Special Committee Family Law (Maintenance of Spouses and Children) Bill, 1975 díospóireacht -
Tuesday, 25 Nov 1975

SECTION 9.

Mr. Cooney

I move amendment No. 2:

In page 9, subsection (1) (a) (iii) (II), line 5, to delete " by order of any Court ".

Again this is a drafting amendment and it is to make clear that the subsection applies to a District Court clerk to whom payments are required to be made under an enforceable maintenance order under the 1974 Act. It might otherwise be argued that the District Court clerk derived his authority to receive payments in such a case, not by order of a court but rather by virtue of the provisions of the 1974 Act. This is not a very strong argument but it was raised in consideration of the Bill and we thought it better to amend what is a very net technical point.

Amendment agreed to.

Mr. Cooney

I move amendment No. 3 :

In page 9, subsection (2), to delete lines 23 to 26 and to substitute the following :

" times as the Court may order—

(a) in case the relevant antecedent order is an enforceable maintenance order, to the District Court clerk specified by the attachment of earnings order for transmission to the person entitled to receive payments made under the relevant antecedent order,

(b) in any other case, to the person referred to in paragraph (a) of this subsection or, if the Court considers proper, to the District Court clerk specified by the attachment of earnings order for transmission to that person."

This is another drafting amendment and it is designed to cover cases where an enforceable maintenance order under the Maintenance Orders Act, 1974 is in question. In such cases it may be that the maintenance creditor has authorised a public authority to receive payments under section 14, subsection (8) (a) of the 1974 Act and the amendment is designed to bring such cases within the scope of subsection (2) of section 9 of the Bill.

Amendment agreed to.

Section 9, as amended, agreed to.