Maintenance Orders (Reciprocal Enforcement) Act 1972

1972 CHAPTER 18

An Act to make new provision, applying throughout the United Kingdom, in place of the Maintenance Orders (Facilities for Enforcement) Act 1920; to make provision with a view to the accession by the United Kingdom to the United Nations Convention on the Recovery Abroad of Maintenance done at New York on 20th June 1956; to make other provision for facilitating the recovery of maintenance by or from persons in the United Kingdom from or by persons in other countries; to extend the jurisdiction of magistrates’ courts to hear complaints by or against persons outside England and Wales; and for purposes connected with the matters aforesaid.

[23rd March 1972]

Modifications etc. (not altering text)

C1 Act: certain functions transferred (1.4.1992) by S.I. 1992/709, art. 4(3)(a)(4)

C2 Act amended (1.4.1992) by S.I. 1992/709, art. 4(5)

Part I U.K. Reciprocal Enforcement of Maintenance Orders made in United Kingdom or Reciprocating Country

Modifications etc. (not altering text)

C3 Pt. I extended by S.I. 1979/1317, Art. 2, Sch. 2

C4 By S.I. 1982/159, art. 3 para. (1) it is provided that the functions of the Secretary of State under this Act insofar as relating to any matter concerning a court in Northern Ireland or a person residing or believed to reside there are transferred to the Lord Chancellor and by art. 3(2) it is provided that any reference to the Secretary of State, so far as necessary for giving effect to para. (1) of art. 3, to be construed as a reference to the Lord Chancellor

C5 Pt. I (ss. 1-24) applied (with modifications) (5.4.1993) by The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993 (S.I. 1993/593), art. 3(1)(2), Schs. 2, 3

Pt. I (ss. 1-24) applied (with modifications) (5.4.1993) by S.I. 1993/594, art. 2(1)(2), Schs. 1, 2

C6 Pt. I (ss. 1-24) applied (with modifications) (1.12.1995) by S.I. 1995/2709, art. 3, Sch. 2

Designation of reciprocating countries U.K.

1 Orders in Council designating reciprocating countries. U.K.

(1) Her Majesty, if satisfied that, in the event of the benefits conferred by this Part of this Act being applied to, or to particular classes of, maintenance orders made by the courts of any country or territory outside the United Kingdom, similar benefits will in that country or territory be applied to, or to those classes of, maintenance orders made by the courts of the United Kingdom, may by Order in Council designate that country or territory as a reciprocating country for the purposes of this Part of this Act; and, subject to subsection (2) below, in this Part of this Act “reciprocating country” means a country or territory that is for the time being so designated.

(2) A country or territory may be designated under subsection (1) above as a reciprocating country either as regards maintenance orders generally, or as regards maintenance orders other than those of any specified class, or as regards maintenance orders of one or more specified classes only; and a country or territory which is for the time being so designated otherwise than as regards maintenance orders generally shall for the purposes of this Part of this Act be taken to be a reciprocating country only as regards maintenance orders of the class to which the designation extends.

Orders made by courts in the United Kingdom U.K.

2 Transmission of maintenance order made in United Kingdom for enforcement in reciprocating country. U.K.

(1) Subject to subsection (2) below, where the payer under a maintenance order made, whether before or after the commencement of this Part of this Act, by a court in the United Kingdom is residing [F1 or has assets] in a reciprocating country, the payee under the order may apply for the order to be sent to that country for enforcement.

(2) Subsection (1) above shall not have effect in relation to a provisional order or to an order made by virtue of a provision of Part II of this Act.

(3) Every application under this section shall be made in the prescribed manner to the prescribed officer of the court which made the maintenance order to which the application relates.

(4) If, on an application duly made under this section to the prescribed officer of a court in the United Kingdom, that officer is satisfied that the payer under the maintenance order to which the application relates is residing [F1 or has assets] in a reciprocating country, the following documents, that is to say—

(a) a certified copy of the maintenance order;

(b) a certificate signed by that officer certifying that the order is enforceable in the United Kingdom;

(c) a certificate of arrears so signed;

(d) a statement giving such information as the officer possesses as to the whereabouts of the payer [F2 and the nature and location of his assets in that country];

(e) a statement giving such information as the officer possesses for facilitating the identification of the payer; and

(f) where available, a photograph of the payer;

shall be sent by that officer to the Secretary of State with a view to their being transmitted by the Secretary of State to the responsible authority in the reciprocating country if he is satisfied that the statement relating to the whereabouts of the payer [F2 and the nature and location of his assets in that country] gives sufficient information to justify that being done.

(5) Nothing in this section shall be taken as affecting any jurisdiction of a court in the United Kingdom with respect to a maintenance order to which this section applies, and any such order may be enforced, varied or revoked accordingly.

Textual Amendments

F1 Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 9(a)

F2 Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 9(b)

Modifications etc. (not altering text)

C7 S. 2 extended by Social Security Act 1986 (c. 50, SIF 113:1), s. 24B(4)(b) (as inserted by Social Security Act 1990 (c. 27, SIF 113:1), s. 8(1)

3 Power of magistrates’ court to make provisional maintenance order against person residing in reciprocating country. U.K.

[F3 (1) Where an application is made to a magistrates’ court for a maintenance order against a person residing in a reciprocating country and the court would have jurisdiction to determine the application under the Domestic Proceedings and Magistrates’ Courts Act 1978 or the Children Act 1989 if that person—

(a) were residing in England and Wales, and

(b) received reasonable notice of the date of the hearing of the application,

the court shall (subject to subsection (2) below) have jurisdiction to determine the application.]

(2) A maintenance order made by virtue of this section shall be a provisional order.

[F4 (3) If the court hearing a complaint to which subsection (1) above applies is satisfied—

(a) that there are grounds on which a maintenance order containing a provision requiring the making of payments for the maintenance of a child may be made on that complaint, but

(b) that it has no jurisdiction to make that order unless it also makes an order providing for the legal custody of that child,

then, for the purpose of enabling the court to make the maintenance order, the complainant shall be deemed to be the person to whom the legal custody of that child has been committed by an order of the court which is for the time being in force.]

[F5 (4) No enactment (or provision made under an enactment) requiring or enabling—

(a) a court to transfer proceedings from a magistrates’ court to a county court or the High Court, or

(b) a magistrates’ court to refuse to make an order on an application on the ground that any matter in question is one that would be more conveniently dealt with by the High Court,

shall apply in relation to an application to which subsection (1) above applies.]

(5) Where a court makes a maintenance order which is by virtue of this section a provisional order, the following documents, that is to say—

(a) a certified copy of the maintenance order;

(b) a document, authenticated in the prescribed manner, setting out or summarising the evidence given in the proceedings;

(c) a certificate signed by the prescribed officer of the court certifying that the grounds stated in the certificate are the grounds on which the making of the order might have been opposed by the payer under the order;

(d) a statement giving such information as was available to the court as to the whereabouts of the payer;

(e) a statement giving such information as the officer possesses for facilitating the identification of the payer; and

(f) where available, a photograph of the payer;

shall be sent by that officer to the Secretary of State with a view to their being transmitted by the Secretary of State to the responsible authority in the reciprocating country in which the payer is residing if he is satisfied that the statement relating to the whereabouts of the payer gives sufficient information to justify that being done.

(6) A maintenance order made by virtue of this section which has been confirmed by a competent court in a reciprocating country shall be treated for all purposes as if the magistrates’ court which made the order had made it in the form in which it was confirmed and as if the order had never been a provisional order, and subject to section 5 of this Act, any such order may be enforced, varied or revoked accordingly.

[F6 (7) In the application of this section to Northern Ireland—

(a) for subsection (1) there shall be substituted—

“(1) Where a complaint is made to a magistrates’ court against a person residing in a reciprocating country and the complaint is one on which the court would have jurisdiction by virtue of any enactment to make a maintenance order if—

(a) that person were residing in Northern Ireland, and

(b) a summons to appear before the court to answer the complaint had been duly served on him,

the court shall have jurisdiction to hear the complaint and may (subject to subsection (2) below) make a maintenance order on the complaint.”, and

(b) for subsection (4) there shall be substituted—

“(4) No enactment empowering a magistrates’ court to refuse to make an order on a complaint on the ground that any matter in question is one which would be more conveniently dealt with by the High Court of Justice in Northern Ireland shall apply in relation to a complaint to which subsection (1) above applies.”]

Textual Amendments

F3 S. 3(1) substituted (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para. 6(2); S.I. 1993/618, art.2

F4 S. 3(3) repealed (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(4), Sch. 4

F5 S. 3(4) substituted (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para. 6(3); S.I. 1993/618, art. 2

F6 S. 3(7) substituted (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para. 6(4); S.I. 1993/618, art.2

4 Power of sheriff to make provisional maintenance order against person residing in reciprocating country. U.K.

[F7 (1) In any action where the sheriff has jurisdiction by virtue of Rule 2(5) of Schedule 8 to the Civil Jurisdiction and Judgments Act 1982 and the defender resides in a reciprocating country, any maintenance order granted by the sheriff shall be a provisional order.]

(3) Where in any action in which the payment of aliment in respect of a child is claimed, being an action [F8 referred to in] subsection (1) above, the sheriff is satisfied—

(a) that there are grounds on which a maintenance order containing a provision requiring the payment of aliment in respect of that child may be made in that action, but

(b) that he has no power to make that order unless he also makes an order providing for the custody of the child,

then, for the purpose of enabling the sheriff to make the maintenance order, the pursuer shall be deemed to be a person to whom the custody of the child has been committed by a decree of the sheriff which is for the time being in force.

(4) In any action [F8 referred to in] subsection (1) above—

(a) it shall not be necessary for the pursuer to obtain a warrant for the citation of any person, and the action may commence and proceed without such citation;

(b) no decree shall be granted in favour of the pursuer unless the grounds of action have been substantiated by sufficient evidence, and section 36(3) of the M1 Sheriff Courts (Scotland) Act 1971 shall not apply in relation to any such action which is a summary cause.

(5) No enactment empowering the sheriff to remit an action to the Court of Session shall apply in relation to proceedings [F8 referred to in] subsection (1) above.

(6) Section 3(5) and (6) of this Act shall apply for the purposes of this section as they apply for the purposes of that section, with the substitution, for references to a magistrates’ court, of references to the sheriff.

Textual Amendments

F7 S. 4(1) substituted for subsections (1) and (2) by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 23(2), 52, Sch. 12 Pt. II para. 3(1)

F8 Words substituted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 23(2), 52, Sch. 12 Pt. II para. 3(2)

Marginal Citations

M1 1971 c. 58.

5 Variation and revocation of maintenance order made in United Kingdom. U.K.

(1) This section applies to a maintenance order a certified copy of which has been sent to a reciprocating country in pursuance of section 2 of this Act and to a maintenance order made by virtue of section 3 or 4 thereof which has been confirmed by a competent court in such a country.

(2) A court in the United Kingdom having power to vary a maintenance order to which this section applies shall have power to vary that order by a provisional order.

(3) Where the court hearing an application for the variation of a maintenance order to which this section applies proposes to vary it by increasing the rate of the payments under the order then, unless either—

(a) both the payer and the payee under the order appear in the proceedings, or

(b) the applicant appears and the appropriate process has been duly served on the other party,

the order varying the order shall be a provisional order.

[F9 (3A) Where subsection (1) of section 60 of the Magistrates’ Courts Act 1980 (revocation, variation etc. of orders for periodical payment) applies in relation to a maintenance order to which this section applies, that subsection shall have effect as if for the words “by order on complaint,” there were substituted “on an application being made, by order”.]

(4) Where a court in the United Kingdom makes a provisional order varying a maintenance order to which this section applies, the prescribed officer of the court shall send in the prescribed manner to the court in a reciprocating country having power to confirm the provisional order a certified copy of the provisional order together with a document, authenticated in the prescribed manner, setting out or summarising the evidence given in the proceedings.

(5) Where a certified copy of a provisional order made by a court in a reciprocating country, being an order varying or revoking a maintenance order to which this section applies, together with a document, duly authenticated, setting out or summarising the evidence given in the proceedings in which the provisional order was made, is received by the court in the United Kingdom which made the maintenance order, that court may confirm or refuse to confirm the provisional order and, if that order is an order varying the maintenance order, confirm it either without alteration or with such alterations as it thinks reasonable.

(6) For the purpose of determining whether a provisional order should be confirmed under subsection (5) above, the court shall proceed as if an application for the variation or revocation, as the case may be, of the maintenance order in question had been made to it.

(7) Where a maintenance order to which this section applies has been varied by an order (including a provisional order which has been confirmed) made by a court in the United Kingdom or by a competent court in a reciprocating country, the maintenance order shall, as from [F10 the date on which under the provisions of the order the variation is to take effect], have effect as varied by that order and, where that order was a provisional order, as if that order had been made in the form in which it was confirmed and as if it had never been a provisional order.

(8) Where a maintenance order to which this section applies has been revoked by an order made by a court in the United Kingdom or by a competent court in a reciprocating country, including a provisional order made by the last-mentioned court which has been confirmed by a court in the United Kingdom, the maintenance order shall, as from [F11 the date on which under the provisions of the order the revocation is to take effect], be deemed to have ceased to have effect except as respects any arrears due under the maintenance order at that date.

(9) Where before a maintenance order made by virtue of section 3 or 4 of this Act is confirmed a document, duly authenticated, setting out or summarising evidence taken in a reciprocating country for the purpose of proceedings relating to the confirmation of the order is received by the court in the United Kingdom which made the order, or that court, in compliance with a request made to it by a court in such a country, takes the evidence of a person residing in the United Kingdom for the purpose of such proceedings, the court in the United Kingdom which made the order shall consider that evidence and if, having done so, it appears to it that the order ought not to have been made—

(a) it shall, in such manner as may be prescribed, give to the person on whose application the maintenance order was made an opportunity to consider that evidence, to make representations with respect to it and to adduce further evidence; and

(b) after considering all the evidence and any representations made by that person, it may revoke the maintenance order.

(10) In the application of this section to Scotland—

(a) for subsection (3) there shall be substituted the following subsections:—

“(3) Where the payer under a maintenance order to which this section applies is for the time being residing in a reciprocating country, the court shall not, on an application made by the payee under the order for the variation of the order, vary the order by increasing the rate of the payments thereunder otherwise than by a provisional order.

(3A) It shall not be necessary for the payee under a maintenance order to which this section applies to intimate to any person the making by him of an application for a provisional order varying the said maintenance order by increasing the rate of the payments thereunder;”

(b) for subsection (6) there shall be substituted the following subsection:—

“(6) Where a certified copy of a provisional order varying or revoking a maintenance order to which this section applies is received by a court as mentioned in subsection (5) above, the prescribed officer of that court shall intimate to the payee under the maintenance order, in the prescribed manner, that the provisional order has been received as aforesaid and that, unless the payee enters appearance within the prescribed period, the court will confirm the provisional order under this section.”

Textual Amendments

F9 S. 5(3A) inserted (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para.7; S.I. 1993/618, art. 2

F10 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 54(a), 89

F11 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 54(b), 89

Orders made by courts in reciprocating countries U.K.

6 Registration in United Kingdom court of maintenance order made in reciprocating country. U.K.

(1) This section applies to a maintenance order made, whether before or after the commencement of this Part of this Act, by a court in a reciprocating country, including such an order made by such a court which has been confirmed by a court in another reciprocating country but excluding a provisional order which has not been confirmed.

(2) Where a certified copy of an order to which this section applies is received by the Secretary of State from the responsible authority in a reciprocating country, and it appears to the Secretary of State that the payer under the order is residing [F12 or has assets] in the United Kingdom, he shall send the copy of the order to the prescribed officer of the appropriate court.

(3) Where the prescribed officer of the appropriate court receives from the Secretary of State a certified copy of an order to which this section applies, he shall, subject to subsection (4) below, register the order in the prescribed manner in that court.

(4) Before registering an order under this section an officer of a court shall take such steps as he thinks fit for the purpose of ascertaining whether the payer under the order is residing [F13 or has assets] within the jurisdiction of the court, and if after taking those steps he is satisfied that the payer is not [F14 residing and has no assets within the jurisdiction of the court] he shall return the certified copy of the order to the Secretary of State with a statement giving such information as he possesses as to the whereabouts of the payer [F15 and the nature and location of his assets].

Textual Amendments

F12 Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 10(a)

F13 Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 10(b)(i)

F14 Words substituted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 10(b)(ii)

F15 Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 10(b)(iii)

7 Confirmation by United Kingdom court of provisional maintenance order made in reciprocating country. U.K.

(1) This section applies to a maintenance order made, whether before or after the commencement of this Part of this Act, by a court in a reciprocating country being a provisional order.

(2) Where a certified copy of an order to which this section applies together with—

(a) a document, duly authenticated, setting out or summarising the evidence given in the proceedings in which the order was made; and

(b) a statement of the grounds on which the making of the order might have been opposed by the payer under the order,

is received by the Secretary of State from the responsible authority in a reciprocating country, and it appears to the Secretary of State that the payer under the order is residing in the United Kingdom, he shall send the copy of the order and documents which accompanied it to the prescribed officer of the appropriate court, and that court shall—

(i) if the payer under the order establishes [F16 any grounds on which he might have opposed the making of the order] in the proceedings in which the order was made, refuse to confirm the order; and

(ii) in any other case, confirm the order either without alteration or with such alterations as it thinks reasonable.

(3) In any proceedings for the confirmation under this section of a provisional order, the statement received from the court which made the order of the grounds on which the making of the order might have been opposed by the payer under the order shall be conclusive evidence that the payer might have [F17 opposed the making of the order on any of those grounds.].

(4) For the purpose of determining whether a provisional order should be confirmed under this section [F18 a magistrates’ court in Northern Ireland] shall proceed as if an application for a maintenance order against the payer under the provisional order had been made to it.

