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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 110

1980 c.43

110.(1) Where an order to which this section applies is made by a
court of summary jurisdiction directing the periodical payment of money and
default is made in such payment or part thereof [or in payment of any costs
awarded on the making of such order], a resident magistrate or other justice
of the peace may upon complaint made to him at any time after the expiration
of fourteen days from the date of such default and before the expiration of
three years from that date

(a)issue a summons for the appearance of the person by whom such payments are
to be made before a court of summary jurisdiction acting for the same
petty sessions district as the court which made the order; or

(b)by warrant cause such person to be brought before a resident magistrate
acting for the same petty sessions district as the court which made the order
or for any other petty sessions district in same [county court division].

(2) A warrant shall not be issued under subsection (1) unless the complaint is
in writing and substantiated on oath.

(3) Where a person has been taken into custody in pursuance of a warrant
issued under subsection (1) for the purpose of causing him to be brought
before a resident magistrate he shall, if it will not be practicable to bring
him before a resident magistrate within twenty-four hours after he was so
taken into custody, be brought, as soon as practicable, before a justice of
the peace who may, if he thinks fit, discharge such person upon his entering
into a recognizance for a reasonable amount to appear before a
resident magistrate at the time and place named in the recognizance; but where
such person is not so discharged the justice of the peace shall commit him to
prison and direct that he shall be brought before a resident magistrate as
soon as practicable thereafter and in any case not later than eight days from
the date of such commitment.

(4) [Without prejudice to subsection (5)] upon the appearance of a person
summoned before a court of summary jurisdiction or on proof that the summons
was duly served on him, the court, or where a person is brought before a
resident magistrate pursuant to a warrant issued under subsection (1), the
resident magistrate

(a)may by order direct that any sum appearing to be due by reason of such
default, together with the costs attending the issue and service of the
summons, or the warrant, apprehension and bringing up of such person, as the
case may be, and the making of the order [and all reasonable charges of the
distress] shall be recovered by distress; and, in addition;

(b)may order that such person be detained and kept in custody, or, if he is
not present that he be arrested and kept in custody until the day appointed
for the return of the warrant of distress (not being later than a period of
eight days commencing with the day after that on which the warrant is issued)
unless he enters into a recognizance to the satisfaction of the court or
magistrate for his appearance before the court or magistrate on that day.

[(5) Upon the appearance of a person or proof of service of the summons on him
as mentioned in subsection (4), the court or resident magistrate may

(a)instead of making an order under paragraph (a) of that subsection make an
order committing the person to prison until the sum and costs in question are
paid; or

(b)as well as making an order under that paragraph make an order committing
him to prison in default of sufficient distress until so much of the sum and
costs as is not defrayed by the distress, and all reasonable charges of the
distress, are paid;

(5A) Subsections (2) and (3) of section 102 shall have effect for the purposes
of the recovery of any sum, costs or charges under this section as they have
effect for the recovery of a sum under that section.

(5B) The court or a resident magistrate may make an order of commitment under
subsection (5), or issue a warrant of commitment under section 102(2) as
applied by subsection (5A), unless it or he is satisfied that the default is
not due to the wilful refusal or culpable neglect of the person who is liable
to pay the sum and costs in question and the charges of distress, if any.

(5C) The term for which a person is committed to prison on any occasion by an
order made under subsection (5), or a warrant issued under section 102(2) as
applied by subsection (5A), in default of payment of a sum (including any
costs and charges) shall not exceed the period mentioned in Schedule 4 in
relation to that sum and, in any event, shall not exceed six weeks.

(5D) Where a person is committed to prison under this section for failure to
pay a sum due under an order to which this section applies, then, unless the
court or resident magistrate who commits him otherwise directs, no arrears
shall accrue under the order while he is in custody.]

(6) Where on an application to enforce the payment of any sum due under an
order for periodical payment to which this section applies, no order of
commitment is made, the application may be renewed at any time on the ground
that the circumstances of the person from whom the payment is due have
changed.

Subs.(7)(8) rep. by 1979 NI 3 art.35(3) sch.5; 1980 NI 5 art.42(2)(b) sch.4

(9) This section shall apply to the following orders for the periodical
payment of money

(a)maintenance orders made outside the United Kingdom and registered in a
court of summary jurisdiction in Northern Ireland under the Maintenance Orders
(Facilities for Enforcement) Act 1920 or confirmed by such a court under that
Act;

(b)affiliation orders under the Illegitimate Children (Affiliation Orders) Act
(Northern Ireland) 1924 whether as originally enacted or as applied or
extended by or for the purposes of any other enactment;

[(c)orders for the periodical payment of money under the Domestic Proceedings
(Northern Ireland) Order 1980;]

Para.(d) rep. by 1966 c.28 (NI) s.42(3) sch.7

(e)orders under section 11 of the Welfare Services Act (Northern Ireland)
1949;

Para.(f) rep. by 1968 c.34 (NI) s.181(3) sch.8

(g)maintenance orders made in another part of the United Kingdom and
registered in a court of summary jurisdiction in Northern Ireland under Part
II of the Maintenance Orders Act 1950;

[(h)orders under Article 23 of the Supplementary Benefits (Northern Ireland)
Order 1977;]

[(i)orders registered in a court of summary jurisdiction under Part II of the
Maintenance and Affiliation Orders Act (Northern Ireland) 1966;]

[(j)contribution orders under Part X of the Children and Young Persons Act
(Northern Ireland) 1968.]

(10) The provisions of this section shall have effect in lieu of any other
provision for the enforcement before a court of summary jurisdiction of orders
to which this section applies.[

© 1964 Crown Copyright

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