Jersey Law 2/1972
SEPARATION AND MAINTENANCE ORDERS (AMENDMENT) (JERSEY) LAW, 1971.
A LAW to
amend further the Separation and Maintenance Orders (Jersey) Law, 1953,
sanctioned by Order of Her Majesty in Council of the
22nd day of DECEMBER, 1971.
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(Registered on the 4th day of
February, 1972).
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STATES OF JERSEY.
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The 6th day of April,
1971.
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THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law: -
ARTICLE 1
(1) In
Article 2 of the Separation and Maintenance Orders (Jersey) Law, 1953,as amended,
(hereinafter referred to as “the principal Law”) before the word
“Where” there shall be inserted the figure “(1)”.
(2) For
clause (iii) of paragraph (1) of the said Article 2 there shall be substituted
the following clauses –
“(iii) a
provision that the husband shall pay to the applicant personally, or to an
officer of the court or third person on her behalf, such weekly sum (not
exceeding such amount as the States shall by regulations prescribe) for the
maintenance of herself and of each such child until the child attains the age
of sixteen years as the court shall, having regard to the means of both the
husband and the wife, consider reasonable;
(iv) a
provision –
(a) where
the wife is the tenant of the matrimonial home, that the husband shall vacate
the premises within such period as the court shall, in all the circumstances,
consider reasonable; or
(b) where
the husband is the tenant, or the husband and wife are joint tenants, of the
matrimonial home, that the husband shall vacate the premises within such period
as the court shall in all the circumstances consider reasonable and, subject to
the agreement of the owner of the property, that the rights of tenancy
possessed by the husband or by the husband and wife jointly shall be assigned
to the wife.”
(3) After
paragraph (1) of the said Article 2, there shall be added the following
paragraph –
“(2) Where
the court makes an order containing either of the provisions mentioned in
clause (iv) of paragraph (1) of this Article, the husband shall, from the time
the order is made, be deemed to have forfeited all his rights as a tenant or as
a ‘locataire réfractaire’ within the meaning of the
‘Loi (1946) concernant l’expulsion des locataires
réfractaires’.”.
ARTICLE 2
For clause (iii) of Article 3 of the principal Law there shall be substituted the following clause
–
“(iii) a
provision that the applicant shall pay to the wife personally, or to an officer
of the court or third person on her behalf, such weekly sum (not exceeding such
amount as the States shall by regulations prescribe) for the maintenance of
herself as the court shall, having regard to the means of both the husband and
wife, consider reasonable;”.
ARTICLE 3
(1) After
Article 6 of the principal Law there
shall be inserted the following Article –
“ARTICLE
6A
POWER OF COURT WITH RESPECT TO CHILDREN
ON DISMISSAL OF APPLICATION
Where an application for an order under Article 2 or Article 3 of
this Law is dismissed at any stage after the commencement of the hearing, the
court may make such order in respect of the legal custody of any children of
the marriage as it thinks fit having regard to the interests of the children
and, where the legal custody of the children is committed to the wife, may
order the husband to pay to the wife personally, or to an officer of the court
or third person on her behalf, such weekly sum (not exceeding such amount as
the States shall by regulations prescribe) for the maintenance of each such
child until the child attains the age of sixteen years as the court shall,
having regard to the means of both the husband and the wife, consider
reasonable.”.
(2) The
amendments specified in the second column of the Schedule to this Law, being
amendments of a minor nature consequential on the provisions of paragraph (1)
of this Article, shall be made in the provisions of the principal Law specified
in the first column of that Schedule.
ARTICLE 4
In sub-paragraph (b) of
the proviso to paragraph (2) of Article 8 of the principal Law for the words from “a weekly sum not
exceeding thirty shillings” to “sixteen years” there shall be
substituted the following words –
“such weekly sum (not exceeding such amount as the States
shall by regulations prescribe) for the maintenance of each such child until
the child attains the age of sixteen years as the court shall, having regard to
the means of both the husband and the wife, consider reasonable”.
ARTICLE 5
After Article 11 of the principal Law there
shall be added the following Articles –
“ARTICLE
11A
POWER OF AN OFFICER OF COURT TO RECOVER
IN OWN NAME PAYMENTS IN ARREAR
(1) Where
an order made under this Law requires payment of a weekly sum to an officer of
the court and the payments are at any time in arrear, the said officer shall,
if the person for whose benefit the payment should have been made so requests
in writing, and unless it appears to the said officer that it is unreasonable
in the circumstances to do so, proceed in his own name for the recovery of
those sums.
(2) Where
an officer of the court institutes proceedings in his own name under paragraph
(1) of this Article, the person for whose benefit the payment should have been
made shall have the same liability for all the costs properly incurred in and
about the proceedings as if the proceedings had been instituted by him.
(3) Nothing
in this Article shall affect any right of a person to proceed in his own name
for the recovery of any sum payable to him on his behalf by virtue of an order
made under this Law.
ARTICLE
11B
RELIEF OF COLLECTING OFFICER
Where an order made under this Law requires payment of a weekly sum
to an officer of the court and it is proved that the person on whose behalf the
order was made has persistently received the payments direct from the person
liable to make them, the court may, on the application of the said officer,
vary the order so as to require the payments to be made direct.”.
ARTICLE 6
This Law may be cited as the Separation and Maintenance Orders
(Amendment) (Jersey) Law, 1971 and shall come into force forthwith upon
promulgation.
SCHEDULE
(Article 3(2))
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ARTICLE
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AMENDMENT
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7
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For the words
“or Article 3” there shall be substituted the words “,
Article 3 or Article 6A”.
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8 (1)
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For the words
“Article 2 or 3” there shall be substituted the words
“Article 2, Article 3 or Article 6A”.
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8 (3)
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For the words
“or Article 3” there shall be substituted the words “,
Article 3 or Article 6A”.
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9 (1)
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After the
words “Article 2” there shall be inserted the words “or Article
6A”, and for the words “that Article” there shall be
substituted the words “those Articles”.
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E.J.M. POTTER,
Greffier of the States