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Maintenance Orders Act 1958
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Maintenance Orders Act 1958, Section 2 is up to date with all changes known to be in force on or before 26 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 2:
- s. 2 amended by 1999 c. 22 Sch. 13 para. 25 26
- s. 2 repealed in part by 1999 c. 22 s. 97(1) Sch. 15 Pt. 5(8)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))
2 Registration of orders. E+W
(1)A person entitled to receive payments under a High Court [F1order may apply to the High Court for registration of the order in the family court, and the High Court] may, if it thinks fit, grant the application.
(2)Where an application for the registration of such an order is granted—
(a)no proceedings shall be begun, and no writ, warrant or other process shall be issued, for the enforcement of the order before the registration of the order or the expiration of the prescribed period from the grant of the application, whichever first occurs; and
(b)the [F2High Court] shall, on being satisfied within the period aforesaid by the person who made the application that no such proceedings or process begun or issued before the grant of the application remain pending or in force, cause a certified copy of the order to be [F3sent to the family court];
but if at the expiration of the period aforesaid the [F2High Court] has not been so satisfied, the grant of the application shall become void.
F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4[F5(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(3B)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)[F6An officer of the family court] who receives a certified copy of an order sent to [F7the court] under this section shall cause the order to be registered in that court.
F8F9[(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6ZA)Where a High Court F10... order is registered under this Part of this Act in [F11the family] court, then—
(a)if a means of payment order (within the meaning of section 1(7) of the Maintenance Enforcement Act 1991) has effect in relation to the order in question, it shall continue to have effect after registration; F12...
F12(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13(6ZB). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6ZC)Where by virtue of the provisions of this section F14... payments under an order cease to be or become payable to [F15the family court], the person liable to make the payments shall, until he is given the prescribed notice to that effect, be deemed to comply with the order if he makes payments in accordance with the order and any order under subsection (6ZA)(b) of this section of which he has received such notice.]
[F16(6A)In this section—
“High Court order” includes a maintenance order deemed to be made by the High Court by virtue of section 1(2) above, F17...
F17...]
(7)In this section “certified copy” in relation to an order of a court means a copy certified by the proper officer of the court to be a true copy of the order or of the official record thereof.
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only.
Textual Amendments
F1Words in s. 2(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(2) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F2Words in s. 2(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(3)(a) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F3Words in s. 2(2)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(3)(b) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F4S. 2(3)-(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(4) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F5S. 2(3A)(3B) inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. I para. 2(3)
F6Words in s. 2(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(5)(a) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F7Words in s. 2(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(5)(b) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F8S. 2(6) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(4) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F9S. 2(6)-(6ZC) substituted (E.W.) (1.4.1992) for s. 2(6) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 10, Sch. 1 para. 7; S.I. 1992/455, art. 2.
F10Words in s. 2(6ZA) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(6)(a)(i); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F11Words in s. 2(6ZA) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(6)(a)(ii); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F12S. 2(6ZA)(b) and preceding word omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(6)(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F13S. 2(6ZB) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(7); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F14Words in s. 2(6ZC) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(8)(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F15Words in s. 2(6ZC) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(8)(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F16S. 2(6A) added by Administration of Justice Act 1977 (c. 38, SIF 37), s. 3, Sch. 3 para. 2, with effect in relation to the enforcement in one part of the United Kingdom of maintenance orders made in another part.
F17Words in s. 2(6A) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(9); 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)
C2Pt.I (ss. 1–5) applied by Administration of Justice Act 1977 (c. 38, SIF 37), s. 3, sch. 3 para. 10
C3S. 2 (except subsection (6A)) modified by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 36(3), 52
C4S. 2 extended by Social Security Act 1986 (c. 50, SIF 113:1), s. 24B(4)(a)(ii) (as inserted by Social Security Act 1990 (c. 27, SIF 113:1), s. 8(1)
2 Registration of orders. S+N.I.
(1)A person entitled to receive payments under a High Court [F1order may apply to the High Court for registration of the order in the family court, and the High Court] may, if it thinks fit, grant the application.
(2)Where an application for the registration of such an order is granted—
(a)no proceedings shall be begun, and no writ, warrant or other process shall be issued, for the enforcement of the order before the registration of the order or the expiration of the prescribed period from the grant of the application, whichever first occurs; and
(b)the [F2High Court] shall, on being satisfied within the period aforesaid by the person who made the application that no such proceedings or process begun or issued before the grant of the application remain pending or in force, cause a certified copy of the order to be [F3sent to the family court];
but if at the expiration of the period aforesaid the [F2High Court] has not been so satisfied, the grant of the application shall become void.
F4(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4[F18(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(3B)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)[F6An officer of the family court ] who receives a certified copy of an order sent to [F7the court] under this section shall cause the order to be registered in that court.
F8(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F19(6A)In this section—
“High Court order” includes a maintenance order deemed to be made by the High Court by virtue of section 1(2) above, F17...
F17...]
(7)In this section “certified copy” in relation to an order of a court means a copy certified by the proper officer of the court to be a true copy of the order or of the official record thereof.
Extent Information
E2This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only.
Textual Amendments
F1Words in s. 2(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(2) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F2Words in s. 2(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(3)(a) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F3Words in s. 2(2)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(3)(b) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F4S. 2(3)-(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(4) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F6Words in s. 2(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(5)(a) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F7Words in s. 2(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(5)(b) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F8S. 2(6) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(4) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F17Words in s. 2(6A) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(9); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F18S. 2(3A)(3B) inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. I para. 2(3)
F19S. 2(6A) added by Administration of Justice Act 1977 (c. 38, SIF 37), s. 3, Sch. 3 para. 2, with effect in relation to the enforcement in one part of the United Kingdom of maintenance orders made in another part.
Modifications etc. (not altering text)
C5Pt.I (ss. 1–5) applied by Administration of Justice Act 1977 (c. 38, SIF 37), s. 3, sch. 3 para. 10
C6S. 2 (except subsection (6A)) modified by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 36(3), 52
C7S. 2 extended by Social Security Act 1986 (c. 50, SIF 113:1), s. 24B(4)(a)(ii) (as inserted by Social Security Act 1990 (c. 27, SIF 113:1), s. 8(1)
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