(5) The prescribed officer of a court having power under this section to confirm a provisional order shall, if the court confirms the order, register the order in the prescribed manner in that court, and shall, if the court refuses to confirm the order, return the certified copy of the order and the documents which accompanied it to the Secretary of State.

[F19 (5A) Where a magistrates’ court in England and Wales confirms a provisional order under this section, it shall at the same time exercise one of its powers under subsection (5B) below.

(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 in England and Wales;

(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 in England and Wales, by such method of payment falling within section 59(6) of the Magistrates’ Courts Act 1980 (standing order, etc.) as may be specified;

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

(5C) In deciding which of the powers under subsection (5B) above it is to exercise, the court shall have regard to any representations made by the payer 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) 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 7(5B) of the Maintenance Orders (Reciprocal Enforcement ) Act 1972, and”.]

(6) If [F20 notice of] the proceedings for the confirmation of the provisional order cannot be duly served on the payer under that order the officer by whom the certified copy of the order was received shall return that copy and the documents which accompanied it to the Secretary of State with a statement giving such information as he possesses as to the whereabouts of the payer.

(7) This section shall apply to Scotland subject to the following modifications:—

(a) for subsection (4) there shall be substituted the following subsection:—

“(4) On receiving a certified copy of a provisional order sent to him in pursuance of subsection (2) above the prescribed officer of the appropriate court shall intimate to the payer under the order, in the prescribed manner, that the order has been received as aforesaid and that, unless the payer enters appearance within the prescribed period, the court will confirm the order under this section.”;

(b) in subsection (6), for the words from the beginning to “that order” there shall be substituted the words “ If such intimation as is mentioned in subsection (4) above cannot be given to the payer under a provisional order in pursuance of that subsection”; and

(c) in any proceedings for the confirmation under this section of a provisional order made by a court in a reciprocating country, the sheriff shall apply the law in force in that country with respect to the sufficiency of evidence.

[F21 (8) In the application of this section to Northern Ireland—

(a) in subsection (2)(i), for the words from “any grounds” to “making of the order” there shall be substituted “any such defence as he might have raised”,

(b) in subsection (3), for the words from “opposed the making” to the end there shall be substituted “raised a defence on any of those grounds in the proceedings in which the order was made.”, and

(c) in subsection (6), for the words “notice of” there shall be substituted “a summons to appear in”.]

Textual Amendments

F16 Words in s. 7(2)(i) substituted (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para. 8(2); S.I. 1993/618, art.2

F17 Words in s. 7(3) substituted (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para. 8(3); S.I. 1993/618, art.2

F18 Words in s. 7(4) substituted (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para. 8(4); S.I. 1993/618, art.2

F19 S. 7(5A)-(5D) inserted (E.W.)(1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 10, Sch. 1 para. 12, S.I. 1992/455, art. 2

F20 Words in s. 7(6) substituted (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para. 8(5); S.I. 1993/618, art. 2

F21 S. 7(8) added (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para. 8(6); S.I. 1993/618, art.2

8 Enforcement of maintenance order registered in United Kingdom court. E+W

(1) Subject to subsection (2) below, a registered order may be enforced in the United Kingdom as if it had been made by the registering court and as if that court had had jurisdiction to make it; and proceedings for or with respect to the enforcement of any such order may be taken accordingly.

(2) Subsection (1) above does not apply to an order which is for the time being registered in the High Court under Part I of the M2 Maintenance Orders Act 1958 or to an order which is for the time being registered in the High Court of Justice in Northern Ireland under Part II of the M3 Maintenance and Affiliation Orders Act (Northern Ireland) 1966.

(3) Any person for the time being under an obligation to make payments in pursuance of a registered order shall give notice of any change of address to the clerk of the registering court, and any person failing without reasonable excuse to give such a notice shall be liable on summary conviction to a fine not exceeding [F22 £50].

[F23 (4) An order which by virtue of this section is enforceable by a magistrates’ court shall [F24 subject to the modifications of sections 76 and 93 of the Magistrates’ Courts Act 1980 specified in subsections (4A) and (4B) below]be enforceable as if it were a magistrates’ court maintenance order made by that court.

In this subsection “magistrates’ court maintenance order” has the same meaning as in section 150(1) of the Magistrates’ Courts Act M4 1980.]

[F25 (4A) Section 76 (enforcement of sums adjudged to be paid) shall have effect as if for subsections (4) to (6) there were substituted the following subsections—

“(4) Where proceedings are brought for the enforcement of a magistrates’ court maintenance order under this section, the court may vary the order by exercising one of its powers under subsection (5) below.

(5) 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) above (standing order, etc.) as may be specified;

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

(6) In deciding which of the powers under subsection (5) above it is to exercise, the court shall have regard to any representations made by the debtor (within the meaning of section 59 above).

(7) Subsection (4) of section 59 above (power of court to require debtor to open account) shall apply for the purposes of subsection (5) 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 76(5) below, and”.”

(4B) In section 93 (complaint for arrears), subsection (6) (court not to impose imprisonment in certain circumstances) shall have effect as if for paragraph (b) there were substituted—

“(b) if the court is of the opinion that it is appropriate—

(i) to make an attachment of earnings order; or

(ii) to exercise its power under paragraph (b) of section 76(5) above”.]

(5) The magistrates’ court by which an order is enforceable by virtue of this section, and the officers thereof, shall take all such steps for enforcing [F26 or facilitating the enforcement of] the order as may be prescribed.

(6) In any proceedings for or with respect to the enforcement of an order which is for the time being registered in any court under this Part of this Act a certificate of arrears sent to the prescribed officer of the court shall be evidence of the facts stated therein.

(7) Subject to subsection (8) below, sums of money payable under a registered order shall be payable in accordance with the order as from [F27 the date on which they are required to be paid under the provisions of the order].

(8) The court having power under section 7 of this Act to confirm a provisional order may, if it decides to confirm the order, direct that the sums of money payable under it shall be deemed to have been payable in accordance with the order as from [F28 the date on which they are required to be paid under the provisions of the order or such later date], as it may specify; and subject to any such direction, a maintenance order registered under the said section 7 shall be treated as if it had been made in the form in which it was confirmed and as if it had never been a provisional order.

(9) In the application of this section to Scotland—

(a) subsections (2) to (5) shall be omitted; and

(b) in subsection (6), for the word “evidence” there shall be substituted the words “sufficient evidence”.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

Extent Information

E1 S. 8: This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only.

Textual Amendments

F22 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 33

F23 S. 8(4) substituted (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 45

F24 Words in s. 8(4) inserted (E.W.) (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 10, Sch. 1 para. 13(1), S.I. 1992/455, art.2

F25 S. 8(4A)(4B) inserted (E.W.) (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF: 49:3), s. 10, Sch. 1 para. 13(2), S.I. 1992/455, art.2

F26 Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 11

F27 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 54(c), 89

F28 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 54(d), 89

F29 S. 8(10) repealed by S.I. 1981/1675 (N.I. 26), Sch. 7

Marginal Citations

M2 1958 c. 39.

M3 1966 c. 35(N.I.)

M4 1980 c.43 (82).

8 Enforcement of maintenance order registered in United Kingdom court. S+N.I.

(1) Subject to subsection (2) below, a registered order may be enforced in the United Kingdom as if it had been made by the registering court and as if that court had had jurisdiction to make it; and proceedings for or with respect to the enforcement of any such order may be taken accordingly.

(2) Subsection (1) above does not apply to an order which is for the time being registered in the High Court under Part I of the M57 Maintenance Orders Act 1958 or to an order which is for the time being registered in the High Court of Justice in Northern Ireland under Part II of the M58 Maintenance and Affiliation Orders Act (Northern Ireland) 1966.

(3) Any person for the time being under an obligation to make payments in pursuance of a registered order shall give notice of any change of address to the clerk of the registering court, and any person failing without reasonable excuse to give such a notice shall be liable on summary conviction to a fine not exceeding [F166 £50].

(4) An order which by virtue of this section is enforceable by a magistrates’ court shall be enforceable as if it were an affiliation order made by that court; and the provisions of any enactment with respect to the enforcement of affiliation orders (including enactments relating to the accrual of arrears and the remission of sums due) shall apply accordingly.

In this subsection “enactment” includes any order, rule or regulation made in pursuance of any Act.

(5) The magistrates’ court by which an order is enforceable by virtue of this section, and the officers thereof, shall take all such steps for enforcing [F167 or facilitating the enforcement of] the order as may be prescribed.

(6) In any proceedings for or with respect to the enforcement of an order which is for the time being registered in any court under this Part of this Act a certificate of arrears sent to the prescribed officer of the court shall be evidence of the facts stated therein.

(7) Subject to subsection (8) below, sums of money payable under a registered order shall be payable in accordance with the order as from [F168 the date on which they are required to be paid under the provisions of the order].

(8) The court having power under section 7 of this Act to confirm a provisional order may, if it decides to confirm the order, direct that the sums of money payable under it shall be deemed to have been payable in accordance with the order as from [F169 the date on which they are required to be paid under the provisions of the order or such later date], as it may specify; and subject to any such direction, a maintenance order registered under the said section 7 shall be treated as if it had been made in the form in which it was confirmed and as if it had never been a provisional order.

(9) In the application of this section to Scotland—

(a) subsections (2) to (5) shall be omitted; and

(b) in subsection (6), for the word “evidence” there shall be substituted the words “sufficient evidence”.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F170

Extent Information

E3 S. 8: This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only

Textual Amendments

F166 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 33

F167 Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 11

F168 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 54(c), 89

F169 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 54(d), 89

F170 S. 8(10) repealed by S.I. 1981/1675 (N.I. 26), Sch. 7

Marginal Citations

M57 1958 c. 39.

M58 1966 c. 35(N.I.)

9 Variation and revocation of maintenance order registered in United Kingdom court. U.K.

(1) Subject to the provisions of this section, the registering court—

(a) shall have the like power, on an application made by the payer or payee under a registered order, to vary or revoke the order as if it had been made by the registering court and as if that court had had jurisdiction to make it; and

(b) shall have power to vary or revoke a registered order by a provisional order.

[F30 (1A) The powers conferred by subsection (1) above are not exercisable in relation to so much of a registered order as provides for the payment of a lump sum.]

[F31 (1B) The registering court shall not vary or revoke a registered order if neither the payer nor the payee under the order is resident in the United Kingdom.]

[F32 (1ZA) Where the registering court is a magistrates’ court in England and Wales, section 60 of theMagistrates’ Courts Act 1980 (revocation, variation etc. of orders for periodical payment) shall have effect in relation to the registered order—

[F33 (za) as if in subsection (1) for the words “by order on complaint,” there were substituted “on an application being made, by order”;]]

(a) as if in subsection (3) for the words “paragraphs (a) to (d) of section 59(3) above” there were substituted “subsection (3A) below” and after that subsection there were inserted—

“(3A) 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) above (standing order, etc.) as may be specified;

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

(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 subsection (3A) above”;

(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 “subsection (3A) above”;

(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 subsection (3A) above 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 subsection (3A) 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 60(3A) below, and””

(2) The registering court shall not vary a registered order otherwise than by a provisional order unless—

(a) both the payer and the payee under the registered order are for the time being residing in the United Kingdom; or

(b) the application is made by the payee under the registered order; or

(c) the variation consists of a reduction in the rate of the payments under the registered order and is made solely on the ground that there has been a change in the financial circumstances of the payer since the registered order was made or, in the case of an order registered under section 7 of this Act, since the registered order was confirmed, and the courts in the reciprocating country in which the maintenance order in question was made do not have power, according to the law in force in that country, to confirm provisional orders varying maintenance orders.

(3) The registering court shall not revoke a registered order otherwise than by a provisional order unless both the payer and the payee under the registered order are for the time being residing in the United Kingdom.

(4) On an application for the revocation of a registered order the registering court shall, unless both the payer and the payee under the registered order are for the time being residing in the United Kingdom, apply the law applied by the reciprocating country in which the registered order was made; but where by virtue of this subsection the registering court is required to apply that law, that court may make a provisional order if it has reason to believe that the ground on which the application is made is a ground on which the order could be revoked according to the law applied by the reciprocating country, notwithstanding that it has not been established that it is such a ground.

(5) Where the registering court makes a provisional order varying or revoking a registered order the prescribed officer of the court shall send in the prescribed manner to the court in the reciprocating country which made the registered order a certified copy of the provisional order together with a document, authenticated in the prescribed manner, setting out or summarising the evidence given in the proceedings.

(6) Where a certified copy of a provisional order made by a court in a reciprocating country, being an order varying a registered order, together with a document, duly authenticated, setting out or summarising the evidence given in the proceedings in which the provisional order was made, is received by the registering court, that court may confirm the order either without alteration or with such alterations as it thinks reasonable or refuse to confirm the order.

(7) For the purpose of determining whether a provisional order should be confirmed under subsection (6) above the court shall proceed as if an application for the variation of the registered order had been made to it.

(8) Where a registered order has been varied by an order (including a provisional order which has been confirmed) made by a court in the United Kingdom or by a competent court in a reciprocating country, the registered order shall, as from [F34 the date on which under the provisions of the order the variation is to take effect], have effect as varied by that order and, where that order was a provisional order, as if that order had been made in the form in which it was confirmed and as if it had never been a provisional order.

(9) Where a registered order has been revoked by an order made by a court in the United Kingdom or by a competent court in a reciprocating country, including a provisional order made by the first-mentioned court which has been confirmed by a competent court in a reciprocating country, the registered order shall, as from [F35 the date on which under the provisions of the order the revocation is to take effect], be deemed to have ceased to have effect except as respects any arrears due under the registered order at that date.

(10) The prescribed officer of the registering court shall register in the prescribed manner any order varying a registered order other than a provisional order which is not confirmed.

(11) In the application of this section to Scotland—

(a) after subsection (4) there shall be inserted the following subsection:—

“(4A) It shall not be necessary for the payer under a registered order to intimate to any person the making by him of an application for a provisional order varying or revoking the registered order.”; and

(b) for subsection (7) there shall be substituted the following subsection:—

“(7) Where a certified copy of a provisional order varying a registered order is received by the registering court as mentioned in subsection (6) above, the prescribed officer of that court shall intimate to the payer under the registered order, in the prescribed manner, that the provisional order has been received as aforesaid and that, unless the payer enters appearance within the prescribed period, the court will confirm the provisional order under this section.”

Textual Amendments

F30 S. 9(1A) inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 23(1)(c), 37(1), 52, Sch. 11 Pt. I para. 4(1)

F31 S. 9(1B) inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 23(1)(c), 37(1), 52, Sch. 11 Pt. III para. 12

F32 S. 9(1ZA) inserted (E.W.)(1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 10, Sch. 1 para. 14, S.I. 1992/455, art. 2

F33 S. 9(1ZA)(za) inserted (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para.9; S.I. 1993/618, art. 2

F34 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 54(e), 89

F35 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 54(f), 89

10 Cancellation of registration and transfer of order. U.K.

(1) Where—

(a) a registered order is revoked by an order made by the registering court; or

(b) a registered order is revoked by a provisional order made by that court which has been confirmed by a court in a reciprocating country and notice of the confirmation is received by the registering court; or

(c) a registered order is revoked by an order made by a court in such a country and notice of the revocation is received by the registering court,

the prescribed officer of the registering court shall cancel the registration; but any arrears due under the registered order at the date when its registration is cancelled by virtue of this subsection shall continue to be recoverable as if the registration had not been cancelled.

(2) Where the prescribed officer of the registering court is of opinion that the payer under a registered order, [F36 is not residing within the jurisdiction of that court and has no assets within that jurisdiction against which the order can be effectively enforced,] he shall cancel the registration of the order and, subject to subsection (3) below, shall send the certified copy of the order to the Secretary of State.

(3) Where the prescribed officer of the registering court, being a magistrates’ court, is of opinion that the payer is residing [F37 or has assets] within the jurisdiction of another magistrates’ court in that part of the United Kingdom in which the registering court is, he shall transfer the order to that other court by sending the certified copy of the order to the prescribed officer of that other court.

(4) On the transfer of an order under subsection (3) above the prescribed officer of the court to which it is transferred shall, subject to subsection (6) below, register the order in the prescribed manner in that court.

(5) Where the certified copy of an order is received by the Secretary of State under this section and it appears to him that the payer under the order is [F38 residing or has assets] in the United Kingdom, he shall transfer the order to the appropriate court by sending the certified copy of the order together with the related documents to the prescribed officer of the appropriate court and, subject to subsection (6) below, that officer shall register the order in the prescribed manner in that court.

(6) Before registering an order in pursuance of subsection (4) or (5) above an officer of a court shall take such steps as he thinks fit for the purpose of ascertaining whether the payer is residing [F39 or has assets] within the jurisdiction of the court, and if after taking those steps he is satisfied that the payer is not [F40 residing and has no assets within the jurisdiction of the court] he shall send the certified copy of the order to the Secretary of State.

(7) The officer of a court who is required by any of the foregoing provisions of this section to send to the Secretary of State or to the prescribed officer of another court the certified copy of an order shall send with that copy—

(a) a certificate of arrears signed by him;

(b) a statement giving such information as he possesses as to the whereabouts of the payer [F41 and the nature and location of his assets]; and

(c) any relevant documents in his possession relating to the case.

(8) In the application of this section to Scotland—

(a) in subsection (2), for the words “within the jurisdiction of that court” there shall be substituted the words “in Scotland”; and

(b) subsections (3) and (4) shall be omitted.

Textual Amendments

F36 Words substituted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 13(2)

F37 Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), Sch. 11 Pt. III para. 13(3)

F38 Words substituted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 13(4)

F39 Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 13(5)(a)

F40 By Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 13(5)(b) it is provided that for “so residing” there is inserted “residing and has no assets within the jurisdiction of the court”.

