   

an application is made for an order under paragraph 2(1)(c) or Part

3—

(i)   

in accordance with section 8 of the Child Support Act 1991

(c. 48), and

(ii)   

before the end of 6 months beginning with the making of the

45

current calculation,

           

the term to be specified in any such order made on that application may be

expressed to begin on, or at any time after, the earliest permitted date.

 

 

Civil Partnership Bill [HL]
Schedule 6 — Financial relief in magistrates’ courts etc.
Part 5 — Commencement and duration of orders under Parts 1, 2 and 3

194

 

      (8)  

“The earliest permitted date” is whichever is the later of—

(a)   

the date 6 months before the application is made, or

(b)   

the date on which the current calculation took effect or, where

successive maintenance calculations have been continuously in force

with respect to a child, on which the first of those calculations took

5

effect.

      (9)  

If—

(a)   

a maintenance calculation ceases to have effect by or under any

provision of the 1991 Act, and

(b)   

an application is made, before the end of 6 months beginning with

10

the relevant date, for a periodical payments order under paragraph

2(1)(c) or Part 3 in favour of a child with respect to whom that

maintenance calculation was in force immediately before it ceased to

have effect,

           

the term to be specified in any such order, or in any interim order under Part

15

4, made on that application, may begin with the date on which that

maintenance calculation ceased to have effect or any later date.

     (10)  

“The relevant date” means the date on which the maintenance calculation

ceased to have effect.

     (11)  

In this Schedule “maintenance calculation” has the same meaning as it has

20

in the 1991 Act by virtue of section 54 of the 1991 Act as read with any

regulations in force under that section.

Application of paragraphs 26 and 27 to Part 2 orders

28    (1)  

Subject to sub-paragraph (3), paragraph 26 applies in relation to an order

under Part 2 which requires periodical payments to be made to a civil

25

partner for his own benefit as it applies in relation to an order under

paragraph 2(1)(a).

      (2)  

Subject to sub-paragraph (3), paragraph 27 applies in relation to an order

under Part 2 for the making of financial provision in respect of a child of the

family as it applies in relation to an order under paragraph 2(1)(c) or (d).

30

      (3)  

If—

(a)   

the court makes an order under Part 2 which contains provision for

the making of periodical payments, and

(b)   

by virtue of paragraph 14, an application for an order under Part 1 is

treated as if it had been withdrawn,

35

           

the term which may be specified under Part 2 as the term for which the

payments are to be made may begin with the date of the making of the

application for the order under Part 1 or any later date.

Effect on certain orders of parties living together

29    (1)  

Sub-paragraph (2) applies if periodical payments are required to be made to

40

a civil partner (whether for the civil partner’s own benefit or for the benefit

of a child of the family)—

(a)   

by an order made under Part 1 or 2, or

(b)   

by an interim order made under Part 4 (otherwise than on an

application under Part 3).

45

      (2)  

The order is enforceable even though—

 

 

Civil Partnership Bill [HL]
Schedule 6 — Financial relief in magistrates’ courts etc.
Part 6 — Variation etc. of orders

195

 

(a)   

the civil partners are living with each other at the date of the making

of the order, or

(b)   

if they are not living with each other at that date, they subsequently

resume living with each other;

           

but the order ceases to have effect if after that date the parties continue to live

5

with each other, or resume living with each other, for a continuous period

exceeding 6 months.

      (3)  

Sub-paragraph (4) applies if—

(a)   

an order is made under Part 1 or 2 which requires periodical

payments to be made to a child of the family, or

10

(b)   

an interim order is made under Part 4 (otherwise than on an

application under Part 3) which requires periodical payments to be

made to a child of the family.

      (4)  

Unless the court otherwise directs, the order continues to have effect and is

enforceable even if—

15

(a)   

the civil partners are living with each other at the date of the making

of the order, or

(b)   

if they are not living with each other at that date, they subsequently

resume living with each other.

      (5)  

An order made under Part 3, and any interim order made on an application

20

for an order under that Part, ceases to have effect if the civil partners resume

living with each other.

      (6)  

If an order made under this Schedule ceases to have effect under—

(a)   

sub-paragraph (2) or (5), or

(b)   

a direction given under sub-paragraph (4),

25

           

a magistrates’ court may, on an application made by either civil partner,

make an order declaring that the order ceased to have effect from such date

as the court may specify.

Part 6

Variation etc. of orders

30

Power to vary, revoke, suspend or revive order

30    (1)  

If a magistrates’ court has made an order for the making of periodical

payments under Part 1, 2 or 3, the court may, on an application made under

this Part—

(a)   

vary or revoke the order,

35

(b)   

suspend any provision of it temporarily, or

(c)   

revive any provision so suspended.

      (2)  

If a magistrates’ court has made an interim order under Part 4, the court

may, on an application made under this Part—

(a)   

vary or revoke the order,

40

(b)   

suspend any provision of it temporarily, or

(c)   

revive any provision so suspended,

           

except that it may not by virtue of this sub-paragraph extend the period for

which the order is in force.

