Page:Magistrates’ Courts Act 1980.pdf/44

36c. 43



(2) In this section—
 * “child” means a person who has not attained the age of 18;
 * “periodical payments order” means an order made by a magistrates’ court, or registered in a magistrates’ court under Part II of the Maintenance Orders Act 1950 or Part I of the Maintenance Orders Act 1958, which requires the making of periodical payments,

and any payments required under a periodical payments order to be made to a child shall for the purposes of subsection (1) above be treated as if they were required to be made to the person with whom the child has his home. Payments to children

62.—(1) Where—
 * (a) periodical payments are required to be made, or a lump sum is required to be paid, to a child under an order made by a magistrates’ court, or
 * (b) periodical payments are required to be made to a child under an order which is registered in a magistrates’ court,

any sum required under the order to be paid to the child may be paid to the person with whom the child has his home, and that person—
 * (i) may proceed in his own name for the variation, revival or revocation of the order, and
 * (ii) may either proceed in his own name for the recovery of any sum required to be paid under the order or request the clerk to the magistrates’ court, under subsection (3) of section 59 above, to proceed for the recovery of that sum.

(2) Where a child has a right under any enactment to apply for the revival of an order made by a magistrates’ court which provided for the making of periodical payments to or for the benefit of the child, the person with whom the child has his home may proceed in his own name for the revival of that order.