F41 Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 13(6)

Modifications etc. (not altering text)

C8 Ss. 8-21 applied (28.5.2002) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002 (S.I. 2002/788), art. 4(4)(5)

11 Steps to be taken by Secretary of State where payer under certain orders is not residing in the United Kingdom. U.K.

(1) If [F42 at any time] it appears to the Secretary of State that the payer under a maintenance order, a certified copy of which has been received by him from a reciprocating country, is not residing [F43 and has no assets in the United Kingdom,] he shall send to the responsible authority in that country or, if having regard to all the circumstances he thinks it proper to do so, to the responsible authority in another reciprocating country—

(a) the certified copy of the order in question and a certified copy of any order varying that order;

(b) if the order has at any time been a registered order, a certificate of arrears signed by the prescribed officer;

(c) a statement giving such information as the Secretary of State possesses as to the whereabouts of the payer [F44 and the nature and location of his assets]; and

(d) any other relevant documents in his possession relating to the case.

(2) Where the documents mentioned in subsection (1) above are sent to the responsible authority in a reciprocating country other than that in which the order in question was made, the Secretary of State shall inform the responsible authority in the reciprocating country in which that order was made of what he has done.

Textual Amendments

F42 Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 para. 14(a)

F43 Words substituted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 14(b)

F44 Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 14(c)

Modifications etc. (not altering text)

C9 Ss. 8-21 applied (28.5.2002) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002 (S.I. 2002/788), art. 4(4)(5)

Appeals U.K.

12 Appeals. U.K.

(1) No appeal shall lie from a provisional order made in pursuance of any provision of this Part of this Act by a court in the United Kingdom.

(2) Where in pursuance of any such provision any such court confirms or refuses to confirm a provisional order made by a court in a reciprocating country, whether a maintenance order or an order varying or revoking a maintenance order, the payer or payee under the maintenance order shall have the like right of appeal (if any) from the confirmation of, or refusal to confirm, the provisional order as he would have if that order were not a provisional order and the court which confirmed or refused to confirm it had made or, as the case may be, refused to make it.

(3) Where in pursuance of any such provision any such court makes, or refuses to make, an order varying or revoking a maintenance order made by a court in a reciprocating country, then, subject to subsection (1) above, the payer or payee under the maintenance order shall have the like right of appeal (if any) from that order or from the refusal to make it as he would have if the maintenance order had been made by the first-mentioned court.

(4) Nothing in this section (except subsection (1)) shall be construed as affecting any right of appeal conferred by any other enactment.

Modifications etc. (not altering text)

C10 Ss. 8-21 applied (28.5.2002) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002 (S.I. 2002/788), art. 4(4)(5)

C11 Ss. 5, 12-15, 17, 18, 21 applied (28.5.2002) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002 (S.I. 2002/788), art. 4(2)(3)

Evidence U.K.

13 Admissibility of evidence given in reciprocating country. U.K.

(1) A statement contained in—

(a) a document, duly authenticated, which purports to set out or summarise evidence given in proceedings in a court in a reciprocating country; or

(b) a document, duly authenticated, which purports to set out or summarise evidence taken in such a country for the purpose of proceedings in a court in the United Kingdom under this Part of this Act, whether in response to a request made by such a court or otherwise; or

(c) a document, duly authenticated, which purports to have been received in evidence in proceedings in a court in such a country or to be a copy of a document so received,

shall in any proceedings in a court in the United Kingdom relating to a maintenance order to which this Part of this Act applies be admissible as evidence of any fact stated therein to the same extent as oral evidence of that fact is admissible in those proceedings.

(2) A document purporting to set out or summarise evidence given as mentioned in subsection (1)(a) above, or taken as mentioned in subsection (1)(b) above, shall be deemed to be duly authenticated for the purposes of that subsection if the document purports to be certified by the judge, magistrate or other person before whom the evidence was given, or, as the case may be, by whom it was taken, to be the original document containing or recording, or, as the case may be, summarising, that evidence or a true copy of that document.

(3) A document purporting to have been received in evidence as mentioned in subsection (1)(c) above, or to be a copy of a document so received, shall be deemed to be duly authenticated for the purposes of that subsection if the document purports to be certified by a judge, magistrate or officer of the court in question to have been, or to be a true copy of a document which has been, so received.

(4) It shall not be necessary in any such proceedings to prove the signature or official position of the person appearing to have given such a certificate.

(5) Nothing in this section shall prejudice the admission in evidence of any document which is admissible in evidence apart from this section.

Modifications etc. (not altering text)

C12 Ss. 8-21 applied (28.5.2002) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002 (S.I. 2002/788), art. 4(4)(5)

C13 Ss. 5, 12-15, 17, 18, 21 applied (28.5.2002) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002 (S.I. 2002/788), art. 4(2)(3)

14 Obtaining of evidence needed for purpose of certain proceedings. U.K.

(1) Where for the purpose of any proceedings in a court in a reciprocating country relating to a maintenance order to which this Part of this Act applies a request is made by or on behalf of that court for the taking in the United Kingdom of the evidence of a person residing therein relating to matters specified in the request, such court in the United Kingdom as may be prescribed shall have power to take that evidence and, after giving notice of the time and place at which the evidence is to be taken to such persons and in such manner as it thinks fit, shall take the evidence in such manner as may be prescribed.

Evidence taken in compliance with such a request shall be sent in the prescribed manner by the prescribed officer of the court to the court in the reciprocating country by or on behalf of which the request was made.

(2) Where any person, not being the payer or the payee under the maintenance order to which the proceedings in question relate, is required by virtue of this section to give evidence before a court in the United Kingdom, the court may order that there shall be paid—

(a) if the court is a court in England, Wales or Scotland, out of moneys provided by Parliament; and

(b) if the court is a court in Northern Ireland, out of moneys provided by [F45 Parliament],

such sums as appear to the court reasonably sufficient to compensate that person for the expense, trouble or loss of time properly incurred in or incidental to his attendance.

(3) [F46 Section 97(1), (3) and (4) of the M5 Magistrates’ Courts Act 1980] (which provide for compelling the attendance of witnesses, etc.) shall apply in relation to a magistrates’ court having power under subsection (1) above to take the evidence of any person as if the proceedings in the court in a reciprocating country for the purpose of which a request for the taking of the evidence has been made were proceedings in the magistrates’ court and had been begun by complaint.

(4) Paragraphs 71 and 73 of Schedule 1 to the M6 Sheriff Courts (Scotland) Act 1907 (which provide for the citation of witnesses, etc.) shall apply in relation to a sheriff having power under subsection (1) above to take the evidence of any person as if the proceedings in the court in a reciprocating country for the purpose of which a request for the taking of the evidence has been made were proceedings in the sheriff court.

(5) A court in the United Kingdom may for the purpose of any proceedings in that court under this Part of this Act relating to a maintenance order to which this Part of this Act applies request a court in a reciprocating country to take or provide evidence relating to such matters as may be specified in the request and may remit the case to that court for that purpose.

(6) In the application of this section to Northern Ireland, in subsection (3), for the reference to [F46 section 97(1), (3) and (4) of the M7 Magistrates’ Courts Act 1980] there shall be substituted a reference to [F47 Articles 118(1), (3) and (4), 119 and 120 of the Magistrates’ Courts (Northern Ireland) Order 1981].

Textual Amendments

F45 Word substituted by S.I. 1973/2163, Sch. 5 para. 22.

F46 Words substituted by Magistrates' Courts Act 1980 (c. 43), s. 154, Sch. 7 para. 105

F47 Words substituted by S.I. 1981/1675 (N.I. 26), Sch. 6 Pt. I para. 21

Modifications etc. (not altering text)

C14 Ss. 8-21 applied (28.5.2002) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002 (S.I. 2002/788), art. 4(4)(5)

C15 Ss. 5, 12-15, 17, 18, 21 applied (28.5.2002) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002 (S.I. 2002/788), art. 4(2)(3)

Marginal Citations

M5 1980 c. 43.

M6 1907 c. 51.

M7 1980 c. 43.

15 Order, etc. made abroad need not be proved. U.K.

For the purposes of this Part of this Act, unless the contrary is shown—

(a) any order made by a court in a reciprocating country purporting to bear the seal of that court or to be signed by any person in his capacity as a judge, magistrate or officer of the court, shall be deemed without further proof to have been duly sealed or, as the case may be, to have been signed by that person;

(b) the person by whom the order was signed shall be deemed without further proof to have been a judge, magistrate or officer, as the case may be, of that court when he signed it and, in the case of an officer, to have been authorised to sign it; and

(c) a document purporting to be a certified copy of an order made by a court in a reciprocating country shall be deemed without further proof to be such a copy.

Modifications etc. (not altering text)

C16 Ss. 8-21 applied (28.5.2002) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002 (S.I. 2002/788), art. 4(4)(5)

C17 Ss. 5, 12-15, 17, 18, 21 applied (28.5.2002) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002 (S.I. 2002/788), art. 4(2)(3)

Supplemental U.K.

16 Payment of sums under orders made abroad: conversion of currency. U.K.

(1) Payment of sums due under a registered order shall, while the order is registered in a court in England, Wales or Northern Ireland, be made in such manner and to such person as may be prescribed.

(2) Where the sums required to be paid under a registered order are expressed in a currency other than the currency of the United Kingdom, then, as from the relevant date, the order shall be treated as if it were an order requiring the payment of such sums in the currency of the United Kingdom as, on the basis of the rate of exchange prevailing at that date, are equivalent to the sums so required to be paid.

(3) Where the sum specified in any statement, being a statement of the amount of any arrears due under a maintenance order made by a court in a reciprocating country, is expressed in a currency other than the currency of the United Kingdom, that sum shall be deemed to be such sum in the currency of the United Kingdom as, on the basis of the rate of exchange prevailing at the relevant date, is equivalent to the sum so specified.

(4) For the purposes of this section a written certificate purporting to be signed by an officer of any bank in the United Kingdom certifying that a specified rate of exchange prevailed between currencies at a specified date and that at such rate a specified sum in the currency of the United Kingdom is equivalent to a specified sum in another specified currency shall be evidence of the rate of exchange so prevailing on that date and of the equivalent sums in terms of the respective currencies.

(5) In this section “the relevant date” means—

(a) in relation to a registered order or to a statement of arrears due under a maintenance order made by a court in a reciprocating country, the date on which the order first becomes a registered order (if earlier) the date on which it is confirmed by a court in the United Kingdom;

(b) in relation to a registered order which has been varied, the date on which the last order varying that order is registered in a court in the United Kingdom or (if earlier) the date on which the last order varying that order is confirmed by such a court.

(6) In the application of this section to Scotland:—

(a) subsection (1) shall not apply;

(b) in subsection (4), for the word “evidence” there shall be substituted the words “sufficient evidence”.

Modifications etc. (not altering text)

C18 Ss. 8-21 applied (28.5.2002) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002 (S.I. 2002/788), art. 4(4)(5)

17 Proceedings in magistrates’ courts. U.K.

(1)—(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

(4) Anything authorised or required by this Part of this Act to be done by, to or before the magistrates’ court by, to or before which any other thing was done may be done by, to or before any magistrates’ court acting for the same petty sessions area (or, in Northern Ireland, petty sessions district) as that court.

(5) Any application which by virtue of a provision of this Part of this Act is made to a magistrates’ court [F49 in Northern Ireland] shall be made by complaint.

[F50 (5A) Where the respondent to an application for the variation or revocation of—

(a) a maintenance order made by a magistrates’ court in England and Wales, being an order to which section 5 of this Act applies; or

(b) a registered order which is registered in such a court,

is residing in a reciprocating country, a magistrates’ court in England and Wales shall have jurisdiction to hear the application (where it would not have such jurisdiction apart from this subsection) if it would have had jurisdiction to hear it had the respondent been residing in England and Wales.]

(6) A magistrates’ court in Northern Ireland shall have jurisdiction to hear a complaint for the variation or revocation—

(a) of a maintenance order made by such a court, being an order to which section 5 of this Act applies; or

(b) of a registered order which is registered in that court,

if the defendant to the complaint is residing in a reciprocating country and the court would have jurisdiction to hear the complaint had the defendant been residing in Northern Ireland.

(7) Where the [F51 respondent] to [F52 an application] for the variation or revocation—

(a) of a maintenance order made by a magistrates’ court, being an order to which section 5 of this Act applies; or

(b) of a registered order registered in a magistrates’ court,

does not appear at the time and place appointed for the hearing of [F52 the application], but the court is satisfied that the [F51 respondent] is residing in a reciprocating country, the court may proceed to hear and determine [F52 the application] at the time and place appointed for the hearing or for any adjourned hearing in like manner as if the [F51 respondent] had appeared at that time and place.

[F53 (7A) In the application of this section to Northern Ireland, in subsection (7)—

(a) for the word “respondent”, in each place where it occurs, there shall be substituted “defendant”; and

(b) for the words “an application” and “the application”, in each place where they occur, there shall be substituted “a complaint” and “the complaint” respectively.]

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54

Textual Amendments

F48 S. 17(1)–(3) repealed by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 3

F49 Words in s. 17(5) inserted (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para. 10(2); S.I. 1993/618, art. 2

F50 S. 17(5A) inserted (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para. 10(3); S.I. 1993/618, art. 2

F51 Words in s. 17(7) substituted (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para. 10(4)(a); S.I. 1993/618, art.2

F52 Words in s. 17(7) substituted (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para. 10(4)(b); S.I. 1993/618, art. 2

F53 S. 17(7A) added (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para. 10(5); S.I. 1993/618, art.2

F54 S. 17(8) repealed by S.I. 1981/1675 (N.I. 26), Sch. 7

18 Magistrates’ courts rules. U.K.

(1) Without prejudice to the generality of the power to make rules under [F55 section 144 of the M8 Magistrates’ Courts Act 1980] (magistrates’ courts rules), provision may be made by such rules with respect to any of the following matters, namely—

(a) the circumstances in which anything authorised or required by this Part of this Act to be done by, to or before a magistrates’ court acting for a particular petty sessions area or by, to or before an officer of that court may be done by, to or before a magistrates’ court acting for such other petty sessions area as the rules may provide or by, to or before an officer of that court;

(b) the orders made, or other things done, by a magistrates’ court, or an officer of such a court, under this Part of this Act, or by a court in a reciprocating country, notice of which is to be given to such persons as the rules may provide and the manner in which such notice shall be given;

(c) the cases and manner in which courts in reciprocating countries are to be informed of orders made, or other things done, by a magistrates’ court under this Part of this Act;

(d) the cases and manner in which a justices’ clerk may take evidence needed for the purpose of proceedings in a court in a reciprocating country relating to a maintenance order to which this Part of this Act applies;

(e) the circumstances and manner in which cases may be remitted by magistrates’ courts to courts in reciprocating countries;

(f) the circumstances and manner in which magistrates’ courts may for the purposes of this Part of this Act communicate with courts in reciprocating countries.

[F56 (1A) For the purpose of giving effect to this Part of this Act, rules made under section 144 of the Magistrates’ Courts Act 1980 may make, in relation to any proceedings brought under or by virtue of this Part of this Act, any provision not covered by subsection (1) above which—

(a) falls within subsection (2) of section 93 of the Children Act 1989, and

(b) may be made in relation to relevant proceedings under that section.]

(2) Rules with respect to the matters mentioned in subsection (1) above may be made in accordance with [F57 Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981] in relation to proceedings or matters in magistrates’ courts in Northern Ireland under this Part of this Act.

Textual Amendments

F55 Words substituted by Magistrates' Courts Act 1980 (c. 43), s. 154, Sch. 7 para. 106

F56 S. 18(1A) inserted (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para.11; S.I. 1993/618, art.2

F57 Words substituted by S.I. 1981/1675 (N.I. 26), Sch. 6 Pt. I para. 22

Marginal Citations

M8 1980 c. 43.

19 Rules for sheriff court. U.K.

Without prejudice to the generality of the powers conferred on the Court of Session by section 32 of the M9 Sheriff Courts (Scotland) Act 1971 to regulate by act of sederunt the procedure of the sheriff court, the said powers shall include power—

(a) to prescribe the cases and manner in which courts in by the sheriff, or an officer of the sheriff court, under this Part of this Act, or by a court in a reciprocating country, notice of which is to be given to such persons as the act of sederunt may provide and the manner in which such notice shall be given;

(b) to provide that evidence needed for the purpose of proceedings in a court in a reciprocating country relating to a maintenance order to which this Part of this Act applies may, in such cases and manner as the act of sederunt may provide, be taken by a sheriff clerk or sheriff clerk depute;

(c) to prescribe the cases and manner in which courts in reciprocating countries are to be informed of decrees granted, or other things done, by the sheriff under this Part of this Act;

(d) to prescribe the circumstances and manner in which cases may be remitted by the sheriff to courts in reciprocating countries;

(e) to prescribe the circumstances and manner in which the sheriff may for the purposes of this Part of this Act communicate with courts in reciprocating countries.

Modifications etc. (not altering text)

C19 Ss. 8-21 applied (28.5.2002) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002 (S.I. 2002/788), art. 4(4)(5)

Marginal Citations

M9 1971 c. 58.

20 Restriction on enforcement of arrears under maintenance order registered in Scotland. U.K.

Where a maintenance order is for the time being registered in the sheriff court under this Part of this Act, a person shall not be entitled, except with the leave of the sheriff, to enforce, whether by diligence or otherwise, the payment of any arrears due under the order, if either—

(a) the sheriff has made a provisional order under section 9 of this Act revoking the said maintenance order and the arrears accrued after the making of the said provisional order, or

(b) the arrears accrued before the commencement of this Part of this Act;

and on any application for leave to enforce the payment of any such arrears, the sheriff may refuse leave, or may grant leave subject to such restrictions and conditions (including conditions as to the allowing of time for payment or the making of payment by instalments) as he thinks appropriate, or may remit the payment of such arrears or of any part thereof.

