Maintenance Orders Act 1958

Supplemental U.K.

20 [F1 Repeat applications to enforce payment of maintenance arrears] E+W+N.I.

F2 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) It is hereby declared that a magistrates’ court has jurisdiction to hear a complaint by or against a person residing outside England for the discharge or variation of an attachment of earnings order made by a magistrates’ court; and where such a complaint is made against a person residing outside England, then—

[F3 (a) if he resides in Scotland or Northern Ireland, section fifteen of the Maintenance Orders Act, 1950 (which relates to the service of process on persons residing in those countries) shall have effect in relation to the complaint as it has effect in relation to the proceedings therein mentioned; and]

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(4),(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(8) For the avoidance of doubt it is hereby declared that [F7 an application] may be made to enforce payment of a sum due and unpaid under a maintenance order notwithstanding that a previous [F8 application] has been made in respect of that sum or a part thereof and whether or not an order was made in pursuance of the previous [F8 application].

Textual Amendments

F1 S. 20 title substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 12(4); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2 S. 20(1)(2) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 12(2); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F3 The text of s. 20(3)(a) which is spent (N.I.) is repealed (E.W.) (S.) by Attachment of Earnings Act 1971 (c. 32), Sch. 6

F4 S. 20(3)(b)(4)(5) repealed by Attachment of Earnings Act 1971 (c. 32), Sch. 6

F5 S. 20(6) repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

F6 S. 20(7) repealed by Attachment of Earnings Act 1971 (c. 32), Sch. 6

F7 Words in s. 20(8) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 12(3)(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F8 Word in s. 20(8) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 12(3)(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C1 The text of s. 20(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

21 Interpretation, etc. E+W

(1) In this Act, unless the context otherwise requires, the following expressions have the following meanings—

• F9 ...

• . . . F10

• “defendant”, in relation to a maintenance order or a related attachment of earnings order, means the person liable to make payments under the maintenance order;

• . . . F10

• “England” includes Wales;

• . . . F10

• “prescribed” means prescribed by rules of court;

• [F11 “proper officer”, in relation to a magistrates’ court, means the clerk of the court;]

• F12 ...

(2) Any reference in this Act to a person entitled to receive payments under a maintenance order is a reference to a person entitled to receive such payments either directly or through another person or for transmission to another person.

(3) Any reference in this Act to proceedings relating to an order includes a reference to proceedings in which the order may be made.

(4) Any reference in this Act to costs incurred in proceedings relating to a maintenance order shall be construed, in the case of a maintenance order made by the High Court, as a reference to such costs as are included in an order for costs relating solely to that maintenance order.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

(6) Any reference in this Act to any enactment is a reference to that enactment as amended by or under any subsequent enactment.

Textual Amendments

F9 Words in s. 21(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 13; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F10 Definitions of “attachment of earnings order”, “earnings”, “employer”, “excepted sums”, and “maintenance order” repealed by Administration of Justice Act 1970 (c. 31), Sch. 11

F11 Definition of “proper officer”in s. 21(1) repealed (1.4.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. V(7) (with s. 107, Sch. 14 para. 7(2), 36(9)); S.I. 2001/916, art. 2(c)(ii) (with transitional provision in Sch. 2 para. 2)

F12 Words in s. 21(1) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 104, Sch. 10; S.I. 2005/910, art. 3(y)

F13 S. 21(5) repealed by Administration of Justice Act 1970 (c. 31), Sch. 11

Modifications etc. (not altering text)

C2 S. 21 applied (14.10.1991) by S.I. 1991/1247, rule 7.22

C3 S. 21 applied (18.6.2011) by The Magistrates Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011 (S.I. 2011/1329), rules 1, 34(2) (with rule 3)

22 F14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F14 S. 22 repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

23 Short title, extent, commencement and repeals. U.K.

(1) This Act may be cited as the Maintenance Orders Act, 1958.

[F15 (2) The following provisions of this Act, namely—

• section 2 [F16 section 2A];

• section 5(2), (3), (4) and (4A);

extend to Scotland and Northern Ireland.

(2A) section 20(3)(a) above extends to Northern Ireland.

(2B) Subject to subsections (2) and (2A) above, this Act extends only to England.]

(3) This Act shall come into operation on such date as the Secretary of State may by order, made by statutory instrument, appoint; and different dates may be so appointed for the purposes of different provisions of this Act.

(4) Subsection (2) of section eight of the M1 Guardianship of Infants Act, 1925, and section ten of the M2 Affiliation Proceedings Act, 1957, are hereby repealed; but nothing in this subsection shall affect any order in force or deemed to be in force under either of those provisions at the commencement of this subsection, and any such order may be discharged or varied as if this subsection had not been passed.

Subordinate Legislation Made

P1 S. 23(3) power fully exercised (11.12.1958): 16.2.1959 for whole Act by S.I. 1958/2111

Textual Amendments

F15 S. 23(2)(2A)(2B) substituted for s. 23(2) by Administration of Justice Act 1977 (c. 38, SIF 37), s. 3, Sch. 3 para. 5, with effect in relation to the enforcement in one part of the United Kingdom of maintenance orders made in another part.

F16 Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 36(6), 52, Sch. 12 Pt. III para. 2

Marginal Citations

M1 1925 c. 45.

M2 1957 c. 55.