Civil Partnership Bill [HL]

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Civil Partnership Bill [HL]

Civil Partnership Bill [HL]
Schedule 16 — Financial relief in court of summary jurisdiction etc.: Northern Ireland
Part 4 — Interim orders
291

(a)
at any time before making a final order on, or dismissing, the
application, or
(b)
on refusing (under paragraph 8) to make an order on the application.
      (3)
The High Court may make an interim order on ordering the application to
be reheard by a court (after the refusal of an order under paragraph 8).
5
      (4)
The county court may make an interim order on an appeal from the order
made by the court on the application at any time before making a final order
on, or dismissing, an appeal made by virtue of paragraph 46.
      (5)
Not more than one interim order may be made with respect to an application
for an order under Part 1, 2 or 3.
10
      (6)
Sub-paragraph (5) does not affect the power of a court to make an interim
order on a further application under Part 1, 2 or 3.
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—
15
(a)
to the applicant,
(b)
to any child of the family who is under 18, or
(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
20
specified in the application, sub-paragraph (1) applies as if—
(a)
the reference to the respondent were a reference to the applicant, and
(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
25
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.
      (2)
Sub-paragraph (1) is subject to paragraph 27(10) and (11).
Payments which can be treated as having been paid on account
23    (1)
If an order under Part 1, 2 or 3 made by the county court on an appeal from
30
the court 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 payments
made by the respondent under an order made by the 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
35
order.
      (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 the reference to
the respondent were a reference to the applicant.
40

Civil Partnership Bill [HL]
Schedule 16 — Financial relief in court of summary jurisdiction etc.: Northern Ireland
Part 5 — Commencement and duration of orders under Parts 1, 2 and 3
292

When interim order ceases to have effect
24    (1)
Subject to sub-paragraphs (2) and (3), an interim order made on an
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;
5
(b)
the date on which the period of 14 weeks from the date of the making
of the interim order ends;
(c)
the date on which the court either makes a final order on, or
dismisses, the application, or, where the interim order was made by
a county court on an appeal, the date on which that court either
10
makes a final order on, or dismisses, the appeal.
      (2)
If an interim order made under this Part would, but for this sub-paragraph,
cease to have effect under sub-paragraph (1)(a) or (b)—
(a)
the court which made the order, or
(b)
in the case of an interim order made by the High Court, the court by
15
which the application for an order under Part 1, 2 or 3 is to be
reheard,

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
20
the earliest of the following dates—
(a)
the date, if any, specified for the purpose in the order continuing it;
(b)
the date on which ends the period of 14 weeks from—
(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
25
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
dismisses, the application, or, where the interim order was made by
a county court on an appeal, the date on which that court either
makes a final order on, or dismisses, the appeal.
30
Supplementary
25
An interim order made by the High Court under paragraph 20(3) on
ordering an application to be reheard by the court is to be treated for the
purposes of—
(a)
its enforcement, and
35
(b)
Part 6 (variation etc. of orders),

as if it were an order of the court (and not of the High Court).
Part 5
Commencement and duration of orders under Parts 1, 2 and 3
Duration of periodical payments order for a civil partner
40
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
fit, except that the term must not—
(a)
begin before the date of the making of the application for the order,
or
45

Civil Partnership Bill [HL]
Schedule 16 — Financial relief in court of summary jurisdiction etc.: Northern Ireland
Part 5 — Commencement and duration of orders under Parts 1, 2 and 3
293

(b)
extend beyond the death of either of the civil partners.
      (2)
If—
(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
5
order continues in force,

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.
10
      (3)
If a periodical payments order ceases to have effect by virtue of sub-
paragraph (2) on the formation of a subsequent civil partnership or marriage
by a person, that person must give notice of the subsequent civil partnership
or marriage to the court.
      (4)
Any person who without reasonable excuse fails to give notice as required
15
by sub-paragraph (3) is guilty of an offence and liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
Age limit on making orders for financial provision for children and duration of such orders
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.
20
      (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,
or
(b)
a date ascertained in accordance with sub-paragraph (7) or (8).
25
      (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
compulsory school age unless the court considers that in the
circumstances of the case the welfare of the child requires that it
30
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.
      (4)
In sub-paragraph (3)(a) “compulsory school age” has the meaning given in
Article 46 of the Education and Libraries (Northern Ireland) Order 1986 (S.I.
35
1986/594 (N.I. 3)).
      (5)
Sub-paragraphs (1) and (3)(b) do not apply in the case of a child if it appears
to the court that—
(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—
40
(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
employment, or
(b)
there are special circumstances which justify the making of the order
45
without complying with either or both of sub-paragraphs (1) and
(3)(b).