Modifications etc. (not altering text)

C20 Ss. 8-21 applied (28.5.2002) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002 (S.I. 2002/788), art. 4(4)(5)

21 Interpretation of Part I. U.K.

(1) In this Part of this Act—

• “affiliation order” means an order (however described) adjudging, finding or declaring a person to be the father of a child, whether or not it also provides for the maintenance of the child;

• “the appropriate court” in relation to a person residing [F58 or having assets] in England and Wales or in Northern Ireland means a magistrates’ court, and in relation to a person residing [F58 or having assets] in Scotland means [F59 a sheriff court], within the jurisdiction of which that person is residing [F60 or has assets];

• “certificate of arrears”, in relation to a maintenance order, means a certificate certifying that the sum specified in the certificate is to the best of the information or belief of the officer giving the certificate the amount of the arrears due under the order at the date of the certificate or, as the case may be, that to the best of his information or belief there are no arrears due thereunder at that date;

• “certified copy”, in relation to an order of a court, means a copy of the order certified by the proper officer of the court to be a true copy;

• “court” includes any tribunal or person having power to make, confirm, enforce, vary or revoke a maintenance order;

• . . . F61

• “maintenance order” means an order (however described) of any of the following descriptions, that is to say—

(a) an order (including an affiliation order or order consequent upon an affiliation order) which provides for the [F62 payment of a lump sum or the making of periodical payments] towards the maintenance of any person, being a person whom the person liable to make payments under the order is, according to the law applied in the place where the order was made, liable to maintain;

[F63 (aa) an order which has been made in Scotland, on or after the granting of a decree of divorce, for the payment of a periodical allowance by one party to the marriage to the other party;] and

(b) an affiliation order or order consequent upon an affiliation order, being an order which provides for the payment by a person adjudged, found or declared to be a child’s father of expenses incidental to the child’s birth or, where the child has died, of his funeral expenses,

and, in the case of a maintenance order which has been varied, means that order as varied;

• “order”, as respects Scotland, includes any interlocutor, and any decree or provision contained in an interlocutor;

• “payee”, in relation to a maintenance order, means the person entitled to the payments for which the order provides;

• “payer”, in relation to a maintenance order, means the person liable to make payments under the order;

• “prescribed”, in relation to a magistrates’ court in England and Wales or in Northern Ireland, means prescribed by rules made under [F64 section 144 of the M10 Magistrates’ Courts Act 1980] or by rules made in accordance with [F65 Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981], as the case may be, and in relation to any other court means prescribed by rules of court;

• “provisional order” means (according to the context)—

(a) an order made by a court in the United Kingdom which is provisional only and has no effect unless and until confirmed, with or without alteration, by a competent court in a reciprocating country; or

(b) an order made by a court in a reciprocating country which is provisional only and has no effect unless and until confirmed, with or without alteration, by a court in the United Kingdom having power under this Part of this Act to confirm it;

• “reciprocating country” has the meaning assigned to it by section 1 of this Act;

• “registered order” means a maintenance order which is for the time being registered in a court in the United Kingdom under this Part of this Act;

• “registering court”, in relation to a registered order, means the court in which that order is for the time being registered under this Part of this Act;

• “the responsible authority”, in relation to a reciprocating country, means any person who in that country has functions similar to those of the Secretary of State under this Part of this Act.

• [F66 “revoke” and “revocation” include discharge.]

(2) For the purposes of this Part of this Act an order shall be taken to be a maintenance order so far (but only so far) as it relates to the [F67 payment of a lump sum or the making of periodical payments] as mentioned in paragraph (a) of the definition of “maintenance order” in subsection (1) above [F68 , to the payment of a periodical allowance as mentioned in paragraph (aa) of that definition], or to the payment by a person adjudged, found or declared to be a child’s father of any such expenses as are mentioned in paragraph (b) of that definition.

(3) Any reference in this Part of this Act to the payment of money for the maintenance of a child shall be construed as including a reference to the payment of money for the child’s education.

Textual Amendments

F58 Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 15(i)

F59 Words substituted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 15(ii)

F60 Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 15(iii)

F61 Definition repealed by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss.55(a)(i), 89

F62 Words substituted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. I para. 4(2)(a)

F63 Para. (aa) inserted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 55(a)(ii), 89

F64 Words substituted by Magistrates' Courts Act 1980 (c. 43), s. 154, Sch. 7 para. 107

F65 Words substituted by S.I. 1981/1675 (N.I. 26), Sch. 6 Pt. I para. 23

F66 Words in s. 21(1) added (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para.12; S.I. 1993/618, art.2

F67 Words substituted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. I para. 4(2)(b)

F68 Words inserted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 55(b), 89

Modifications etc. (not altering text)

C21 Ss. 8-21 applied (28.5.2002) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002 (S.I. 2002/788), art. 4(4)(5)

C22 Ss. 5, 12-15, 17, 18, 21 applied (28.5.2002) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002 (S.I. 2002/788), art. 4(2)(3)

Marginal Citations

M10 1980 c. 22.

Amendments, repeals and transitional provisions U.K.

22 Amendments and repeals. X1 U.K.

(1) The enactments mentioned in the Schedule to this Act shall have effect subject to the minor and consequential amendments specified therein.

(2) The following are hereby repealed—

(a) M11 the maintenance orders (Facilities for Enforcement) Act 1920;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69

(c) in M12 the Maintenance Orders Act 1958, section 19 and in section 23(2), the words “section nineteen”;

F70 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

X1 The text of s. 22 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F69 S. 22(2)(b) repealed by Magistrates' Courts Act 1980 (c. 43), s. 154, Sch. 9

F70 S. 22(2)(d) repealed (23.3.1995) by 1995 c. 3, s. 1, Sch. para. 7(2)

Marginal Citations

M11 1920 c. 33.

M12 1958 c. 39.

23 Maintenance order registered in High Court under the Maintenance Orders etc. Act 1920. U.K.

(1) Where a country or territory, being a country or territory to which at the commencement of section 1 of this Act the M13 Maintenance Orders (Facilities for Enforcement) Act 1920 extended, becomes a reciprocating country, then, if immediately before the Order in Council made under section 12 of that Act extending that Act to that country or territory was revoked any maintenance order made by a court in that country or territory was registered in the High Court under section 1 of that Act, the High Court may, on an application by the payer or the payee under the order or of its own motion, transfer the order to such magistrates’ court as having regard to the place where the payer is residing and to all the circumstances it thinks most appropriate, with a view to the order being registered in that court under this Part of this Act.

(2) Where the High Court transfers an order to a magistrates’ court under this section it shall—

(a) cause a certified copy of the order to be sent to the clerk of that court, and

(b) cancel the registration of the order in the High Court.

(3) The clerk of the court who receives a certified copy of an order sent to him under this section shall register the order in the prescribed manner in that court.

(4) On registering a maintenance order in a magistrates’ court by virtue of this section the clerk of the court shall, if the order is registered in that court under Part I of the M14 Maintenance Orders Act 1958, cancel that registration.

(5) In the application of this section to Northern Ireland, for references to the High Court there shall be substituted references to the High Court of Justice in Northern Ireland.

Marginal Citations

M13 1920 c. 33.

M14 1958 c. 39.

24 Application of Part I to certain orders and proceedings under the Maintenance Orders etc. Act 1920. U.K.

Where Her Majesty proposes by an Order in Council under section 1 of this Act to designate as a reciprocating country a country or territory to which at the commencement of that section the M15 Maintenance Orders (Facilities for Enforcement) Act 1920 extended, that Order in Council may contain such provisions as Her Majesty considers expedient for the purpose of securing—

(a) that the provisions of this Part of this Act apply, subject to such modifications as may be specified in the Order, to maintenance orders, or maintenance orders of a specified class—

(i) made by a court in England, Wales or Northern Ireland against a person residing [F71 or having assets] in that country or territory, or

(ii) made by a court in that country or territory against a person residing [F71 or having assets] in England, Wales or Northern Ireland,

being orders to which immediately before the date of the coming into operation of the Order in Council the said Act of 1920 applied, except any order which immediately before that date is registered in the High Court or the High Court of Justice in Northern Ireland under section 1 of that Act;

(b) that any maintenance order, or maintenance order of a specified class, made by a court in that country or territory which has been confirmed by a court in England, Wales or Northern Ireland under section 4 of the said Act of 1920 and is in force immediately before that date is registered under section 7 of this Act;

(c) that any proceedings brought under or by virtue of a provision of the said Act of 1920 in a court in England, Wales or Northern Ireland which are pending at that date, being proceedings affecting a person resident in that country or territory, are continued as if they had been brought under or by virtue of the corresponding provision of this Part of this Act.

Textual Amendments

F71 Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 16

Marginal Citations

M15 1920 c. 33.

Part II U.K. Reciprocal Enforcement of Claims for the Recovery of Maintenance

Modifications etc. (not altering text)

C23 Pt. II extended with modification by S.I. 1979/1314, art. 3, Sch.

C24 Pt. II (ss. 25-39) applied (with modifications) (5.4.1993) by The Recovery of Maintenance (United States of America) Order 1993 (S.I. 1993/591), art.3(1)

Convention countries U.K.

25 Convention countries. U.K.

(1) Her Majesty may by Order in Council declare that any country or territory specified in the Order, being a country or territory outside the United Kingdom to which the Maintenance Convention extends, is a convention country for the purposes of this Part of this Act.

(2) In this section “the Maintenance Convention” means the United Nations Convention on the Recovery Abroad of Maintenance done at New York on 20th June 1956.

Application by person in the United Kingdom for recovery, etc. of maintenance in convention country U.K.

26 Application by person in United Kingdom for recovery, etc. of maintenance in convention country. U.K.

(1) Where a person in the United Kingdom (“the applicant”) claims to be entitled to recover in a convention country maintenance from another person, and that other person is for the time being subject to the jurisdiction of that country, the applicant may apply to the Secretary of State, in accordance with the provisions of this section, to have his claim for the recovery of maintenance from that other person transmitted to that country.

(2) Where the applicant seeks to vary any provision made in a convention country for the payment by any other person of maintenance to the applicant, and that other person is for the time being subject to the jurisdiction of that country, the applicant may apply to the Secretary of State, in accordance with the provisions of this section, to have his application for the variation of that provision transmitted to that country.

(3) An application to the Secretary of State under subsection (1) or (2) above shall be made through the appropriate officer, and that officer shall assist the applicant in completing an application which will comply with the requirements of the law applied by the convention country and shall send the application to the Secretary of State, together with such other documents, if any, as are required by that law.

[F72 (3A) An application under subsection (1) or (2) above, for the purpose of recovering maintenance from a person in a specified State within the meaning of the Recovery of Maintenance (United States of America) Order 1993, and a certificate signed by a justice of the peace or, where the applicant is residing in Scotland, the sheriff, to the effect that the application sets forthfacts from which it may be determined that the repondent owes a duty to maintain the applicant and any other person named in the application and that a court in the specified State may obtain jurisdiction of the respondent or his property, shall be registered in the court in the prescribed manner by the appropriate officer or, in Scotland, by the sheriff clerk in the Maintenance Orders (Reciprocal Enforcement) Act 1972 register.]

(4) On receiving an application from the appropriate officer the Secretary of State shall transmit it, together with any accompanying documents, to the appropriate authority in the convention country, unless he is satisfied that the application is not made in good faith or that it does not comply with the requirements of the law applied by that country.

(5) The Secretary of State may request the appropriate officer to obtain from the court of which he is an officer such information relating to the application as may be specified in the request, and it shall be the duty of the court to furnish the Secretary of State with the information he requires.

(6) Where the applicant is residing in England and Wales or in Northern Ireland the appropriate officer for the purposes of this section is the clerk of a magistrates’ court acting for the petty sessions area or petty sessions district, as the case may be, in which the applicant is residing.

(7) Where the applicant is residing in Scotland the appropriate officer for the purposes of this section is the sheriff clerk or sheriff clerk depute of the sheriff court within the jurisdiction of which the applicant is residing.

Textual Amendments

F72 S. 26(3A) inserted (5.4.1993) by virtue of S.I. 1993/591, arts. 3(2), 4(a)

Application by person in convention country for recovery of maintenance in England, Wales or Northern Ireland U.K.

27 General provisions relating to application for recovery of maintenance in England, etc. U.K.

(1) Where the Secretary of State receives from the appropriate authority in a convention country an application by a person in that country for the recovery of maintenance from another person who is for the time being residing in England and Wales or in Northern Ireland, he shall send the application, together with any accompanying documents, to the clerk of a magistrates’ court acting for the petty sessions area or petty sessions district, as the case may be, in which that other person is residing; and the application shall be treated for the purposes of any enactment as if it were a complaint [F73 made at the time when the application was received by the Secretary of State or the Lord Chancellor] and references in this section and in [F74 sections 28, 28A, 29, 29A] and 30 of this Act to the complaint, the complainant and the defendant shall be construed accordingly.

(2) Where the complaint is for an affiliation order, a magistrates’ court [F75 [F76 appointed for the commission area (within the meaning of [F77 the Justices of the M16 Peace Act 1979]) or] acting for the . . . F78 petty sessions district, as the case may be][F75 acting for the petty session district], in which the defendant is residing shall have jurisdiction to hear the complaint.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79

(4) If a summons to appear before a magistrates’ court having jurisdiction to hear the complaint cannot be duly served on the defendant, the clerk of the court shall, subject to subsection (5) below, return the complaint and the accompanying documents to the Secretary of State with a statement giving such information as he possesses as to the whereabouts of the defendant, and unless the Secretary of State is satisfied that the defendant is not residing in the United Kingdom he shall deal with the complaint in accordance with subsection (1) above or section 31 of this Act, as the circumstances of the case require.

(5) If the clerk of a magistrates’ court to whom the complaint is sent in pursuance of a provision of this section is satisfied that the defendant is residing within the jurisdiction of another magistrates’ court in that part of the United Kingdom in which the first-mentioned court is he shall send the complaint and accompanying documents to the clerk of that other court and shall inform the Secretary of State that he has done so.

(6) The clerk of a court to whom the complaint is sent under subsection (5) above shall proceed as if it had been sent to him under subsection (1) above.

(7) When hearing the complaint a magistrates’ court shall proceed as if the complainant were before the court.

(8) If a magistrates’ court makes an order on the complaint, the clerk of the court shall register the order in the prescribed manner in that court.

(9) Payment of sums due under a registered order shall, while the order is registered in a magistrates’ court, be made in such manner and to such person as may be prescribed, and none of the following enactments relating to the power of a magistrates’ court to direct payments to be made to or through the collecting officer of the court or some other person, that is to say, [F80 section 59 of the Magistrates’ Courts Act 1980], [F81 section 5(5) of the M17 Affiliation Proceedings Act 1957], [F82 section 32(2) of the M18 Domestic Proceedings and Magistrates’ Courts Act 1978] . . . F83 [F84 paragraphs (1) to (7) of Article 85 of the Magistrates’ Courts (Northern Ireland) Order 1981][F85 and Article 36(i) of the Domestic Proceedings (Northern Ireland) Order 1980], shall apply in relation to a registered order.

(10) Without prejudice to the generality of the power to make rules under [F86 section 144 of the M19 Magistrates’ Courts Act 1980] (magistrates’ courts rules), the said power shall include power to prescribe the orders made or other things done by a magistrates’ court, or an officer of such a court, under this Part of this Act, notice of which is to be given to such persons as the rules may provide and the manner in which such notice shall be given.

(11) In the application of this section to Northern Ireland, in subsection (10), for the reference to [F87 section 144 of the Magistrates’ Courts Act 1980] there shall be substituted a reference to [F88 Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981].

Textual Amendments

F73 Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(2), 52

F74 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 34(a)

F75 Words commencing “acting for” substituted (E.W.) for words commencing “appointed for the” by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 46(a)

F76 Words inserted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 56, 89

F77 Words substituted by Justices of the Peace Act 1979 (c. 55), Sch. 2 para. 18

F78 Words repealed by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 56, 89

F79 S. 27(3) repealed by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 3

F80 Words substituted by Magistrates' Courts Act 1980 (c. 43), s. 154, Sch. 7 para. 108(a)

F81 Words repealed (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(4), Sch. 2 para. 46(b), Sch. 4

F82 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 34(b)

F83 Word repealed by S.I. 1980/564, Sch.

F84 Words substituted by S.I. 1981/1675 (N.I. 26), Sch. 6 Pt. I para. 24(a)

F85 Words inserted by S.I. 1980/564, art. 4(2)

F86 Words substituted by Magistrates' Courts Act 1980 (c. 43), s. 154, Sch. 7 para. 108(b)

F87 Words substituted by virtue of Magistrates' Courts Act 1980 (c. 43), s. 154, Sch. 7 para. 108(b)

F88 Words substituted by S.I. 1981/1675 (N.I. 26), Sch. 6 Pt. I para. 24(b)

Marginal Citations

M16 1979 c. 55.

M17 1957 c. 55.

M18 1978 c. 22.

M19 1980 c. 43.

[F89 27A Applications for recovery of maintenance in England and Wales. U.K.

(1) This section applies to any application which—

(a) is received by the Lord Chancellor from the appropriate authority in a convention country, and

(b) is an application by a person in that country for the recovery of maintenance from another person who is for the time being residing in England and Wales.

(2) Subject to sections 27B to 28B of this Act, an application to which this section applies shall be treated for the purposes of any enactment as if it were an application for a maintenance order under the relevant Act, made at the time when the application was received by the Lord Chancellor.

(3) In the case of an application for maintenance for a child (or children) alone, the relevant Act is the Children Act 1989.

(4) In any other case, the relevant Act is the Domestic Proceedings and Magistrates’ Courts Act 1978.

(5) In subsection (3) above, “child” means the same as in Schedule 1 to the Children Act 1989.]

