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Administration of Justice Act 1970

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Section 28.

SCHEDULE 8E+W+S+N.I. Maintenance Orders for purposes of 1958 Act and Part II of this Act

1An order for alimony, maintenance or other payments made, or having effect as if made, under Part II of the M1Matrimonial Causes Act 1965 (ancillary relief in actions for divorce etc.).E+W+S+N.I.

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2An order for payments to or in respect of a child being an order made, or having effect as if made, under Part III of the said Act of 1965 (maintenance of children following divorce, etc.).E+W+S+N.I.

[F12AAn order for periodical or other payments made, or having effect as if made, under Pt. II of the M2Matrimonial Causes Act 1973].E+W+S+N.I.

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Amendments (Textual)

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3An order for maintenance or other payments to or in respect of a spouse or child being an order made, [F2under Part I of the M3Domestic Proceedings and Magistrates’ Courts Act 1978].E+W+S+N.I.

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Amendments (Textual)

Marginal Citations

[F34An order for periodical or other payments made or having effect as if made under Schedule 1 to the Children Act 1989.]E+W

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Amendments (Textual)

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4E+W+S+N.I.

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Amendments (Textual)

6An orderE+W

[F5(a)made or having effect as if made under paragraph 23 of Schedule 2 to the Children Act 1989 [F6or under paragraph 3 of Schedule 1 to the Social Services and Well-being (Wales) Act 2014]; or

(b)made under] F7. . . section 23 of the Ministry of Social Security Act 1966 F8[F9. . . section 18 of the Supplementary Benefits Act 1976] [F10or section 24 of the Social Security Act 1986] [F11or section 106 of the Social Security Administration Act 1992] (various provisions for obtaining contributions from a person whose dependants are assisted or maintained out of public funds)

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Amendments (Textual)

F8Word in Sch. 8 para. 6 omitted (1.7.1992) by virtue of Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para.7

7F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

8An order to which section 16 of the M4Maintenance Orders Act 1950 applies by virtue of subsection (2)(b) or (c) of that section (that is to say an order made by a court in Scotland or Northern Ireland and corresponding to one of those specified in the foregoing paragraphs) and which has been registered in a court in England and Wales under Part II of that Act.E+W+S+N.I.

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Modifications etc. (not altering text)

Marginal Citations

9A maintenance order within the meaning of the M5Maintenance Orders (Facilities for Enforcement) Act 1920 (Commonwealth orders enforceable in the United Kingdom) registered in, or confirmed by, a court in England and Wales under that Act.E+W+S+N.I.

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10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13E+W+S+N.I.

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Amendments (Textual)

F13Sch. 8 para. 10 repealed by Matrimonial Causes Act 1973 (c. 18), Sch. 3

[F1411 A maintenance order within the meaning of Part I of the M6 Maintenance Orders (Reciprocal Enforcement) Act 1972 registered in [F15the family court] under the said Part I. ] E+W+S+N.I.

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Marginal Citations

F1612. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

[F1713A maintenance order within the meaning of Part I of the Civil Jurisdiction and Judgments Act 1982 which is registered in [F18the family court] under that Part.]E+W+S+N.I.

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Amendments (Textual)

F19 [ 13A A maintenance judgment within the meaning of Council Regulation ( EC ) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters [F20, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No. L 299 16.11.2005 at p62)], which is registered in [F21court in England and Wales] under that Regulation.]E+W

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Amendments (Textual)

F19Sch. 8 para. 13A inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 5, Sch. 3 para. 8

[F2213B.(1)A decision, court settlement or authentic instrument which falls to be enforced by [F23the family court] by virtue of the Maintenance Regulation and the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011.E+W+S+N.I.

(2)In this paragraph—

  • “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;

  • “decision”, “court settlement” and “authentic instrument” have the meanings given by Article 2 of the Maintenance Regulation.]

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Amendments (Textual)

[F2413C.A decision or maintenance arrangement which is registered in [F25the family court] under the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23rd November 2007.]E+W+S+N.I.

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Amendments (Textual)

F24Sch. 8 para. 13C inserted (7.11.2012 coming into force in accordance with reg. 1(1)) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(1), Sch. 4 para. 2(3)

[F2614An order for periodical or other payments made under Part III of the Matrimonial and Family Proceedings Act 1984.]E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

[F2715An order for periodical or other payments made under Schedule 5, 6 or 7 to the Civil Partnership Act 2004.]E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F27Sch. 8 para. 15 inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263(10)(b), Sch. 27 para. 34, S.I. 2005/3175, {art. 2(2)}

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