Maintenance Orders Act 1958

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F3 The text of s. 20(3)(a) which is spent (N.I.) is repealed (E.W.) (S.) by Attachment of Earnings Act 1971 (c. 32), Sch. 6

F4 S. 20(3)(b)(4)(5) repealed by Attachment of Earnings Act 1971 (c. 32), Sch. 6

F5 S. 20(6) repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

F6 S. 20(7) repealed by Attachment of Earnings Act 1971 (c. 32), Sch. 6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