Textual Amendments

F89 Ss. 27A-28C substituted (5.4.1993) for ss. 27, 28, 28A by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para.13; S.I. 1993/618, art.2

F90 27B Sending application to the appropriate magistrates’ court. U.K.

(1) On receipt of an application to which section 27A of this Act applies, the Lord Chancellor shall send it, together with any accompanying documents, to the clerk of a magistrates’ court acting for the petty sessions area in which the respondent is residing.

(2) Subject to subsection (4) below, if notice of the hearing of the application by a magistrates’ court having jurisdiction to hear it cannot be duly served on the respondent, the clerk of the court shall return the application and the accompanying documents to the Lord Chancellor with a statement giving such information as he possesses as to the whereabouts of the respondent.

(3) If the application is returned to the Lord Chancellor under subsection (2) above, then, unless he is satisfied that the respondent is not residing in the United Kingdom, he shall deal with it in accordance with subsection (1) above or section 28C of this Act or send it to the Secretary of State to be dealt with in accordance with section 31 of this Act (as the circumstances of the case require).

(4) If the clerk of a court to whom the application is sent under this section is satisfied that the respondent is residing within the petty sessions area for which another magistrates’ court acts, he shall send the application and accompanying documents to the clerk of that other court and shall inform the Lord Chancellor that he has done so.

(5) If the application is sent to the clerk of a court under subsection (4) above, he shall proceed as if it had been sent to him under subsection (1) above.

Textual Amendments

F90 Ss. 27A-28C substituted (5.4.1993) for ss. 27, 28, 28A by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para.13; S.I. 1993/618, art.2

F91 27C Applications to which section 27A applies: general. U.K.

(1) This section applies where a magistrates’ court makes an order on an application to which section 27A of this Act applies.

(2) Section 59 of the Magistrates’ Courts Act 1980 (orders for periodical payment: means of payment) shall not apply.

(3) The court shall, at the same time that it makes the order, exercise one of its powers under subsection (4) below.

(4) Those powers 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 in England and Wales;

(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 in England and Wales, by such method of payment falling within section 59(6) of the Magistrates’ Courts Act 1980 (standing order, etc.) as may be specified;

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

(5) In deciding which of the powers under subsection (4) above it is to exercise, the court shall have regard to any representations made by the person liable to make payments under the order.

(6) 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 (4) 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 27C(4) of the Maintenance Orders (Reciprocal Enforcement) Act 1972, and”.

(7) The clerk of the court shall register the order in the prescribed manner in the court.

Textual Amendments

F91 Ss. 27A-28C substituted (5.4.1993) for ss. 27, 28, 28A by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para.13; S.I. 1993/618, art.2

F92 28 Applications by spouses under the Domestic Proceedings and Magistrates’ Courts Act 1978. U.K.

(1) The magistrates’ court hearing an application which by virtue of section 27A of this Act is to be treated as if it were an application for a maintenance order under the Domestic Proceedings and Magistrates’ Courts Act 1978 may make any order on the application which it has power to make under section 2 or 19(1) of that Act.

(2) Part I of that Act shall apply in relation to such an application, and to any order made on such an application, with the following modifications—

(a) sections 6 to 8, 16 to 18, 20ZA, 25 to 27 and 28(2) shall be omitted,

(b) in section 30(1), for the words “either the applicant or the respondent ordinarily resides” there shall be substituted “the respondent resides”, and

(c) section 32(2) shall be omitted.

(3) Subsections (1) and (2) above do not apply where section 28A of this Act applies.

Textual Amendments

F92 Ss. 27A-28C substituted (5.4.1993) for ss. 27, 28, 28A by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s.1, Sch. 1 Pt. II para.13, S.I. 1993/618, art.2

28A F93 Applications by former spouses under the Domestic Proceedings and Magistrates’ Courts Act 1978. U.K.

(1) This section applies where in the case of any application which by virtue of section 27A of this Act is to be treated as if it were an application for a maintenance order under the Domestic Proceedings and Magistrates’ Courts Act 1978 (“the 1978 Act”)—

(a) the applicant and respondent were formerly married,

(b) their marriage was dissolved or annulled in a country or territory outside the United Kingdom by a divorce or annulment which is recognised as valid by the law of England and Wales,

(c) an order for the payment of maintenance for the benefit of the applicant or a child of the family has, by reason of the divorce or annulment, been made by a court in a convention country, and

(d) where the order for the payment of maintenance was made by a court of a different country from that in which the divorce or annulment was obtained, either the applicant or the respondent was resident in the convention country whose court made that order at the time that order was applied for.

(2) Any magistrates’ court that would have jurisdiction to hear the application under section 30 of the 1978 Act (as modified in accordance with subsection (6) below) if the applicant and the respondent were still married shall have jurisdiction to hear it notwithstanding the dissolution or annulment of the marriage.

(3) If the magistrates’ court hearing the application is satisfied that the respondent has failed to comply with the provisions of any order such as is mentioned in subsection (1)(c) above, it may (subject to subsections (4) and (5) below) make any order which it has power to make under section 2 or 19(1) of the 1978 Act.

(4) The court shall not make an order for the making of periodical payments for the benefit of the applicant or any child of the family unless the order made in the convention country provides for the making of periodical payments for the benefit of the applicant or, as the case may be, that child.

(5) The court shall not make an order for the payment of a lump sum for the benefit of the applicant or any child of the family unless the order made in the convention country provides for the payment of a lump sum to the applicant or, as the case may be, to that child.

(6) Part I of the 1978 Act shall apply in relation to the application, and to any order made on the application, with the following modifications—

(a) section 1 shall be omitted,

(b) for the reference in section 2(1) to any ground mentioned in section 1 of that Act there shall be substituted a reference to non-compliance with any such order as is mentioned in subsection (1)(c) of this section,

(c) for the references in section 3(2) and (3) to the occurrence of the conduct which is alleged as the ground of the application there shall be substituted references to the breakdown of the marriage,

(d) the reference in section 4(2) to the subsequent dissolution or annulment of the marriage of the parties affected by the order shall be omitted,

(e) sections 6 to 8, 16 to 18, 20ZA and 25 to 28 shall be omitted,

(f) in section 30(1), for the words “either the applicant or the respondent ordinarily resides” there shall be substituted “the respondent resides”, and

(g) section 32(2) shall be omitted.

(7) A divorce or annulment obtained in a country or territory outside the United Kingdom shall be presumed for the purposes of this section to be one the validity of which is recognised by the law of England and Wales, unless the contrary is proved by the respondent.

(8) In this section, “child of the family” has the meaning given in section 88 of the 1978 Act.

Textual Amendments

F93 Ss. 27A-28C substituted (5.4.1993) for ss. 27, 28, 28A by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para.13; S.I. 1993/618, art.2

F94 28B Applications under the Children Act 1989. U.K.

No provision of an order made under Schedule 11 to the Children Act 1989 requiring or enabling a court to transfer proceedings from a magistrates’ court to a county court or the High Court shall apply in relation to an application which by virtue of section 27A of this Act is to be treated as if it were an application for a maintenance order under that Act.

Textual Amendments

F94 Ss. 27A-28C substituted (5.4.1993) for ss. 27, 28, 28A by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para.13; S.I. 1993/618, art.2

F95 28C Applications for recovery of maintenance in Northern Ireland. U.K.

(1) This section applies where the Lord Chancellor receives from the appropriate authority in a convention country an application by a person in that country for the recovery of maintenance from another person who is for the time being residing in Northern Ireland.

(2) The Lord Chancellor shall send the application, together with any accompanying documents, to the clerk of a magistrates’ court acting for the petty sessions district in which that other person is residing.

(3) The application shall be treated for the purposes of any enactment as if it were a complaint made at the time when the application was received by the Lord Chancellor, and references in this section and in sections 29, 29A and 30 of this Act to the complaint, the complainant and the defendant shall be construed accordingly.

(4) Where the complaint is for an affiliation order, a magistrates’ court acting for the petty sessions district in which the defendant is residing shall have jurisdiction to hear the complaint.

(5) If a summons to appear before a magistrates’ court having jurisdiction to hear the complaint cannot be duly served on the defendant, the clerk of the court shall (subject to subsection (7) below) return the complaint and the accompanying documents to the Lord Chancellor with a statement giving such information as he possesses as to the whereabouts of the defendant.

(6) If the complaint is returned to the Lord Chancellor under subsection (5) above, then, unless he is satisfied that the respondent is not residing in the United Kingdom, he shall deal with it in accordance with subsection (2) above or section 27B of this Act or send it to the Secretary of State to be dealt with in accordance with section 31 of this Act (as the circumstances of the case require).

(7) If the clerk of a court to whom the complaint is sent under this section is satisfied that the defendant is residing within the jurisdiction of another magistrates’ court in Northern Ireland, he shall send the complaint and accompanying documents to the clerk of that other court and shall inform the Lord Chancellor that he has done so.

(8) If the complaint is sent to the clerk of a court under subsection (7) above, he shall proceed as if it had been sent to him under subsection (2) above.

(9) When hearing the complaint, a magistrates’ court shall proceed as if the complainant were before the court.

(10) If a magistrates’ court makes an order on the complaint, the clerk of the court shall register the order in the prescribed manner in that court.

(11) Payment of sums due under a registered order shall, while the order is registered in a magistrates’ court in Northern Ireland, be made in such manner and to such person as may be prescribed, and neither Article 36(1) of the Domestic Proceedings (Northern Ireland) Order 1980 nor Article 85(1) to (7) of the Magistrates’ Courts (Northern Ireland) Order 1981 (which relate to the power of a magistrates’ court to direct payments to be made to or through the collecting officer of the court or some other person) shall apply in relation to a registered order.

Textual Amendments

F95 Ss. 27A-28C substituted (5.4.1993) for ss. 27, 28, 28A by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para.13; S.I. 1992/618, art.2

Valid from 04/11/1996

[F96 28D Sending application to the appropriate magistrates’ court. U.K.

(1) On receipt of an application to which section 28C of this Act applies, the Lord Chancellor shall send it, together with any accompanying documents, to the clerk of a magistrates’ court acting for the petty sessions district in which the respondent is residing.

(2) Subject to subsection (4) below, if notice of the hearing of the application by a magistrates’ court having jurisdiction to hear it cannot be duly served on the respondent, the clerk of the court shall return the application and the accompanying documents to the Lord Chancellor with a statement giving such information as he possesses as to the whereabouts of the respondent.

(3) If the application is returned to the Lord Chancellor under subsection (2) above, then, unless he is satisfied that the respondent is not residing in the United Kingdom, he shall deal with it in accordance with subsection (1) above or section 27B of this Act or send it to the Secretary of State to be dealt with in accordance with section 31 of this Act (as the circumstances of the case require).

(4) If the clerk of a court to whom the application is sent under this section is satisfied that the respondent is residing within the petty sessions district for which another magistrates’ court acts, he shall send the application and accompanying documents to the clerk of that other court and shall inform the Lord Chancellor that he has done so.

(5) If the application is sent to the clerk of a court under subsection (4) above, he shall proceed as if it had been sent to him under subsection (1) above.]

Textual Amendments

F96 Ss. 28C, 28D, 28E, 29, 29A, 29B substituted for ss. 28C, 29, 29A (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 72 (with Sch. 8 para. 1(1)); S.R. 1996/297, art. 2(2)

Valid from 04/11/1996

[F97 28E Applications to which section 28C applies: general. U.K.

(1) This section applies where a magistrates’ court makes an order on an application to which section 28C of this Act applies.

(2) Article 85 of the Magistrates’ Courts (Northern Ireland) Order 1981 (“the 1981 Order”) (orders for periodical payment: means of payment) shall not apply.

(3) The court shall, at the same time that it makes the order, exercise one of its powers under subsection (4) below.

(4) Those powers are—

(a) the power to order that payments under the order be made directly to the collecting officer;

(b) the power to order that payments under the order be made to the collecting officer, by such method of payment falling within Article 85(7) of the 1981 Order (standing order, etc.) as may be specified;

(c) the power to make an attachment of earnings order under Part IX of the 1981 Order to secure payments under the order;

and in this subsection “collecting officer” means the officer mentioned in Article 85(4) of the 1981 Order.

(5) In deciding which of the powers under subsection (4) above it is to exercise, the court shall have regard to any representations made by the person liable to make payments under the order.

(6) Paragraph (5) of Article 85 of the 1981 Order (power of court to require debtor to open account) shall apply for the purposes of subsection (4) above as it applies for the purposes of that Article, but as if for sub-paragraph (a) there were substituted—

(a) the court proposes to exercise its power under paragraph (b) of section 28E(4) of the Maintenance Orders (Reciprocal Enforcement) Act 1972, and.

(7) The clerk of the court shall register the order in the prescribed manner in the court.]

Textual Amendments

F97 Ss. 28C, 28D, 28E, 29, 29A, 29B substituted for ss. 28C, 29, 29A (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 72 (with Sch. 8 para. 1(1)); S.R. 1996/297, art. 2(2)

[F98 29 Complaint by spouse in convention country for recovery in Northern Ireland of maintenance from other spouse. U.K.

Where the complaint is a complaint made for an order under Article 4 of the M20 Domestic Proceedings (Northern Ireland) Order 1980, the court hearing the complaint may make any order which it has power to make under Article 4 or 20(1)(i)of that Order; and that Order except Articles 8 to 19, 20(1)(ii), 21, 23, 25(1), 26 to 29, 36(1), 37 and 38 shall apply in relation to the complaint and to any order made on the complaint.]

Textual Amendments

F98 S. 29 substituted by S.I. 1980/564, art. 4(3)

Marginal Citations

M20 S.I. 1980/563 (N.I. 5).

[F99 29A Complaint by former spouse in convention country for recovery in Northern Ireland of maintenance from other spouse. U.K.

(1) Where on an application under [F100 section 28C(1)] of this Act for the recovery of maintenance from a person who is residing in Northern Ireland—

(a) that person is a former spouse of the applicant in a convention country who is seeking to recover maintenance, and

(b) the marriage between the applicant and the former spouse has been dissolved by a divorce granted in a convention country which is recognised as valid by the law of Northern Ireland, and

(c) an order for the payment of maintenance for the benefit of the applicant or a child of the the family has, by reason of the divorce proceedings in the convention country, been made by the court which granted the divorce or by any other court in that country,

the application shall, notwithstanding that the marriage has been dissolved, be treated as a complaint for an order under Article 4 of the Domestic Proceedings (Northern Ireland) Order 1980, and the provisions of this section shall have effect.

(2) On hearing a complaint by virtue of this section the magistrates’ court may, if satisfied that the defendant has failed to comply with the provisions of any such order as is mentioned in subsection (1)(c) above, make any order which it has power to make under Article 4 or 20(1)(i) of the Domestic Proceedings (Northern Ireland) Order 1980, except that—

(a) an order for the making of periodical payments for the benefit of the applicant or any child of the family shall not be made unless the order made in the convention country provides for the making of periodical payments for the benefit of the applicant or, as the case may be, that child, and

(b) an order for the payment of a lump sum for the benefit of the applicant or any child of the family shall not be made unless the order made in the convention country provides for the payment of a lump sum to the applicant or, as the case may be, to that child.

(3) The Domestic Proceedings (Northern Ireland) Order 1980 shall apply in relation to any application which is treated by virtue of this section as a complaint for an order under Article 4 of that Order, and in relation to any order made on the complaint, subject to the following modifications, that is to say—

(a) Article 3 shall be omitted;

(b) for the reference in Article 4(1) to any ground mentioned in Article 3 of that Order there shall be substituted a reference to non-compliance with any such order as is mentioned in subsection (1)(c) of this section;

(c) in [F101 Article 5(2) and (3)] for the reference to the occurrence of the conduct which is alleged, as the ground of the application there shall be substituted a reference to the breakdown of the marriage;

(d) in Article 6(2) the reference to the subsequent dissolution or annulment of the marriage of the parties affected by the order shall be omitted;

(e) Articles 8 to 19, 20(1)(ii), 21, 23, 25(1), 26 to 30, 36(1), 37 and 38 shall be omitted.

(4) A divorce obtained in a convention country shall be presumed for the purposes of this section to be one the validity of which is recognised by the law of Northern Ireland, unless the contrary is proved by the defendant.

(5) The reference in subsection (1)(b) above to the dissolution of a marriage by divorce shall be construed as including a reference to the annulment of the marriage and any reference in this section to a divorce or to divorce proceedings shall be construed accordingly.

(6) In this section the expression “child of the family” has the same meaning as in the Domestic Proceedings (Northern Ireland) Order 1980.]

Textual Amendments

F99 S. 29A substituted (N.I.) by S.I. 1980/564, art 4(4)

F100 Words in s. 29A(1) substituted (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para.14; S.I. 1993/618, art. 2

F101 Words substituted by S.I. 1989/677 (N.I.4), art. 42(1), Sch. 2 para. 11

Valid from 04/11/1996

[F102 29B Applications under the Children (Northern Ireland) Order 1995. U.K.

No provision of an order made under Schedule 7 to the Children (Northern Ireland) Order 1995 requiring or enabling a court to transfer proceedings from a magistrates’ court to a county court or the High Court shall apply in relation to an application which by virtue of section 28C of this Act is to be treated as if it were an application for a maintenance order under that Order.]

Textual Amendments

F102 Ss. 28C, 28D, 28E, 29, 29A, 29B substituted for ss. 28C, 29, 29A (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 72 (with Sch. 8 para. 1(1)); S.R. 1996/297, art. 2(2)

30 Further provisions relating to recovery in England, Wales and Northern Ireland of maintenance for children U.K.

.

