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Domestic Proceedings and Magistrates’ Courts Act 1978

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32 Enforcement etc. of orders for payment of money.E+W

[F1(1)An order for the payment of money made by a magistrates’ court under this Part of this Act shall be enforceable as a magistrates’ court maintenance order.]

(2)Without prejudice to [F2section 59 of the Magistrates’ Courts Act 1980] (which relates to the power of a magistrates’ court to direct periodical payments to be made through [F3a justices’ chief executive]), a magistrates’ court making an order under this Part of this Act for the making of a periodical payment by one person to another may direct that it shall be made to some third party on that other person’s behalf instead of directly to that other person; and, for the purposes of any order made under this Part of this Act, [F2the said section 59] shall have effect as if, in [F4subsection (7)] thereof, for the words [F4“the person who applied for the maintenance order ”] there were substituted the words “the person to whom the payments under the order fall to be made ”.

(3)Any person for the time being under an obligation to make payments in pursuance of any order for the payment of money made under this Part of this Act shall give notice of any change of address to such person, if any, as may be specified in the order; and any person who without reasonable excuse fails to give such a notice shall be liable on summary conviction to a fine not exceeding [F5level 2 on the standard scale].

(4)A person shall not be entitled to enforce through the High Court or any county court the payment of any arrears due under an order made by virtue of this Part of this Act without the leave of that court if those arrears became due more than twelve months before proceedings to enforce the payment of them are begun.

(5)The court hearing an application for the grant of leave under subsection (4) above 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 that court thinks proper, or may remit the payment of such arrears or any part thereof.

(6)An application for the grant of leave under subsection (4) above shall be made in such manner as may be prescribed by rules.

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F3Words in s. 32(2) substituted (1.4.2001) by 1999 c. 22, s. 92, Sch. 13 para. 92 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with transitional provisions in Schs. 1, 2)

F4Words in s. 32(2) substituted (1.4.1992) by Maintenance Enforcement Act 1991 ( c. 17, SIF 49:3), s. 11(1), Sch. 2 para. 3; S.I. 1992/455, art. 2.

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