Maintenance Enforcement Act 1991

The Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33) E+W

1 (1) In section 4 of the Maintenance Orders (Facilities for Enforcement) Act 1920 (power of court of summary jurisdiction to confirm maintenance order made out of UK), after subsection (5) there shall be inserted the following subsections— E+W

“(5A) Where a magistrates’ court confirms a provisional order under this section, it shall at the same time exercise one of its powers under subsection (5B).

(5B) The powers of the court are—

(a) the power to order that payments under the order be made directly to the clerk of the court or the clerk of any other magistrates’ court;

(b) the power to order that payments under the order be made to the clerk of the court, or to the clerk of any other magistrates’ court, by such method of payment falling within section 59(6) of the M1 Magistrates’ Courts Act 1980 (standing order, etc.) as may be specified;

(c) the power to make an attachment of earnings order under the M2 Attachment of Earnings Act 1971 to secure payments under the order.

(5C) In deciding which of the powers under subsection (5B) it is to exercise, the court shall have regard to any representations made by the person liable to make payments under the order.

(5D) Subsection (4) of section 59 of the Magistrates’ Courts Act 1980 (power of court to require debtor to open account) shall apply for the purposes of subsection (5B) as it applies for the purposes of that section but as if for paragraph (a) there were substituted—

(a) the court proposes to exercise its power under paragraph (b) of section 4(5B) of the M3 Maintenance Orders (Facilities for Enforcement) Act 1920, and”

(2) For subsection (6) of that section (which provides that where a provisional order is confirmed it may be varied or rescinded as if it had been made by the confirming court and includes power to remit the order to the court which made it) there shall be substituted the following subsections—

“(6) Subject to subsection (6A), where a provisional order has been confirmed under this section, it may be varied or revoked in like manner as if it had originally been made by the confirming court.

(6A) Where the confirming court is a magistrates’ court, section 60 of the Magistrates’ Courts Act 1980 (revocation, variation etc. of orders for periodical payment) shall have effect in relation to a provisional order confirmed under this section—

(a) as if in subsection (3) for the words “paragraphs (a) to (d) of section 59(3) above” there were substituted “section 4(5B) of the Maintenance Orders (Facilities for Enforcement) Act 1920”;

(b) as if in subsection (4) for paragraph (b) there were substituted—

(b) payments under the order are required to be made to the clerk of the court, or to the clerk of any other magistrates’ court, by any method of payment falling within section 59(6) above (standing order, etc.)

;and as if after the words “the court” there were inserted “which made the order”;

(c) as if in subsection (5) for the words “to the clerk” there were substituted “in accordance with paragraph (a) of section 4(5B) of the M4 Maintenance Orders (Facilities for Enforcement) Act 1920”;

(d) as if in subsection (7), paragraph (c) and the word “and” immediately preceding it were omitted;

(e) as if in subsection (8) for the words “paragraphs (a) to (d) of section 59(3) above” there were substituted “section 4(5B) of the Maintenance Orders (Facilities for Enforcement) Act 1920”;”

(f) as if for subsections (9) and (10) there were substituted the following subsections—

“(9) In deciding, for the purposes of subsections (3) and (8) above, which of the powers under section 4(5B) of the Maintenance Orders (Facilities for Enforcement) Act 1920 it is to exercise, the court shall have regard to any representations made by the debtor.

(10) Subsection (4) of section 59 above (power of court to require debtor to open account) shall apply for the purposes of subsections (3) and (8) above as it applies for the purposes of that section but as if for paragraph (a) there were substituted—

(a) the court proposes to exercise its power under paragraph (b) of section 4(5B) of the Maintenance Orders (Facilities for Enforcement) Act 1920, and”

“(6B) Where on an application for variation or revocation the confirming court is satisfied that it is necessary to remit the case to the court which made the order for the purpose of taking any further evidence, the court may so remit the case and adjourn the proceedings for the purpose.”

Commencement Information

I1 Sch. 1 para. 1 wholly in force at 1.4.1992 see s. 12(2) and S.I. 1992/455, art. 2

Marginal Citations

M1 1980 c. 43.

M2 1971 c. 32.

M3 1920 c. 33.

M4 1920 c. 33.

2 E+W In section 6 of that Act (mode of enforcing orders registered in or confirmed by courts under Act), in subsection (2) (which provides that if the order is of such a nature that if made by the court it would be enforceable as a magistrates’ court maintenance order it shall be so enforceable), for the words “the order shall be so enforceable” there shall be substituted “ the order shall, subject to the modifications of sections 76 and 93 of the M5 Magistrates’ Courts Act 1980 (enforcement of sums adjudged to be paid and complaint for arrears) specified in subsections (2ZA) and (2ZB) of section 18 of the M6 Maintenance Orders Act 1950 (enforcement of registered orders), be so enforceable ”.

Commencement Information

I2 Sch. 1 para.2 wholly in force at 1.4.1992 see s. 12(2) and S.I. 1992/455, art. 2

Marginal Citations

M5 1980 c. 43.

M6 1950 c. 37.