SCHEDULES

SCHEDULE 6F10Financial relief: provision corresponding to provision made by the Domestic Proceedings and Magistrates' Courts Act 1978

Annotations:
Amendments (Textual)
F10

Sch. 6 title substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 200; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Part 6Variation etc. of orders

Variation of orders for periodical payments: further provisions

35

1

The power of the court under paragraphs 30 to 34 to vary an order for the making of periodical payments includes power, if the court is satisfied that payment has not been made in accordance with the order, to exercise one of its powers under section F11(4) and (4A) of the Maintenance Enforcement Act 1991 .

2

Sub-paragraph (1) is subject to paragraph 37.

F236

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37

1

Before varying the order by exercising one of its powers under section F31(4) and (4A) of the 1991 Act, the court must have regard to any representations made by the parties to the application.

F42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38

1

Section F51(6) of the 1991 Act (power of court to order that account be opened) applies for the purposes of F6paragraph 35 as it applies for the purposes of section F71 of the 1991 Act.

2

None of the powers of the court F8... conferred by paragraphs 35 to 37 and sub-paragraph (1) is exercisable in relation to an order under this Schedule for the making of periodical payments F9unless, at the time when the order was made, the person required to make the payments was ordinarily resident in England and Wales.