Enforcement of Court Orders Act 1940
Duration of instalment orders.
4. — F2[(1) An instalment order shall continue in force until the expiration of twelve years from the date of the relevant judgment, order or decree.]
(2) No instalment which accrues due under an instalment order after such order ceases to be in force shall be payable or recoverable.
(3) Nothing in this section shall be construed as requiring that an instalment order shall provide for payment of the whole of the debt and costs within the period during which such order continues in force.
Annotations:
Amendments:
F2
Substituted (12.07.1986) by Courts (No. 2) Act 1986 (26/1986), s. 3(3), commenced on enactment.
Modifications (not altering text):
C2
Application of subs. (1) restricted (1.12.2005) by Social Welfare Consolidation Act 2005 (26/2005), s. 346(5), 346(9)(a), S.I. No. 923 of 2005.
Contribution towards benefit or allowance.
346. ...
(5) Where a judge of the District Court is satisfied that, at the time of the hearing of an application by the competent authority under subsection (3), the liable relative had failed or neglected to make the contribution required under this section and was able to contribute to the allowance granted, the judge shall order the payment of that contribution to the competent authority in the manner he or she considers proper.
...
(9) The following provisions shall not apply to orders made under subsection (5):
(a) section 4(1) (inserted by section 3 (3) of the Courts (No. 2) Act 1986 ) of the Enforcement of Court Orders Act 1940 (duration of instalment orders); and
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Editorial Notes:
E2
Previous affecting provision: application of subs. (1) restricted (16.11.1993) by Social Welfare (Consolidation) Act 1993 (27/1993), s. 286(8)(a), S.I. No. 335 of 1993; revoked (1.12.2005) by Social Welfare Consolidation Act 2005 (26/2005), ss. 360 and sch. 7, S.I. No. 923 of 2005.
E3
Previous affecting provision: application of subs. (1) restricted by Social Welfare (Consolidation) Act 1981 (1/1981), s. 316(8) as inserted (5.04.1992) by Social Welfare Act 1992 (5/1992), s. 21(d), commenced on enactment; repealed (16.11.1993) by Social Welfare (Consolidation) Act 1993 (27/1993), s. 300 and sch., S.I. No. 335 of 1993.