 

 

Civil Partnership Bill [HL]
Schedule 6 — Financial relief in magistrates’ courts etc.
Part 6 — Variation etc. of orders

196

 

Powers to order lump sum on variation

31    (1)  

If a magistrates’ court has made an order under paragraph 2(1)(a) or (c) for

the making of periodical payments, the court may, on an application made

under this Part, make an order for the payment of a lump sum under

paragraph 2(1)(b) or (d).

5

      (2)  

If a magistrates’ court has made an order under Part 2 for the making of

periodical payments by a civil partner the court may, on an application

made under this Part, make an order for the payment of a lump sum by that

civil partner—

(a)   

to the other civil partner, or

10

(b)   

to a child of the family or to that other civil partner for the benefit of

that child.

      (3)  

Where the court has power by virtue of this paragraph to make an order for

the payment of a lump sum—

(a)   

the amount of the lump sum must not exceed the maximum amount

15

that may at that time be required to be paid under Part 1, but

(b)   

the court may make an order for the payment of a lump sum not

exceeding that amount even if the person required to pay it was

required to pay a lump sum by a previous order under this Schedule.

      (4)  

Where—

20

(a)   

the court has power by virtue of this paragraph to make an order for

the payment of a lump sum, and

(b)   

the respondent or the applicant (as the case may be) has agreed to

pay a lump sum of an amount exceeding the maximum amount that

may at that time be required to be paid under Part 1,

25

           

the court may, regardless of sub-paragraph (3), make an order for the

payment of a lump sum of that amount.

Power to specify when order as varied is to take effect

32         

An order made under this Part which varies an order for the making of

periodical payments may provide that the payments as so varied are to be

30

made from such date as the court may specify, except that, subject to

paragraph 33, the date must not be earlier than the date of the making of the

application under this Part.

33    (1)  

If—

(a)   

there is in force an order (“the order”)—

35

(i)   

under paragraph 2(1)(c),

(ii)   

under Part 2 making provision of a kind set out in paragraph

10(1)(c) (regardless of whether it makes provision of any

other kind mentioned in paragraph 10(1)(c)),

(iii)   

under paragraph 16(1)(b), or

40

(iv)   

which is an interim order under Part 4 under which the

payments are to be made to a child or to the applicant for the

benefit of a child,

(b)   

the order requires payments specified in it to be made to or for the

benefit of more than one child without apportioning those payments

45

between them,

 

 

Civil Partnership Bill [HL]
Schedule 6 — Financial relief in magistrates’ courts etc.
Part 6 — Variation etc. of orders

197

 

(c)   

a maintenance calculation (“the calculation”) is made with respect to

one or more, but not all, of the children with respect to whom those

payments are to be made, and

(d)   

an application is made, before the end of 6 months beginning with

the date on which the calculation was made, for the variation or

5

revocation of the order,

           

the court may, in exercise of its powers under this Part to vary or revoke the

order, direct that the variation or revocation is to take effect from the date on

which the calculation took effect or any later date.

      (2)  

If—

10

(a)   

an order (“the child order”) of a kind prescribed for the purposes of

section 10(1) of the Child Support Act 1991 is affected by a

maintenance calculation,

(b)   

on the date on which the child order became so affected there was in

force an order (“the civil partner’s order”)—

15

(i)   

under paragraph 2(1)(a),

(ii)   

under Part 2 making provision of a kind set out in paragraph

10(1)(a) (regardless of whether it makes provision of any

other kind mentioned in paragraph 10(1)(a)),

(iii)   

under paragraph 16(1)(a), or

20

(iv)   

which is an interim order under Part 4 under which the

payments are to be made to the applicant (otherwise than for

the benefit of a child), and

(c)   

an application is made, before the end of 6 months beginning with

the date on which the maintenance calculation was made, for the

25

civil partner’s order to be varied or revoked,

           

the court may, in exercise of its powers under this Part to vary or revoke the

civil partner’s order, direct that the variation or revocation is to take effect

from the date on which the child order became so affected or any later date.

      (3)  

For the purposes of sub-paragraph (2), an order is affected if it ceases to have

30

effect or is modified by or under section 10 of the 1991 Act.

Matters to which court is to have regard in exercising powers under this Part

34    (1)  

In exercising the powers conferred by this Part the court must, so far as it

appears to the court just to do so, give effect to any agreement which has

been reached between the civil partners in relation to the application.

35

      (2)  

If—

(a)   

there is no such agreement, or

(b)   

if the court decides not to give effect to the agreement,

           

the court must have regard to all the circumstances of the case, giving first

consideration to the welfare while under 18 of any child of the family who

40

has not reached 18.

      (3)  

Those circumstances include any change in any of the matters—

(a)   

to which the court was required to have regard when making the

order to which the application relates, or

(b)   

in the case of an application for the variation or revocation of an

45

order made under Part 2 or on an appeal made by virtue of

paragraph 46, to which the court would have been required to have

regard if that order had been made under Part 1.

 

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2004
Revised 1 November 2004