Amendment of section 12.
5.
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incurred in maintaining the minor before the making of the ord to be met, or for both, as the court thinks reasonable havil regard to the means of the surviving parent;
(ii) an order requiring the surviving parent to pay to the guardian such periodical sum towards the maintenance of the minor as the court thinks reasonable having regard to the means of the surviving parent."; and
(b) in subsection (2), by deleting "or discharge any order previously made under
those powers" and substituting the following
", discharge or suspend any order (other than an order for a lump sum payment in one amount or for a lump sum to be paid in instalments where all such instalments have been paid) previously made under that subsection or to revive any order so suspended".
Section 12 of the principal Ordinance is amended— (a) by deleting paragraph (b) and substituting the following-
"(b) to make one or both of the following orders, that is to say---
(i) an order requiring the surviving parent to pay such lump sum (whether in one amount or by instalments) for the immediate and non-recurring needs of the minor, or for the purpose of en- abling any liabilities or expenses reasonably incurred in main- taining the minor before the making of the order to be met, or for both, as the court thinks reasonable having regard to the means of the surviving parent;
(ii) an order requiring the surviving parent to pay such periodical sum towards the maintenance of the minor as the court thinks reasonable having regard to the means of the surviving parent;"; and
(b) in paragraph (c), by deleting "or discharge any order previously made under
that section" and substituting the following-
", discharge or suspend any order (other than an order for a lump sum payment in one amount or for a lump sum to be paid in instalments where all such instalments have been paid) previously made under that section or to revive any order so suspended".
Section 13 of the principal Ordinance is amended—
(a) in subsection (2), by deleting "a further order requiring the payment by either parent to the Director of Social Welfare while he has the care of the minor of such weekly or other periodical sum towards the maintenance of the minor as the court thinks reasonable having regard to the means of that parent." and substituting the following—
"one or both of the following orders, that is to say-
(a) an order requiring the payment by either parent to the Director of Social Welfare while he has the care of the minor of such lump sum (whether in one amount or by instalments) for the immediate and non-recurring needs of the minor, or for the purpose of enabling any liabilities or ex- penses reasonably incurred in maintaining the minor before the making of the order to be met, or for both, as the court thinks reasonable having regard to the means of that parent; (b) an order requiring the payment by either parent to the Director of Social Welfare while he has the care of the minor of such periodical sum towards the maintenance of the minor as the court thinks reasonable having regard to the means of that parent."; and
(b) in subsection (3)(a), by deleting "weekly or other periodical sum" and sub-
stituting the following—
"periodical payments".
7. Section 14(2) of the principal Ordinance is amended by deleting "or Amendment of discharged" and substituting the following—
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discharged, suspended or revived after being so suspended".
8.
Section 15 of the principal Ordinance is amended—
(a) in subsection (1), by deleting “payments” and substituting the following—
"payment"; and
(b) in subsection (2), by deleting "payments" and substituting the following—
9.
"payment".
section 14,
Amendment of section 15.
Section 19(1) of the principal Ordinance is amended by deleting "payments" Amendment of and substituting the following-
"payment".
section 19.
10. Section 20(1)(b) of the principal Ordinance is amended by deleting "pay- Amendment of ments" and substituting the following-
"payment".
section 20.
11. Section 22 of the principal Ordinance is repealed and replaced by the Repeal and following-
replacement of section 22.
"District Court's jurisdiction.
[cf. 1971 c. 3, s. 15(2)(a).]
22. The District Court shall not be competent to entertain any application, other than an application for variation, discharge or suspension of an existing order or revival of an order which has been suspended under this Ordinance, relating to a minor who has attained the age of 16 years, unless the minor is physically or mentally incapable of self-support.".
Explanatory Memorandum
This Bill amends the principal Ordinance-
(a) to empower the High Court and District Court to order a lump sum payment for the immediate and non-recurring needs of a minor and for the purpose of enabling any liabilities or expenses reasonably incurred in main- taining a minor before the making of the order to be met (clauses 3(b), 4(a), 5(a) and 6(a));
(b) to remove the restriction on the amount of weekly payments that the District Court may award, the effect of which is that the District Court may order periodical payments as it thinks fit towards maintenance (clauses 3(b), 4(a), 5(a), 6(a) and 11);
(c) to confer additional power on the High Court and District Court to suspend temporarily an order made under the Ordinance and to revive an order so suspended (clauses 2 and 7);
(d) to provide that the power of the High Court and District Court to discharge, vary or suspend an order for maintenance made under the Ordinance does not extend to an order for a lump sum payment in one amount or for a lump sum to be paid in instalments where all such instalments have been paid (clauses 3(c), 4(b) and 5(b)); and
Amendment of section 13.
6.
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