F103 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where the complaint is for an affiliation order under [F105 the M21 Affiliation Proceedings Act 1957 or] the M22 Illegitimate Children (Affiliation Orders) Act (Northern Ireland) 1924—

(a) it shall be sufficient for the purposes of [F105 paragraph (b) of section 2(1) of the said Act of 1957 (time for making complaint) or] paragraph (c) of section 2(3) of the said Act of 1924 [F105 (provision to the like effect), as the case may be], to prove that the defendant has within the [F106 [F105 three years (or] twelve months, [F105 in the case of a complaint under the said Act of 1924)]] next after the birth of the child to whom the complaint relates paid money for its maintenance in pursuance of a requirement of the law applied by a court outside the United Kingdom; F107 . . .

F107 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where the complaint is for an affiliation order under the said Act of 1924, a summons may be issued on the complaint notwithstanding that the complainant has not made the information mentioned in section 2(4) of that Act.

(5) Without prejudice to any other enactment empowering a magistrates’ court to vary an affiliation order made by it, an affiliation order made under [F108 the said Act of 1957 or] the said Act of 1924, [F108 as the case may be], on the complaint may be varied by such a court so as to entitle any person, other than the complainant, who for the time being has the custody of the child to whom the order relates to any payments to be made under the order.

F109 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F103 S. 30(1) repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 125(7), Sch. 16 para. 39(3), Sch. 20; S.I. 1991/1883, art.3, Schedule

F104 S. 30(2) repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 125(7), Sch. 16 para. 39(3), Sch. 20; S.I. 1991/1883, art. 3, Schedule

F105 Words repealed (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(4), Sch. 2 para. 49(4), Sch. 4

F106 Words substituted by Affiliation Proceedings (Amendment) Act 1972 (c. 49), s. 2(2)

F107 Word and s. 30(3)(b) repealed by Affiliation Proceedings (Amendment) Act 1972 (c. 49), s. 1(4)(c)

F108 Words repealed (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(4), Sch. 2 para. 49(5), Sch. 4

F109 S. 30(6) repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 125(7), Sch. 16 para. 39(3), Sch.20; S.I. 1991/1883, art.3, Schedule

Marginal Citations

M21 1957 c. 55.

M22 1924 c. 27(N.I.)

Application by person in convention country for recovery of maintenance in Scotland U.K.

31 Application by person in convention country for recovery of maintenance in Scotland. U.K.

(1) Where the Secretary of State receives from the appropriate authority in a convention country an application by a person in that country for the recovery of maintenance from another person who is for the time being residing in Scotland, he shall send the application, together with any accompanying documents, to the [F110 Secretary of the Law Society of Scotland who shall send the application and any accompanying documents to a solicitor practising in the sheriff court within the jurisdiction of which that other person resides or to such other solicitor practising in Scotland as appears to the Secretary to be appropriate, for the purposes of enabling the solicitor to take] on behalf of the applicant such steps as appear to the solicitor appropriate in respect of the application.

[F111 (1A) Proceedings arising out of an application under subsection (1) above shall be treated as an action for aliment within the meaning of the Family Law (Scotland) Act 1985 and, subject to subsections (1B) to (1D) below, the provisions of that Act relating to aliment shall apply in relation to claims for maintenance in such proceedings and decrees therein.

(1B) Without prejudice to subsection (2) below, any proceedings mentioned in subsection (1A) above shall be brought in the sheriff court.

(1C) In its application to proceedings mentioned in subsection (1A) above, section 5 of the said Act of 1985 (power to vary or recall decree of aliment) shall be subject to section 34(1) of this Act.

(1D) Where an application under subsection (1) above is for the recovery of maintenance from a person who is a former spouse of the applicant—

(a) then, for the purposes of the said Act of 1985, there shall be assumed to be an obligation of aliment within the meaning of that Act owed by the former spouse to the applicant;

(b) section 2(7) and (8) of that Act shall not apply; and

(c) an order for payment of maintenance in proceedings arising out of the application—

(i) shall, if subsisting at the death of the party making the payment, continue to operate against that party’s estate, but without prejudice to the power of the court to vary or recall the order; and

(ii) shall cease to have effect on the remarriage or death of the party receiving payment, except in relation to any arrears due under it]

(2) Where in any proceedings arising out of such an application as aforesaid the sheriff [F112 ,or (on appeal or remit) the Court of Session,] makes an order containing a provision requiring the payment of maintenance, [F113 the order shall be registered forthwith in the prescribed manner in the appropriate sheriff court by the sheriff clerk or sheriff clerk depute of that sheriff court; and where an order of the Court of Session varies or revokes a registered order of the sheriff, the said sheriff clerk or sheriff clerk depute shall amend the register accordingly.]

[F114 (2A)In subsection (2) above “the appropriate sheriff court” means the sheriff court making the order or (where the order is an order of the Court of Session) from which the remit or appeal has come.]

(3) Without prejudice to the generality of the powers conferred on the Court of Session by section 32 of the M23 Sheriff Courts (Scotland) Act 1971 to regulate by act of sederunt the procedure of the sheriff court, the said powers shall include power to prescribe the decrees granted, or other things done, by the sheriff, or an officer of the sheriff court, under this Part of this Act, notice of which is to be given to such persons as the act of sederunt may provide and the manner in which such notice shall be given.

[F115 (4) Where an application under subsection (1) above is for the recovery of maintenance from a person who is a former spouse of the applicant an order containing a provision requiring the payment of such maintenance for the benefit of the applicant shall not be made in respect of that application unless—

(i) the marriage between the applicant and the said former spouse has been dissolved by a divorce which has been [F116 granted in a convention country][F116 obtained in a convention country or territory outside the United Kingdom] and which is recognised as valid by the law of Scotland;

[F117 (ii) an order for the payment of maintenance for the benefit of the applicant has, in or by reason of the divorce proceedings in the convention country, been made by the court which granted the divorce or by any other court in that country; and]

[F117 (ii) an order for the payment of maintenance for the benefit of the applicant as a divorced person has, in or by reason of, or subsequent to, the divorce proceedings, been made by a court in a convention country;

(iia) in a case where the order mentioned in paragraph (ii) above was made by a court of a different country from that in which the divorce was obtained, either the applicant or the said former spouse was resident in that different country at the time the application for the order so mentioned was made; and]

(iii) the court making the order under this section is satisfied that the former spouse of the applicant has failed to comply with the order mentioned in paragraph (ii) above.

[F118 (4A) In subsection (4)(i) above the reference to the dissolution of a marriage by divorce shall be construed as including a reference to the annulment of a purported marriage and any reference to a marriage, a divorce, a divorced person, a former spouse or divorce proceedings shall be construed accordingly.]

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F119

(6) Section 8 of the M24 Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (which relates to the variation and recall by the sheriff of certain orders made by the Court of Session) shall not apply to an order of the Court of Session registered under subsection (2) above.]

Textual Amendments

F110 Words substituted by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), ss. 45, 46(4), Sch. 3 para. 1(1)

F111 S. 31(1A)–(1D) substituted for subsection (1A) by Family Law (Scotland) Act 1985 (c. 37, SIF 49:3), ss. 28(1), 29(4), Sch. 1 para. 6

F112 Words inserted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 60(1)(b)(i), 89

F113 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 60(1)(b)(ii),89

F114 S. 31(2A) inserted by Domestic Proceedings and Magistrates' Courts Act 1978 (c.22), ss. 60(1)(c), 89

F115 S. 31(4)-(6) inserted by Domestic Proceedings and Magiastrates' Courts Act 1978 (c. 22), ss. 60(1)(d), 89

F116 Words commencing “obtained in a” substituted (S.) for words commencing “granted in a” by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 31(2), 48(2)

F117 S. 31(4)(ii)(iia) substituted (S.) for para. (ii) by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), s. 31(3)

F118 S. 31(4A) inserted by Family Law (Scotland) Act 1985 (c. 37, SIF 49:3), ss. 28(1), 29(4), Sch. 1 para. 6(b)

F119 S. 31(5) repealed by Family Law (Scotland) Act 1985 (c. 37, SIF 49:3), ss. 28(1)(2), 29(4), Sch. 1 para. 6(c), Sch. 2

Marginal Citations

M23 1971 c. 58.

M24 1966 c. 19.

Transfer, enforcement, variation and revocation of registered orders U.K.

32 Transfer of orders. U.K.

(1) Where the prescribed officer of the registering court is of opinion that the payer under a registered order has ceased to reside within the jurisdiction of that court, then, unless he is of opinion that the payer has ceased to reside in the United Kingdom, he shall, subject to subsection (2) below, send a certified copy of the order and the related documents to the Secretary of State, and if he is of opinion that the payer has ceased to reside in the United Kingdom he shall send a notice to that effect to the Secretary of State.

(2) Where the clerk of the registering court, being a magistrates’ court, is of opinion that the payer is residing within the jurisdiction of another magistrates’ court in that part of the United Kingdom in which the registering court is, he shall transfer the order to that other court by sending a certified copy of the order and the related documents to the clerk of that other court and, subject to subsection (4) below, that clerk shall register the order in the prescribed manner in that court.

(3) Where a certified copy of an order is received by the Secretary of State under this section and it appears to him that the payer under the order is still residing in the United Kingdom, he shall transfer the order to the appropriate court by sending the copy of the order and the related documents to the prescribed officer of the appropriate court and, subject to subsection (4) below, that officer shall register the order in the prescribed manner in that court.

(4) Before registering an order in pursuance of subsection (2) or (3) above an officer of a court shall take such steps as he thinks fit for the purpose of ascertaining whether the payer under the order is residing within the jurisdiction of the court, and if after taking those steps he is satisfied that the payer is not so residing he shall return the certified copy of the order and the related documents to the officer of the court or the Secretary of State, as the case may be, from whom he received them, together with a statement giving such information as he possesses as to the whereabouts of the payer.

(5) Where a certified copy of an order is received by the Secretary of State under this section and it appears to him that the payer under the order has ceased to reside in the United Kingdom he shall return the copy of the order and the related documents to the registering court.

(6) An officer of a court on registering an order in the court in pursuance of subsection (2) or (3) above shall give notice of the registration in the prescribed manner to the prescribed officer of the court in which immediately before its registration under this section the order was registered.

(7) The officer to whom notice is given under subsection (6) above shall on receiving the notice cancel the registration of the order in that court.

[F120 (7A) The Secretary of State on receiving notice under subsection (6) above shall send a copy of the registered order and of the related documents to the Secretary of the Law Society of Scotland who shall send the copy of the order and of the related documents to a solicitor practising in the registering court or to such other solicitor practising in Scotland as appears to the Secretary to be appropriate for the purpose of enabling the solicitor to take, on behalf of the person entitled to the payments for which the order provides, such steps as appear to the solicitor appropriate to enforce the order.

(7B) Where an order is registered in the sheriff court by virtue of subsection (3) above, any provision of the order by virtue of which the payments for which the order provides are required to be made through or to any officer or person on behalf of the person entitled thereto shall be of no effect so long as the order is so registered.]

(8) In this section—

• “the appropriate court”, in relation to a person residing in England and Wales or in Northern Ireland, means a magistrates’ court within the jurisdiction of which that person is residing;

• “certificate of arrears” and “certified copy” have the same meanings respectively as in Part I of this Act;

• “payer”, in relation to a registered order, means the person liable to make payments under the order; and

• “related documents” means—

(a) the application on which the order was made;

(b) a certificate of arrears signed by the prescribed officer of the registering court;

(c) a statement giving such information as he possesses as to the whereabouts of the payer; and

(d) any relevant documents in his possession relating to the case.

(9) In the application of this section to Scotland—

(a) in subsection (1), for the words “within the jurisdiction of that court” there shall be substituted the words “in Scotland”;

(b) subsection (2) shall be omitted;

(c) in subsection (4), for the words “the officer of the court or the Secretary of State, as the case may be, from whom he received them” there shall be substituted the words “the Secretary of State”;

(d) at the end of subsection (6) there shall be inserted the words “and to the Secretary of State”;

[F121 (e) after subsection (7) there shall be inserted the following subsections:—

“(7A) The Secretary of State on receiving notice under subsection (6) above shall send a copy of the registered order and of the related documents to the secretary of the committee mentioned in section 31(1) of this Act, and the secretary shall thereupon send the copy of the order and of the related documents to a solicitor practising in the registering court, with a view to the solicitor’s taking on behalf of the person entitled to the payments for which the order provides such steps as appear to the solicitor appropriate to enforce the order.

(7B) Where an order is registered in the sheriff court by virtue of subsection (3) above, any provision of the order by virtue of which the payments for which the order provides are required to be made through or to any officer or person on behalf of the person entitled thereto shall be of no effect so long as the order is so registered”;]

(f) “appropriate court”, in relation to a person residing in Scotland, means the sheriff court within the jurisdiction of which that person is residing.

Textual Amendments

F120 S. 32(7A)(7B) inserted (S.) by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), ss. 45, 46(4), Sch. 3 para. 1(2)(a)

F121 S. 32(9)(e) repealed (S.) by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), ss. 45, 46(4), Sch. 3 para. 1(2)(b), Sch. 5

33 Enforcement of orders. E+W

(1) Subject to subsection (2) below, a registered order which is registered in a court other than the court by which the order was made may be enforced as if it had been made by the registering court and as if that court had had jurisdiction to make it; and proceedings for or with respect to the enforcement of any such order may be taken in accordance with this subsection but not otherwise.

(2) Subsection (1) above does not apply to an order which is for the time being registered in the High Court under Part I of the M25 Maintenance Orders Act 1958 or to an order which is for the time being registered in the High Court of Justice in Northern Ireland under Part II of the M26 Maintenance and Affiliation Orders Act (Northern Ireland) 1966.

[F122 (3) An order which by virtue of subsection (1) above is enforceable by a magistrates’ court [F123 shall, subject to the modifications of sections 76 and 93 of the Magistrates’ Courts Act 1980 (enforcement of sums adjudged to be paid and complaint for arrears) specified in subsections (4A) and (4B) of section 8 of this Act, be enforceable] as if it were a magistrates’ court maintenance order made by that court.

In this subsection “magistrates’ court maintenance order” has the same meaning as in section 150(1) of the Magistrates’ Courts Act M27 1980.]

[F124 (3A) Where, by virtue of being registered in the magistrates’ court in which it was made, a registered order is enforceable as a magistrates’ court maintenance order, sections 76 and 93 of the Magistrates’ Courts Act 1980 shall have effect subject to the modifications specified in subsections (4A) and (4B) of section 8 of this Act.]

(4) A magistrates’ court in which an order is registered under this Part of this Act, and the officers thereof, shall take all such steps for enforcing the order as may be prescribed.

(5) In any proceedings for or with respect to the enforcement of an order which is for the time being registered in any court under this Part of this Act a certificate of arrears sent under section 32 of this Act to the prescribed officer of the court shall be evidence of the facts stated therein.

(6) Part II of the M28 Maintenance Orders Act 1950 (enforcement of certain orders throughout the United Kingdom) shall not apply to a registered order.

(7) In the application of this section to Scotland—

(a) subsections (2) to (4) shall be omitted; and

(b) in subsection (5), for the word “evidence” there shall be substituted the words “sufficient evidence”.

Extent Information

E2 S. 33: This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only.

Textual Amendments

F122 S. 33(3) substituted (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 50

F123 Words in s. 33(3) substituted (E.W.)(1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 10, Sch. 1 para. 18(1), S.I. 1992/455, art.2

F124 S. 33(3A) inserted (E.W.)(1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 10, Sch. 1 para. 18(2), S.I. 1992/455, art.2

Marginal Citations

M25 1958 c. 39.

M26 1966 c. 35(N.I.)

M27 1980 c.43(82).

M28 1950 c. 37.

33 Enforcement of orders. S+N.I.

(1) Subject to subsection (2) below, a registered order which is registered in a court other than the court by which the order was made may be enforced as if it had been made by the registering court and as if that court had had jurisdiction to make it; and proceedings for or with respect to the enforcement of any such order may be taken in accordance with this subsection but not otherwise.

(2) Subsection (1) above does not apply to an order which is for the time being registered in the High Court under Part I of the M59 Maintenance Orders Act 1958 or to an order which is for the time being registered in the High Court of Justice in Northern Ireland under Part II of the M60 Maintenance and Affiliation Orders Act (Northern Ireland) 1966.

(3) An order which by virtue of subsection (1) above is enforceable by a magistrates’ court shall be enforceable as if it were an affiliation order made by that court; and the provisions of any enactment with respect to the enforcement of affiliation orders (including enactments relating to the accrual of arrears and the remission of sums due) shall apply accordingly.

In this subsection “enactment” includes any order, rule or regulation made in pursuance of any Act.

(4) A magistrates’ court in which an order is registered under this Part of this Act, and the officers thereof, shall take all such steps for enforcing the order as may be prescribed.

(5) In any proceedings for or with respect to the enforcement of an order which is for the time being registered in any court under this Part of this Act a certificate of arrears sent under section 32 of this Act to the prescribed officer of the court shall be evidence of the facts stated therein.

(6) Part II of the M61 Maintenance Orders Act 1950 (enforcement of certain orders throughout the United Kingdom) shall not apply to a registered order.

(7) In the application of this section to Scotland—

(a) subsections (2) to (4) shall be omitted; and

(b) in subsection (5), for the word “evidence” there shall be substituted the words “sufficient evidence”.

Extent Information

E4 S. 33: This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only.

Marginal Citations

M59 1958 c. 39.

M60 1966 c. 35(N.I.)

M61 1950 c. 37.

34 Variation and revocation of orders. U.K.

(1) [F125 Subject to [F126 subsection (3A) below and] section 34A of this Act]where a registered order is registered in a court other than the court by which the order was made, the registering court shall have the like power to vary or revoke the order as if it had been made by the registering court and as if that court had had jurisdiction to make it; and no court other than the registering court shall have power to vary or revoke a registered order.

(2) Where the registering court revokes a registered order it shall cancel the registration.

