The basic principlesE+W+S

9 Agreements about maintenance.E+W+S

(1)In this section “maintenance agreement” means any agreement for the making, or for securing the making, of periodical payments by way of maintenance, or in Scotland aliment, to or for the benefit of any child.

(2)Nothing in this Act shall be taken to prevent any person from entering into a maintenance agreement.

[F1(2A)The [F2Secretary of State] may, with a view to reducing the need for applications under sections 4 and 7—

(a)take such steps as [F3the Secretary of State] considers appropriate to encourage the making and keeping of maintenance agreements, and

(b)in particular, before accepting an application under those sections, invite the applicant to consider with the [F4Secretary of State] whether it is possible to make such an agreement.]

(3)[F5Subject to section 4(10)(a) [F6and (ab)] and section 7(10),] the existence of a maintenance agreement shall not prevent any party to the agreement, or any other person, from applying for a [F7maintenance calculation] with respect to any child to or for whose benefit periodical payments are to be made or secured under the agreement.

(4)Where any agreement contains a provision which purports to restrict the right of any person to apply for a [F7maintenance calculation], that provision shall be void.

(5)Where section 8 would prevent any court from making a maintenance order in relation to a child and [F8a non-resident parent] of his, no court shall exercise any power that it has to vary any agreement so as—

(a)to insert a provision requiring that [F8non-resident parent] to make or secure the making of periodical payments by way of maintenance, or in Scotland aliment, to or for the benefit of that child; or

(b)to increase the amount payable under such a provision.

[F9(6)In any case in which section 4(10) or 7(10) prevents the making of an application for a [F7maintenance calculation], F10... subsection (5) shall have effect with the omission of paragraph (b).]