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Children Act 1989

Children Act 1989 Sch 1 para 6A

Sch 1 para 6A

(1) Subject to sub-paragraph (7) , the power of the family court— (a) under paragraph 1 or 2 to vary an order for the making of periodical payments, or (b) under paragraph 5(6) to vary an order for the payment of a lump sum by instalments, shall include 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 1(4) and (4A) of the Maintenance Enforcement Act 1991 . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Subsection (6) of section 1 of the Maintenance Enforcement Act 1991 (power of court to order that account be opened) shall apply for the purposes of sub-paragraph (1) as it applies for the purposes of that section. (7) Before varying the order by exercising one of its powers under section 1(4) and (4A) of the Maintenance Enforcement Act 1991 , the court shall have regard to any representations made by the parties to the application. (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) None of the powers of the court ..., conferred by this paragraph shall be exercisable in relation to an order under this Schedule for the making of periodical payments, or for the payment of a lump sum by instalments, unless at the time when the order was made the person required to make the payments was ordinarily resident in England and Wales. (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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