Women’s Charter 1961 · s 91L

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

—(1) This section applies where a respondent has been ordered by the court to furnish a banker’s guarantee mentioned in section 91B(1)(d).(2) The banker’s guarantee furnished by the respondent —(a)must be valid for a period specified by the court (not exceeding 3 years), starting on the date the order for security is made; and(b)must be for an amount specified by the court not exceeding 3 months of maintenance payable under the maintenance order.(3) The respondent must make the original banker’s guarantee available to the person to whom maintenance is owed (called in this section a maintenance claimant) within one month from the date of the order.(4) Where —(a)a maintenance claimant makes a demand on the banker’s guarantee and no maintenance arrears are owing to the claimant at the time of the demand; or(b)the amount paid out under a banker’s guarantee to a maintenance claimant exceeds the actual amount of maintenance arrears owing to the claimant at the time the claimant’s demand was made on the banker’s guarantee,any amount that is payable or paid that is in excess of the amount of maintenance arrears owing (called in this section the excess) must be set off against the amount of any maintenance which becomes payable by the respondent to the maintenance claimant at any time on or after the date of the demand on the banker’s guarantee (called in this section future maintenance liability).(5) Where there is no future maintenance liability against which the excess may be offset, the maintenance claimant who made the demand on the banker’s guarantee giving rise to that excess must, upon demand by the respondent, refund the excess to the respondent.(6) Where a refund is not made as required under subsection (5), the respondent may recover the amount due to the respondent under that subsection from the maintenance claimant as if the amount were a civil debt due to the respondent.
This section applies where a respondent has been ordered by the court to furnish a banker’s guarantee mentioned in section 91B(1)(d).
The banker’s guarantee furnished by the respondent —(a)must be valid for a period specified by the court (not exceeding 3 years), starting on the date the order for security is made; and(b)must be for an amount specified by the court not exceeding 3 months of maintenance payable under the maintenance order.
The respondent must make the original banker’s guarantee available to the person to whom maintenance is owed (called in this section a maintenance claimant) within one month from the date of the order.
Where —(a)a maintenance claimant makes a demand on the banker’s guarantee and no maintenance arrears are owing to the claimant at the time of the demand; or(b)the amount paid out under a banker’s guarantee to a maintenance claimant exceeds the actual amount of maintenance arrears owing to the claimant at the time the claimant’s demand was made on the banker’s guarantee,any amount that is payable or paid that is in excess of the amount of maintenance arrears owing (called in this section the excess) must be set off against the amount of any maintenance which becomes payable by the respondent to the maintenance claimant at any time on or after the date of the demand on the banker’s guarantee (called in this section future maintenance liability).
Where there is no future maintenance liability against which the excess may be offset, the maintenance claimant who made the demand on the banker’s guarantee giving rise to that excess must, upon demand by the respondent, refund the excess to the respondent.
Where a refund is not made as required under subsection (5), the respondent may recover the amount due to the respondent under that subsection from the maintenance claimant as if the amount were a civil debt due to the respondent.

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 91LBanker’s guarantee

(1)

This section applies where a respondent has been ordered by the court to furnish a banker’s guarantee mentioned in section 91B(1)(d).

(2)

The banker’s guarantee furnished by the respondent —

(a)

must be valid for a period specified by the court (not exceeding 3 years), starting on the date the order for security is made; and

(b)

must be for an amount specified by the court not exceeding 3 months of maintenance payable under the maintenance order.

(3)

The respondent must make the original banker’s guarantee available to the person to whom maintenance is owed (called in this section a maintenance claimant) within one month from the date of the order.

(4)

Where —

(a)

a maintenance claimant makes a demand on the banker’s guarantee and no maintenance arrears are owing to the claimant at the time of the demand; or

(b)

the amount paid out under a banker’s guarantee to a maintenance claimant exceeds the actual amount of maintenance arrears owing to the claimant at the time the claimant’s demand was made on the banker’s guarantee,any amount that is payable or paid that is in excess of the amount of maintenance arrears owing (called in this section the excess) must be set off against the amount of any maintenance which becomes payable by the respondent to the maintenance claimant at any time on or after the date of the demand on the banker’s guarantee (called in this section future maintenance liability).

(5)

Where there is no future maintenance liability against which the excess may be offset, the maintenance claimant who made the demand on the banker’s guarantee giving rise to that excess must, upon demand by the respondent, refund the excess to the respondent.

(6)

Where a refund is not made as required under subsection (5), the respondent may recover the amount due to the respondent under that subsection from the maintenance claimant as if the amount were a civil debt due to the respondent.