Civil Partnership Bill [HL]
Schedule 16 — Financial relief in court of summary jurisdiction etc.: Northern Ireland
Part 5 — Commencement and duration of orders under Parts 1, 2 and 3
294

      (6)
Any order made under paragraph 2(1)(c) or Part 3 in favour of a child,
regardless of anything in the order, ceases to have effect on the death of the
person liable to make payments under the order.
      (7)
An order made under paragraph 2(1)(c) or Part 3 in favour of a child to
whom sub-paragraph (5)(a) applies ceases to have effect if the child ceases
5
to receive instruction or undergo training as mentioned in sub-paragraph
(5)(a).
      (8)
If an order made under paragraph 2(1)(c) or Part 3 ceases to have effect by
virtue of an event mentioned in sub-paragraph (7), the person to whom the
periodical payments are directed by the order to be made must give notice
10
of the event to the court.
      (9)
A person who without reasonable excuse fails to give notice as required by
sub-paragraph (8) is guilty of an offence and liable on summary conviction
to a fine not exceeding level 3 on the standard scale.
     (10)
If—
15
(a)
a maintenance calculation (“current calculation”) is in force with
respect to a child, and
(b)
an application is made for an order under paragraph 2(1)(c) or Part 3
before the end of 6 months beginning with the making of the current
calculation,
20

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.
     (11)
“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
25
successive maintenance calculations have been continuously in force
with respect to a child, on which the first of those calculations took
effect.
     (12)
If—
(a)
a maintenance calculation ceases to have effect by or under any
30
provision of the Child Support (Northern Ireland) Order 1991 (S.I.
1991/2628 (N.I. 23)), and
(b)
an application is made, before the end of 6 months beginning with
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
35
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
4, made on that application, may begin with the relevant date or any later
date.
40
     (13)
“The relevant date” means the date on which the maintenance calculation
ceased to have effect.
     (14)
In this Schedule “maintenance calculation” means a calculation of
maintenance made under the Child Support (Northern Ireland) Order 1991
and includes, except in circumstances prescribed for the purposes of the
45
definition of that expression in Article 2(2) of that Order, a default or interim
maintenance decision within the meaning of that Order.

Civil Partnership Bill [HL]
Schedule 16 — Financial relief in court of summary jurisdiction etc.: Northern Ireland
Part 5 — Commencement and duration of orders under Parts 1, 2 and 3
295

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
partner for his own benefit as it applies in relation to an order under
paragraph 2(1)(a).
5
      (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).
      (3)
If—
(a)
the court makes an order under Part 2 which contains provision for
10
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,

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
15
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
a civil partner (whether for the civil partner’s own benefit or for the benefit
of a child of the family)—
20
(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).
      (2)
The order is enforceable even if—
(a)
the civil partners are living with each other at the date of the making
25
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 civil partners continue
to live with each other, or resume living with each other, for a continuous
30
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
(b)
an interim order is made under Part 4 (otherwise than on an
35
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—
(a)
the civil partners are living with each other at the date of the making
40
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
for an order under that Part, ceases to have effect if the civil partners resume
45
living with each other.
      (6)
If an order made under this Schedule ceases to have effect under—

Civil Partnership Bill [HL]
Schedule 16 — Financial relief in court of summary jurisdiction etc.: Northern Ireland
Part 6 — Variation etc. of orders
296

(a)
sub-paragraph (2) or (5), or
(b)
a direction given under sub-paragraph (4),

the 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.
5
      (7)
If an order made under this Schedule ceases to have effect under sub-
paragraph (2) or (5), the civil partners shall give notice of that fact to the
court straight away.
Part 6
Variation etc. of orders
10
Power to vary, revoke, suspend or revive order
30    (1)
If the court has made an order for the making of periodical payments under
Part 2 or 3, it may, on an application made under this Part—
(a)
vary or revoke the order,
(b)
suspend any provision of it temporarily, or
15
(c)
revive any provision so suspended.
      (2)
If the court has made an order under Part 4, it may, on an application made
under this Part—
(a)
vary or revoke the order,
(b)
suspend any provision of it temporarily, or
20
(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.
Powers to order lump sum on variation
31    (1)
If the court has made an order under paragraph 2(1)(a) or (c) for the making
25
of periodical payments, it 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).
      (2)
If the court has made an order under Part 2 for the making of periodical
payments by a civil partner, it may, on an application made under this Part,
30
make an order for the payment of a lump sum by that civil partner—
(a)
to the other civil partner, or
(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
35
the payment of a lump sum—
(a)
the amount of the lump sum must not exceed the maximum amount
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
40
required to pay a lump sum by a previous order under this Schedule.
      (4)
Where—
(a)
the court has power by virtue of this paragraph to make an order for
the payment of a lump sum, and

Civil Partnership Bill [HL]
Schedule 16 — Financial relief in court of summary jurisdiction etc.: Northern Ireland
Part 6 — Variation etc. of orders
297

(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,

the court may, regardless of sub-paragraph (3), make an order for the
payment of a lump sum of that amount.
5
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
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
10
application under this Part.
33    (1)
If—
(a)
there is in force an order (“the order”)—
(i)
under paragraph 2(1)(c),
(ii)
under Part 2 making provision of a kind set out in paragraph
15
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
(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
20
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
between them,
(c)
a maintenance calculation (“the calculation”) is made with respect to
25
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
revocation of the order,
30

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—
(a)
an order (“the child order”) of a kind prescribed for the purposes of
35
Article 12(1) of the Child Support (Northern Ireland) Order 1991 (S.I.
1991/2628 (N.I. 23)) 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”)—
(i)
under paragraph 2(1)(a),
40
(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
(iv)
which is an interim order under Part 4 under which the
45
payments are to be made to the applicant (otherwise than for
the benefit of a child), and