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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 95

95.(1) Where a court of summary jurisdiction orders money to be paid
periodically by one person to another, the court may, subject to any enactment
to the contrary, order that payment shall be made through the collecting
officer.

(2) The collecting officer shall be the clerk of petty sessions or such other
person as may be appointed by the [Lord Chancellor].

(3) Where an order is an affiliation order under the Illegitimate Children
(Affiliation Orders) Act (Northern Ireland) 1924 or [an order for the
periodical payment of money under the Domestic Proceedings (Northern Ireland)
Order 1980] the court shall, unless upon representations expressly made in
that behalf by the applicant for the order the court is satisfied that it is
undesirable to do so, exercise its powers under this section and where the
court does so the collecting officer through whom payments are ordered to be
made may be either the collecting officer for the petty sessions district for
which the court is sitting or the collecting officer for some other district.

Subs.(4) rep. by 1980 NI 5 art.42(2)(b) sch.4

(5) The collecting officer shall receive all payments directed to be made
through him under this section and pay forthwith to the person named in the
order the sum directed to be paid in the order or such part thereof as he
receives, without making any deduction therefrom.

(6) Where an order requires payments to be made periodically [through the
collecting officer] and any payment, or part thereof, is in arrear for
fourteen days, [or such longer period (not exceeding two months) as the
collecting officer may in any particular case allow], the collecting officer
shall give notice in writing to the person entitled to receive the payments
stating the particulars of the arrears and shall if that person requests in
writing, and unless it appears to the collecting officer that it is
unreasonable in the circumstances to do so, proceed in his own name for the
recovery of all sums in arrears under the order; but the said person shall
have the same liability for all costs properly incurred in or about the
proceedings as if the proceedings had been taken by him.

(7) Nothing in this section shall affect any right of a person to proceed in
his own name for the recovery of sums payable on his behalf under any order
made under this section.

(8) Where a court of summary jurisdiction makes an order under subsection (1)
there may be paid to the collecting officer [(other than a member of the
Northern Ireland Court Service)] by the [Lord Chancellor] a sum in respect of
his remuneration and expenses not exceeding such percentage of the money
actually paid through him as may be fixed by the [Lord Chancellor].

(9) The person against whom an order referred to in subsection (1) has been
made shall give notice to the collecting officer or to the person entitled to
receive payments under the order of any change of his address and any person
failing to give such notice without reasonable excuse shall be liable on
conviction by a court of summary jurisdiction to [a fine not exceeding #50].

© 1964 Crown Copyright

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