§ 46 (1) If the court, in exercise of its powers under this Part, decides—
- (a) to vary, or
- (b) to discharge,
§ (2) Sub-paragraph (1) is subject to paragraph 34(1) and (6).
§ 47 (1) If—
- (a) a periodical payments or secured periodical payments order in favour of more than one child ("the order") is in force,
- (b) the order requires payments specified in it to be made to or for the benefit of more than one child without apportioning those payments between them,
- (c) a maintenance calculation ("the calculation") is made with respect to one or more, but not all, of the children with respect to whom those payments are to be made, and
- (d) an application is made, before the end of the period of 6 months beginning with the date on which the calculation was made, for the variation or discharge of the order,
§ (2) If—
- (a) an order ("the child order") of a kind prescribed for the purposes of Article 12(1) of the Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23)) is affected by a maintenance calculation,
- (b) on the date on which the child order became so affected there was in force a periodical payments or secured periodical payments order ("the civil partner's order") in favour of a civil partner having the care of the child in whose favour the child order was made, and
- (c) an application is made, before the end of the period of 6 months beginning with the date on which the maintenance calculation was made, for the civil partner's order to be varied or discharged,
§ (3) For the purposes of sub-paragraph (2), an order is affected if it ceases to have effect or is modified by or under Article 12 of the 1991 Order.
§ (4) Sub-paragraphs (1) and (2) do not affect any other power of the court to direct that the variation or discharge of an order under this Part is to take effect from a date earlier than that on which the order for variation or discharge was made.