1964_MATRIMONIAL_PROCEEDINGS_AND_PROPERTY_ORDINANCE — Page 25

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CAP. 192] Matrimonial Proceedings and Property

[1972 Ed.

(b) section 28(1), that subsection as applied by section 28(3) and by

section 31,

(c) section 32(1) and section 29(2) as applied by section 32(2),

(d) section 34,

(e) section 46(1)(a) or (b), in so far as it relates to the maintenance of a

child, and section 46(3),

as it applies to the orders mentioned in subsection (2) of the said section 11.

(2) Subject to the provisions of this paragraph, the court hearing an application for the variation of an order made or deemed to have been made under any of the provisions of Chapter 179 mentioned in sub-paragraph (1) shall have power to vary that order in any way in which it would have power to vary it had the order been made under the corresponding provision of this Ordinance.

(3) The said section 11, as applied by sub-paragraph (1), shall have effect as if for subsections (4), (5) and (6) thereof there were substituted the following subsections--

"(4) The court shall not exercise the powers conferred by this section in relation to an order made or deemed to have been made under section 29(2) of the Matrimonial Causes Ordinance, as applied by section 32(2) thereof, in proceedings for judicial separation except on an application made in proceedings--

(a) for the rescission of the decree of judicial separation, or

(b) for the dissolution of the marriage of the parties to the proceedings

in which that decree was made.

(5) The court hearing an application for the variation of any order made or deemed to have been made under section 28(1), 32(1), 34, 46(1)(a) or (b) or 46(3) of the Matrimonial Causes Ordinance or under the said section 28(1) as applied by section 28(3) of that Ordinance or by section 31 thereof shall not have power to vary that order by making an order for the payment of a lump sum or any such order as is mentioned in section 6 of this Ordinance.

(6) Where the person liable to make payments under a secured periodical payments order made or deemed to have been made under the said section 28(1), 34 or 46(3) or under the said section 28(1), as applied by the said section 28(3) or by the said section 31, has died, an application under this section relating to that order may be made by the person entitled to payments under the order or by the personal representatives of the deceased person, but no such application shall, except with the permission of the court, be made after the end of the period of six months from the date on which representation in regard to the estate of that person is first taken out.

In this subsection "secured periodical payments order" means an order requiring a person to secure an annual sum or periodical payments to some other person.".

(4) Section 11(1) and (3) shall apply to an order made or deemed to have been made under section 27 of Chapter 179 in its application to proceed- ings for restitution of conjugal rights, under section 33 of Chapter 179 or under section 46(1)(c) thereof as they apply to the orders mentioned in subsection (2) of the said section 11, and in exercising the powers conferred by virtue of this paragraph the court shall have regard to all the circumstances of the case, including any change in any of the matters to which the court was required to have regard when making the order to which the application relates.

4.

Section 12 of this Ordinance shall apply in relation to the enforce- ment of the payment of arrears due under an order made, or deemed to have been made, under any of the following provisions of Chapter 179, that is to

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