(3) Where the Secretary of State receives from the appropriate authority in a convention country an application by a person in that country for the variation of a registered order, he shall, if the registering court is a magistrates’ court, send the application together with any documents accompanying it to the clerk of that court.

[F127 (3A) Where subsection (1) of section 60 of the Magistrates’ Courts Act 1980 (revocation, variation etc. of orders for periodical payment) applies in relation to a registered order, that subsection shall have effect as if for the words “by order on complaint,” there were substituted “on an application being made, by order”.]

(4) Where a court in a part of the United Kingdom makes, or refuses to make, an order varying or revoking a registered order made by a court in another part thereof, any person shall have the like right of appeal (if any) against the order or refusal as he would have if the registered order had been made by the first-mentioned court.

(5) In the application of this section to Scotland

[F128 —(a) the words “and no court other than the registering court shall have power to vary or revoke a registered order” in subsection (1) above are subject to any power of the Court of Session on appeal; and]

[F129 (b) for subsection (3) there shall be substituted the following subsection—

“(3) Where the Secretary of State receives from the appropriate authority in a convention country an application by a person in that country for the variation of a registered order, he shall, if the registering court is a sheriff court, send the application, together with any documents accompanying it, to the Secretary of the Law Society of Scotland who shall send the application and any accompanying documents to a solicitor practising in the registering court or to such other solicitor practising in Scotland as appears to the Secretary to be appropriate, for the purpose of enabling the solicitor to take on behalf of the applicant such steps as appear to the solicitor appropriate in respect of the application.”]

Textual Amendments

F125 Words in s. 34(1) inserted (E.W.) (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17), s. 10, Sch. 1 para. 19(1), S.I. 1992/455, art. 2

F126 Words in s. 34(1) inserted (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para. 15(2); S.I. 1993/618, art. 2.

F127 S. 34(3A) inserted (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para. 15(3); S.I. 1993/618, art. 2.

F128 Words inserted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 60(2), 89

F129 S. 34(5)(b) substituted (S.) by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), ss. 45, 46(4), Sch. 3 para. 1(3)

[F130 34A Variation of orders by magistrates’ courts in England and Wales. E+W

(1) The provisions of this section shall have effect in relation to a registered order which is registered in a magistrates’ court in England and Wales (whether or not the court made the order) in place of the following enactments, that is to say—

(a) subsections (3) to (11) of section 60 of the M29 Magistrates’ Courts Act 1980;

(b) section 20ZA of the M30 Domestic Proceedings and Magistrates’ Courts Act 1978; and

(c) paragraph 6A of Schedule 1 to the M31 Children Act 1989.

(2) The power of a magistrates’ court in England and Wales to vary a registered order shall include power, if the court is satisfied that payment has not been made in accordance with the order, to exercise one of its powers under subsection (3) below.

(3) 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 in England and Wales;

(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 in England and Wales, by such method of payment falling within section 59(6) of the Magistrates’ Courts Act 1980 (standing order, etc.) as may be specified;

(c) the power to make an attachment of earnings order under the M32 Attachment of Earnings Act 1971 to secure payments under the order.

(4) In any case where—

(a) a registered order is registered in a magistrates’ court in England and Wales, and

(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 in England and Wales, by any method of payment falling within section 59(6) of the Magistrates’ Courts Act 1980 (standing order, etc.),

an interested party may apply in writing to the clerk of the court in which the order is registered for the order to be varied as mentioned in subsection (5) below.

(5) Subject to subsection (8) below, where an application has been made under subsection (4) above, the clerk, after giving written notice (by post or otherwise) of the application to any other interested party and allowing that party, within the period of 14 days beginning with the date of the giving of that notice, an opportunity to make written representations, may vary the order to provide that payments under the order shall be made in accordance with paragraph (a) of subsection (3) above.

(6) The clerk may proceed with an application under subsection (4) above notwithstanding that any such interested party as is referred to in subsection (5) above has not received written notice of the application.

(7) In subsections (4) to (6) above “interested party”, in relation to an order, means the debtor or the creditor.

(8) Where an application has been made under subsection (4) above, the clerk may, if he considers it inappropriate to exercise his power under subsection (5) above, refer the matter to the court which may vary the order by exercising one of its powers under subsection (3) above.

(9) In deciding, for the purposes of subsections (2) and (8) above, which of the powers under subsection (3) above it is to exercise, the court shall have regard to any representations made by the debtor.

(10) Subsection (4) of section 59 of the M33 Magistrates’ Courts Act 1980 (power of court to require debtor to open account) shall apply for the purposes of subsection (3) 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 34A(3) of the M34 Maintenance Orders (Reciprocal Enforcement) Act 1972, and

(11) In this section “creditor” and “debtor” have the same meaning as they have in section 59 of the Magistrates’ Courts Act 1980.]

Textual Amendments

F130 S. 34A inserted (E.W.) (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17), s. 10, Sch. 1 para. 19(2), S.I. 1992/455, art.2

Marginal Citations

M29 1980 c. 43.

M30 1978 c. 22.

M31 1989 c. 41.

M32 1971 c. 32.

M33 1980 c. 43.

M34 1972 c. 18.

Valid from 04/11/1996

[F131 34B Variation of orders by courts of summary jurisdiction in Northern Ireland. U.K.

(1) The provisions of this section shall have effect in relation to a registered order which is registered in a court of summary jurisdiction in Northern Ireland (whether or not the court made the order) in place of the following enactments, that is to say—

(a) paragraphs (3) to (11) of Article 86 of the Magistrates’ Courts (Northern Ireland) Order 1981; and

(b) Article 22A of the Domestic Proceedings (Northern Ireland) Order 1980.

(2) The power of a court of summary jurisdiction in Northern Ireland to vary a registered order shall include power, if the court is satisfied that payment has not been made in accordance with the order, to exercise one of its powers under subsection (3) below.

(3) The powers of the court are—

(a) the power to order that payments under the order be made directly to the collecting officer;

(b) the power to order that payments under the order be made to the collecting officer by such method of payment falling within Article 85(7) of the Magistrates’ Courts (Northern Ireland) Order 1981 (standing order, etc.) as may be specified;

(c) the power to make an attachment of earnings order under Part IX of the Order of 1981 to secure payments under the order;

and in this subsection “collecting officer” means the officer mentioned in Article 85(4) of the Order of 1981.

(4) In any case where—

(a) a registered order is registered in a court of summary jurisdiction in Northern Ireland, and

(b) payments under the order are required to be made to the collecting officer in Northern Ireland, by any method of payment falling within Article 85(7) of the Magistrates’ Courts (Northern Ireland) Order 1981 (standing order, etc.),

an interested party may apply in writing to the clerk of petty sessions in which the order is registered for the order to be varied as mentioned in subsection (5) below.

(5) Subject to subsection (8) below, where an application has been made under subsection (4) above, the clerk, after giving written notice (by post or otherwise) of the application to any other interested party and allowing that party, within the period of 14 days beginning with the date of the giving of that notice, and opportunity to make written representations, may vary the order to provide that payments under the order shall be made in accordance with paragraph (a) of subsection (3) above.

(6) The clerk may proceed with an application under subsection (4) above notwithstanding that any such interested party as is referred to in subsection (5) above has not received written notice of the application.

(7) In subsections (4) to (6) above “interested party”, in relation to an order, means the debtor or the creditor.

(8) Where an application has been made under subsection (4) above, the clerk may, if he considers it inappropriate to exercise his power under subsection (5) above, refer the matter to the court which may vary the order by exercising one of its powers under subsection (3) above.

(9) In deciding, for the purposes of subsections (2) and (8) above, which of the powers under subsection (3) above it is to exercise, the court shall have regard to any representations made by the debtor.

(10) Paragraph (5) of Article 85 of the Magistrates’ Courts (Northern Ireland) Order 1981 (power of court to require debtor to open account) shall apply for the purposes of subsection (3) above as it applies for the purposes of that Article but as if for sub-paragraph (a) there were substituted—

“(a) the court proposes to exercise its power under paragraph (b) of section 34B(3) of the Maintenance Orders (Reciprocal Enforcement) Act 1972, and”]

Textual Amendments

F131 S. 34B inserted (N.I.) (4.11.1996) by S.I. 1993/1576 (N.I. 6), art. 11, Sch. 1 para. 14(b); S.R. 1996/454, art. 3

[F132 35 Further provisions with respect to variation etc. of orders by magistrates’ courts in England and Wales. U.K.

(1) Notwithstanding anything in section 28(2) or 28A(6)(e) of this Act, a magistrates’ court in England and Wales shall have jurisdiction to hear an application—

(a) for the variation or revocation of a registered order registered in that court, and

(b) made by the person against whom or on whose application the order was made,

notwithstanding that the person by or against whom the application is made is residing outside England and Wales.

(2) None of the powers of the court, or of the clerk of the court, under section 34A of this Act shall be exercisable in relation to such an application.

(3) Where the respondent to an application for the variation or revocation of a registered order which is registered in a magistrates’ court in England and Wales does not appear at the time and place appointed for the hearing of the application, but the court is satisfied—

(a) that the respondent is residing outside England and Wales, and

(b) that the prescribed notice of the making of the application and of the time and place appointed for the hearing has been given to the respondent in the prescribed manner,

the court may proceed to hear and determine the application at the time and place appointed for the hearing or for any adjourned hearing in like manner as if the respondent had appeared at that time and place.]

Textual Amendments

F132 Ss. 35, 35A substituted (5.4.1993) for s. 35 by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para.16; S.I. 1993/618, art.2

F133 35A Further provisions with respect to variation etc. of orders by magistrates’ courts in Northern Ireland. U.K.

(1) Notwithstanding anything in section 29 or 29A(3)(e) of this Act, a magistrates’ court in Northern Ireland shall have jurisdiction to hear an application for the variation or revocation of a registered order registered in that court, being—

(a) an application made by the person against whom or on whose application the order was made, or

(b) an application made by some other person in pursuance of section 30(5) of this Act for the variation of an affiliation order,

notwithstanding that the person by or against whom the application is made is residing outside Northern Ireland.

(2) Where an application by a person in a convention country for the variation of a registered order is received from the Lord Chancellor by the clerk of a magistrates’ court in Northern Ireland, he shall treat the application as if it were a complaint for the variation of the order to which the application relates, and the court hearing the application shall proceed as if the application were a complaint and the applicant were before the court.

(3) Without prejudice to subsection (2) above, an application to a magistrates’ court in Northern Ireland for the variation or revocation of a registered order shall be made by complaint.

(4) Where the defendant to a complaint for the variation or revocation of a registered order which is registered in a magistrates’ court in Northern Ireland does not appear at the time and place appointed for the hearing of the complaint, but the court is satisfied—

(a) that the defendant is residing outside Northern Ireland, and

(b) that the prescribed notice of the making of the complaint and of the time and place appointed for the hearing has been given to the defendant in the prescribed manner,

the court may proceed to hear and determine the complaint at the time and place appointed for the hearing or for any adjourned hearing in like manner as if the defendant had appeared at that time and place.

Textual Amendments

F133 Ss. 35, 35A substituted (5.4.1993) for s. 35 by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para.16; S.I. 1993/618, art.2

Supplemental U.K.

36 Admissibility of evidence given in convention country. U.K.

(1) A statement contained in—

(a) a document, duly authenticated, which purports to set out or summarise evidence given in proceedings in a court in a convention country; or

(b) a document, duly authenticated, which purports to set out or summarise evidence taken in such a country for the purpose of proceedings in a court in the United Kingdom under this Part of this Act, whether in response to a request made on behalf of such a court or otherwise; or

(c) a document, duly authenticated, which purports to have been received in evidence in proceedings in a court in such a country, or to be a copy of a document so received,

shall, in any proceedings in a magistrates’ court or [F134 in, or remitted from, a] sheriff court arising out of an application [F135 to which section 27A(1) of this Act applies, an application received by the Lord Chancellor as mentioned in section 28C(1) of this Act, an application received by the Secretary of State as mentioned in section 31(1) of this Act or] an application made by any person for the variation or revocation of a registered order or in proceedings on appeal from any such proceedings, be admissible as evidence of any fact stated therein to the same extent as oral evidence of that fact is admissible in those proceedings.

(2) A document purporting to set out or summarise evidence given as mentioned in subsection (1)(a) above, or taken as mentioned in subsection (1)(b) above, shall be deemed to be duly authenticated for the purposes of that subsection if the document purports to be certified by the judge, magistrate or other person before whom the evidence was given or, as the case may be, by whom it was taken, to be the original document containing or recording, or, as the case may be, summarising, that evidence or a true copy of that document.

(3) A document purporting to have been received in evidence as mentioned in subsection (1)(c) above, or to be a copy of a document so received, shall be deemed to be duly authenticated for the purposes of that subsection if the document purports to be certified by a judge, magistrate or officer of the court in question to have been, or to be a true copy of a document which has been, so received.

(4) It shall not be necessary in any such proceedings to prove the signature or official position of the person appearing to have given such a certificate.

(5) Nothing in this section shall prejudice the admission in evidence of any document which is admissible in evidence apart from this section.

Textual Amendments

F134 Words inserted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 60(3), 89

F135 Words in s. 36(1) substituted (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para.17; S.I. 1993/618, art. 2

37 Obtaining of evidence for purpose of proceedings in United Kingdom court. U.K.

(1) A court in the United Kingdom may for the purpose of any proceedings in that court under this Part of this Act arising out of an application received by the Secretary of State from a convention country request the Secretary of State to make to the appropriate authority or court in the convention country a request for the taking in that country of the evidence of a person residing therein relating to matters connected with the application.

(2) A request made by a court under this section shall—

(a) give details of the application in question;

(b) state the name and address of the person whose evidence is to be taken; and

(c) specify the matters relating to which the evidence of that person is required.

(3) If the Secretary of State is satisfied that a request made to him under this section contains sufficient information to enable the evidence of the person named in the request relating to the matters specified therein to be taken by a court or person in the convention country, he shall transmit the request to the appropriate authority or court in that country.

38 Taking of evidence at request of court in convention country. U.K.

(1) Where a request is made to the Secretary of State by or on behalf of a court in a convention country to obtain the evidence of a person residing in the United Kingdom relating to matters connected with an application to which section 26 of this Act applies, the Secretary of State shall request such court, or such officer of a court, as he may determine to take the evidence of that person relating to such matters connected with that application as may be specified in the request.

(2) The court by which or officer by whom a request under subsection (1) above is received from the Secretary of State shall have power to take the evidence and, after giving notice of the time and place at which the evidence is to be taken to such persons and in such manner as it or he thinks fit, shall take the evidence of the person named in the request relating to the matters specified therein in such manner as may be prescribed; and the evidence so taken shall be sent in the prescribed manner by the prescribed officer to the court in the convention country by or on behalf of which the request referred to in subsection (1) above was made.

(3) Where any person, not being the person by whom the application mentioned in subsection (1) above was made, is required by virtue of this section to give evidence before a court in the United Kingdom, the court may order that there shall be paid—

(a) if the court is a court in England, Wales or Scotland, out of moneys provided by Parliament; and

(b) if the court is a court in Northern Ireland, out of moneys provided by [F136 Parliament],

such sums as appear to the court reasonably sufficient to compensate that person for the expense, trouble or loss of time properly incurred in or incidental to his attendance.

[F137 (4) Section 97(1), (3) and (4) of the M35 Magistrates’ Courts Act 1980] (which provide for compelling the attendance of witnesses, etc.) shall apply in relation to a magistrates’ court to which a request under subsection (1) above is made as if the application to which the request relates were a complaint to be heard by that court.

(5) Paragraphs 71 and 73 of Schedule 1 to the M36 Sheriff Courts (Scotland) Act 1907 (which provide for the citation of witnesses, etc.) shall apply in relation to a sheriff court to which a request under subsection (1) above is made as if the application to which the request relates were proceedings in that court.

(6) In the application of this section to Northern Ireland, in subsection (4), for the reference to [F137 section 97(1), (3) and (4) of the Magistrates’ Courts Act 1980] there shall be substituted a reference to [F138 Articles 118(1), (3) and (4), 119 and 120 of the Magistrates’ Courts (Northern Ireland) Order 1981].

Textual Amendments

F136 Word substituted by S.I. 1973/2163, Sch. 5 para. 22.

F137 Words substituted by Magistrates' Courts Act 1980 (c. 43), s. 154, Sch. 7 para. 109

F138 Words substituted by S.I. 1981/1675 (N.I. 26), Sch. 6 Pt. I para. 25

Marginal Citations

M35 1980 c. 43.

M36 1907 c. 51.

[F139 38A Magistrates’ courts rules. U.K.

(1) Without prejudice to the generality of the power to make rules under section 144 of the Magistrates’ Courts Act 1980 (magistrates’ courts rules), such rules may make provision with respect to the orders made or other things done by a magistrates’ court, or an officer of such a court, by virtue of this Part of this Act, notice of which is to be given to such persons as the rules may provide and the manner in which such notice shall be given.

(2) For the purpose of giving effect to this Part of this Act, rules made under section 144 of the Magistrates’ Courts Act 1980 may make, in relation to any proceedings brought under or by virtue of this Part of this Act, any provision not covered by subsection (1) above which—

(a) falls within subsection (2) of section 93 of the Children Act 1989, and

(b) may be made in relation to relevant proceedings under that section.

(3) In the application of this section to Northern Ireland—

(a) in subsection (1), for the reference to section 144 of the Magistrates’ Courts Act 1980 there shall be substituted a reference to Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981, and

(b) subsection (2) shall be omitted.]

Textual Amendments

F139 S. 38A inserted (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para.18; S.I. 1993/618, art.2

39 Interpretation of Part II. U.K.

In this Part of this Act—

• “maintenance”, as respects Scotland, [F140 includes aliment and any sums which are payable, following divorce, [F141 by one former spouse for the support of the other]];

• [F142 “maintenance order” has the same meaning as in Part I of this Act;]

• “order”, as respects Scotland, includes any interlocutor, and any decree or provision contained in an interlocutor;

• “prescribed” has the same meaning as in Part I of this Act;

• “registered order” means an order which is for the time being registered in a court in the United Kingdom under this Part of this Act;

• “registering court”, in relation to a registered order, means the court in which that order is for the time being registered under this Part of this Act.

• [F143 “revoke” and “revocation” include discharge.]

Textual Amendments

F140 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22). ss. 60(4), 89

F141 Words substituted by Family Law (Scotland) Act 1985 (c. 37, SIF 49:3), ss. 28(1), 29(4), Sch. 1 para. 7

F142 Definition in s. 39 inserted (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para.19; S.I. 1993/618, art.2

F143 Definition in s. 39 added (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para.19; S.I. 1993/618, art.2

Part III U.K. Miscellaneous and Supplemental

Further provisions relating to enforcement of maintenance orders and to applications for recovery of maintenance U.K.

40 Power to apply Act to maintenance orders and applications for recovery of maintenance made in certain countries. U.K.

Where Her Majesty is satisfied—

(a) that arrangements have been or will be made in a country or territory outside the United Kingdom to ensure that maintenance orders made by courts in the United Kingdom . . . F144 can be enforced in that country or territory or that applications by persons in the United Kingdom for the recovery of maintenance from persons in that country or territory can be entertained by courts in that country or territory; and

(b) that in the interest of reciprocity it is desirable to ensure that maintenance orders made by courts in that country or territory . . . F145 can be enforced in the United Kingdom or, as the case may be, that applications by persons in that country or territory for the recovery of maintenance from persons in the United Kingdom can be entertained by courts in the United Kingdom,

Her Majesty may by Order in Council make provision for applying the provisions of this Act, with such exceptions, adaptations and modifications as may be specified in the Order, to such orders or applications as are referred to in paragraphs (a) and (b) above and to maintenance and other orders made in connection with such applications by courts in the United Kingdom or in that country or territory.

Textual Amendments

F144 Words repealed by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, 54, Sch. 11 Pt. III para. 17(a), Sch. 14

F145 Words repealed by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, 54, Sch. 11 Pt. III para. 17(b), Sch. 14

Provisions with respect to certain orders of magistrates’ courts U.K.

[F146 41 Complaint for variation, etc. of certain orders by or against persons outside England and Wales. S+N.I.

(1) The jurisdiction to revoke, revive or vary an order for the periodical payment of money conferred on magistrates’ courts by [F147 section 60 of the M37 Magistrates’ Courts Act 1980]] shall, in the case of—

[F148 an affiliation order]

be exercisable notwithstanding that the proceedings for the revocation, revival or variation, as the case may be, of the order are brought by or against a person residing outside England and Wales.

[F149 (2) The jurisdiction to revoke or vary an order for the periodical payment of money conferred on magistrates’ courts by sections 9, 10 or 11 of the M38 Guardianship of Minors Act 1971 shall be exercisable notwithstanding that the proceedings for the revocation or variation of the order are brought by or against a person residing outside England and Wales.

(2A) Subject to subsection (2B) below, a magistrates’ court may, if it is satisfied that the respondent has been outside the United Kingdom during such period as may be prescribed by rules made under [F147 section 144 of the M39 Magistrates’ Courts Act 1980], proceed on—

(a) an application made under [F147 section 60 of the Magistrates’ Courts Act 1980] for the revocation, revival or variation of an affiliation order, or

(b) an application made under section 9, 10, 11 or 12C(5) of the Guardianship of Minors Act 1971 for the revocation, revival or variation of an order for the periodical payment of money made under the said section 9, 10 or 11,

notwithstanding that the respondent has not been served with the summons; and rules may prescribe any other matters as to which the court is to be satisfied before proceeding in such a case.

(2B) A magistrates’ court shall not—

(a) exercise its powers under [F147 section 60 of the Magistrates’ Courts Act 1980] so as to increase the amount of any periodical payments required to be made by any person under an affiliation order; or

(b) exercise its powers under section 9, 10 or 11 of the Guardianship of Minors Act 1971 so as to increase the amount of any periodical payments required to be made by any person by an order under one of those sections,

unless those powers are exercised at a hearing at which the person required to make the periodical payment appears or the requirements of [F147 section 55(3) of the Magistrates’ Courts Act 1980] with respect to proof of service of summons or appearance on a previous occasion are satisfied in respect of that person.]

X2 (3) In section 15(1) of the M40 Maintenance Orders Act 1950 (service of process on a person residing in Scotland or Northern Ireland), after the words “Act 1971” there shall be inserted the words “or section 41 of the Maintenance Orders (Reciprocal Enforcement) Act 1972”.

X2 (4) Section 3(3) of the said Act of 1950 (jurisdiction in proceedings by or against a person residing in Scotland or Northern Ireland for the revocation, etc., of an affiliation order) is hereby repealed.

Editorial Information

X2 The text of ss. 41(3)(4), 42(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.

Textual Amendments

F146 S. 41 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2).

F147 Words substituted by Magistrates' Courts Act 1980 (c. 43), s. 154, Sch. 7 para. 110

F148 Words substituted for s. 41(1)(a)(b) by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 36(a)

F149 S. 41(2)(2A)(2B) substituted for s. 41(2) by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 36(b)

Marginal Citations

M37 1980 c. 43.

M38 1971 c. 3.

M39 1980 c. 34.

M40 1950 c. 37.

42 Provisional order for maintenance of party to marriage made by magistrates’ court to cease to have effect on remarriage of party. U.K.

(1) Where a magistrates’ court has, by virtue of section 3 of this Act, made a provisional maintenance order consisting of, or including, a provision such as is mentioned in [F150 section 2(1)(a) of the M41 Domestic Proceedings and Magistrates’ Courts Act 1978 (making of periodical payments by husband or wife)][F151 or Article 4(1)(a) of the M42 Domestic Proceedings (Northern Ireland) Order 1980] and the order has been confirmed by a competent court in a reciprocating country, then, if after the making of that order the marriage of the parties to the proceedings in which the order was made is dissolved or annulled but the order continues in force, that order or, as the case may be, that provision thereof shall cease to have effect on the remarriage of the party in whose favour it was made, except in relation to any arrears due under it on the date of such remarriage and shall not be capable of being revived.

(2) For the avoidance of doubt it is hereby declared that references in this section to remarriage include references to a marriage which is by law void or voidable.

X3 (3) In section 30(2) of the M43 Matrimonial Proceedings and Property Act 1970 (which makes, in relation to such an order as is referred to in subsection (1) above which was confirmed in accordance with section 3 of the M44 Maintenance Orders (Facilities for Enforcement) Act 1920, provision to the like effect as that subsection) the words from “but with the modification” to the end are hereby repealed.

Editorial Information

X3 The text of ss. 41(3)(4), 42(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.

Textual Amendments

F150 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 37

F151 Words inserted by S.I. 1980/564, art. 4(6)

Marginal Citations

M41 1978 c. 22.

M42 S.I. 1980/563 (N.I. 15).

M43 1970 c. 45.

M44 1920 c. 33.

Supplemental provisions U.K.

43

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F152

(2),(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F153

Textual Amendments

F152 S. 43(1) repealed by Legal Aid Act 1974 (c. 4), Sch. 5 Pt. I

F153 S. 43(2)(3) repealed by S.I. 1981/228 (N.I. 8), Sch. 4

[F154 43A Eligibility for Legal Aid in Scotland. U.K.

(1) In connection with proceedings under Part I of this Act in relation to a maintenance order made by a court in a reciprocating country, where there is produced a certificate from the responsible authority in that country to the effect that the payee would, in that country, be financially eligible for complete or partial—

(i) legal aid; or

(ii) exemption from costs or expenses, in proceedings there in relation to that maintenance order, [F155 section 2(1) and (6)(c), 3 and 4 of the M45 Legal Aid (Scotland) Act 1967][F155 sections 15 and 17 of the Legal Aid (Scotland) Act 1986] shall not apply in respect of the payee and, subject to the other provisions of that Act. legal aid shall under that Act be available to the payee without inquiry into the payee’s resources.

(2) In connection with proceedings under Part II of this Act—

(a) arising out of an application received from a convention country for the recovery of maintenance; or

(b) relating to an order made in respect of such an application,

where there is produced a certificate from the appropriate authority in that county to the effect that the applicant would, in that country, be financially eligible for complete or partial—

(i) legal aid; or

(ii) exemption from costs or expenses, in proceedings there for the recovery of maintenance, [F156 sections 2(1) and (6)(c), 3 and 4 of the said Act of 1967][F156 sections 15 and 17 of the said Act of 1986] shall not apply in respect of the applicant and, subject to the other provisions of that Act, legal aid shall under that Act be available to the applicant without inquiry into the applicant’s resources.

(3) Where, in connection with proceedings under Part I or II of this Act, a person has received legal aid by virtue of subsection (1) or (2) above, [F157 legal advice and assistance under the M46 Legal Advice and Assistance Act 1972 shall, notwithstanding—

(i) any finanacial conditions imposed by, or by virtue of sections 1 and 4(2), (3) and (4); and

(ii) in relation to the effect of subsections (1) to (4) and (7) of section 4 of the said Act of 1967, the provisions of section 6(1)(b), of the said Act of 1972 (but subject otherwise to the provisions of the said Act of 1972)][F157 advice and assistance under the said Act of 1986, shall, notwithstanding any financial conditions or requirements to make contributions imposed by sections 8 and 11 of that Act,], be available in Scotland for that person, without inquiry into his resources, in connection with any matter incidental to, or arising out of, those proceedings.

(4) In subsection (1) above “maintenance order”, “reciprocating country”, “responsible authority” and “payee” have the same meanings respectively as in Part I of this Act; and in subsection (2) above “convention country” means a country or territory specified in an Order in Council under section 25(1) of this Act, “maintenance” has the same meaning as in Part II of this Act, and “appropriate authority” means the authority from which the Secretary of State received the application.]

Textual Amendments

F154 S. 43A inserted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 61, 89

F155 Words substituted (S.) by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), ss. 45, 46(4), Sch. 3 para. 2(2)

F156 Words substituted (S.) by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), ss. 45, 46(4), Sch. 3 para. 2(3)

F157 Words substituted (S.) by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), ss. 45, 46(4), Sch. 3 para. 2(4)

Marginal Citations

M45 1967 c. 43.

M46 1972 c. 50

44 Exclusion of certain enactments relating to evidence. U.K.

(1) Section 20 of the M47 Family Law Reform Act 1969 (power of court hearing certain proceedings to require use of blood tests to determine paternity) and any corresponding enactment of the Parliament of Northern Ireland shall not apply to any proceedings under this Act, but the foregoing provision is without prejudice to the power of a court to allow the the report of any person who has carried out such tests to be given in evidence in those proceedings.

(2) [F158 The M48 Evidence (Proceedings in Other Jurisdictions) Act 1975] shall not apply to the taking of evidence in the United Kingdom for the taking of which section 14 or section 38 of this Act provides.

Textual Amendments

F158 Words substituted by Evidence (Proceedings in Other Jurisdictions) Act 1975 (c. 34), Sch. 1

Marginal Citations

M47 1969 c. 48.

M48 1975 c. 34.

45 Orders in Council. U.K.

(1) An Order in Council under section 1, section 25 or section 40 of this Act may be varied or revoked by a subsequent Order in Council thereunder, and an Order made by virtue of this section may contain such incidental, consequential and transitional provisions as Her Majesty considers expedient for the purposes of that section.

(2) An Order in Council made under the said section 1 or the said section 40 shall be subject to annulment in pursuance of a resolution of either House of Parliament.

46 Financial provisions. U.K.

There shall be paid out of moneys provided by Parliament—

(a) any sums ordered by a court under section 14(2) or 38(3) of this Act to be paid out of moneys so provided; and

(b) any increase attributable to the provisions of this Act in the sums payable under [F159 the M49 Legal Aid Act 1974] or the M50 Legal Aid (Scotland) Act 1967 out of moneys so provided.

Textual Amendments

F159 Words substituted by virtue of Legal Aid Act 1974 (c. 4), s. 42(3)

Marginal Citations

M49 1974 c. 4.

M50 1967 c. 43.

47 Interpretation: general. U.K.

(1) In this Act—

• “enactment” includes an enactment of the Parliament of Northern Ireland;

• “magistrates’ court”, in relation to Northern Ireland, means a court of summary jurisdiction within the meaning of [F160 Article 2(2)(a) of the Magistrates’ Courts (Northern Ireland) Order 1981].

(2) References in this Act to a part of the United Kingdom are references to England and Wales, to Scotland, or to Northern Ireland.

(3) Any reference in this Act to the jurisdiction of a court, where the reference is [F161 to assets being located or] to a person residing, . . . F162 , within the jurisdiction of a court, shall be construed in relation to a magistrates’ court in England and Wales as a reference to the petty sessions area, and in relation to a magistrates’ court in Northern Ireland as a reference to the petty sessions district, for which the court acts.

(4) Any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied, by or under any other enactment.

Textual Amendments

F160 Words substituted by S.I. 1981/1675 (N.I. 26), Sch. 6 Pt. I para. 26

F161 Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 18

F162 Words repealed by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, 54, Sch. 11 Pt. III para. 18, Sch. 14

Modifications etc. (not altering text)

C25 Reference to an enactment of the Parliament of Northern Ireland to be construed as including a reference to a Measure of the Northern Ireland Assembly: Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 1

48 Special provisions relating to Northern Ireland. U.K.

(1) Nothing in this Act shall authorise any Department of the Government of Northern Ireland to incur any expenses attributable to the provisions of this Act until provision has been made by the Parliament of Northern Ireland for those expenses to be defrayed out of moneys provided by that Parliament.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F163

(3) Any reference in this Act to an enactment of the Parliament of Northern Ireland or to an enactment which that Parliament has power to amend, shall be construed, in relation to Northern Ireland, as a reference to that enactment as amended or extended by any Act of that Parliament, whether passed before or after this Act, and to any enactment of that Parliament passed after this Act and re-enacting the said enactment with or without modifications.

(4) If the Parliament of Northern Ireland passes any enactment for purposes similar to those of any enactment in force in England and Wales which is referred to in this Act, Her Majesty may by Order in Council direct that this Act shall have effect subject to such modifications or adaptations as may be specified in the Order for the purpose of ensuring the continued operation of this Act in, or in relation to, Northern Ireland.

(5) Section 45 of this Act shall apply in relation to an Order in Council under subsection (4) above as it applies in relation to an Order in Council under section 1 or 40 of this Act.

Textual Amendments

F163 S. 48(2) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

Modifications etc. (not altering text)

C26 Reference to an enactment of the Parliament of Northern Ireland to be construed as including a reference to a Measure of the Northern Ireland Assembly: Northern Ireland Constitution Act 1973 (c. 36), Sch, 5 para. 1

49 Short title and commencement. U.K.

(1) This Act may be cited as the Maintenance Orders (Reciprocal Enforcement) Act 1972.

(2) This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions of this Act, or for different purposes.

Subordinate Legislation Made

P1 Power of appointment conferred by s. 49(2) partly exercised: S.I. 1974/517, 1975/377 (Act wholly in force except for s. 22(2))

Section 22.

X4 SCHEDULE U.K. Consequential and Minor Amendments

Editorial Information

X4 The text of the Schedule is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

1 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F164

Textual Amendments

F164 Sch. para. 1 repealed by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 3

M51 The Army Act 1955 and the Air Force Act 1955 U.K.

Marginal Citations

M51 1955 c. 18.

2 U.K. Section 150 of the M52 Army Act 1955 and section 150 of the Air Force Act 1955 (enforcement of maintenance, etc. orders by deduction from pay) shall each be amended by the insertion, in subsection (5), at the end of the first paragraph of the words “ and to an order registered in such a court under Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 ”.

Marginal Citations

M52 1955 c. 19.

M53 The Naval Discipline Act 1957 U.K.

Marginal Citations

M53 1957 c. 53.

3 U.K. In section 101 of the Naval Discipline Act 1957 (service of process in proceedings for maintenance, etc.) in subsection (5), after the words “Act, 1920” there shall be inserted the words “ or registered in such a court under Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 ”.

4 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F165

Textual Amendments

F165 Sch. para. 4 repealed by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 52, 54, Sch. 14

M54 The Maintenance and Affiliation Orders Act (Northern Ireland) 1966 U.K.

Marginal Citations

M54 1966 c. 35 (N.I.).

5 U.K. In section 10 of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (orders to which Part II of that Act applies)—

(a) in subsection (2), after the word “means” there shall be inserted the words “ an order made outside the United Kingdom and registered in a court of summary jurisdiction in Northern Ireland under Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 or ”; and

(b) at the end there shall be inserted the following subsection:—

“(5) For the purposes of this Part an order made outside the United Kingdom and registered in a court of summary jurisdiction in Northern Ireland under Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 shall be deemed to be a maintenance order made by that court”

M55 The Administration of Justice Act 1970 U.K.

Marginal Citations

M55 1970 c. 31.

6 U.K. At the end of Schedule 8 to the Administration of Justice Act 1970 (maintenance orders to which Part I of the Maintenance Orders Act 1958 applies) there shall be inserted the following paragraph:—

“11 A maintenance order within the meaning of Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 registered in a magistrates’ court under the said Part I.”

M56 The Attachment of Earnings Act 1971 U.K.

Marginal Citations

M56 1971 c. 32.

7 U.K. At the end of Schedule 1 to the Attachment of Earnings Act 1971 (maintenance orders to which that Act applies) there shall be inserted the following paragraph:—

“11 A maintenance order within the meaning of Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 registered in a magistrates’ court under the said Part I.”