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Access to Justice Act 1999

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This is the original version (as it was originally enacted).

The Maintenance Orders Act 1950 (c. 37)

12Part II of the Maintenance Orders Act 1950 (enforcement of certain maintenance orders made in another part of the United Kingdom) has effect subject to the following amendments.

13(1)Section 18 (enforcement of registered orders) is amended as follows.

(2)In subsection (2ZA) (application of section 76 of the [1980 c. 43.] Magistrates' Courts Act 1980), in the subsection to be regarded as substituted as subsection (5) of that section, for—

(a)“the clerk of the court or the clerk of any other magistrates' court”, and

(b)“the clerk of the court, or to the clerk of any other magistrates' court,”,

substitute “a justices' chief executive”.

(3)In subsection (2A) (requirement of person liable under order to notify change of address to clerk of the court), for “clerk” substitute “proper officer”.

(4)After that subsection insert—

(2B)In subsection (2A) of this section “proper officer” means—

(a)in relation to a court of summary jurisdiction in England and Wales, the justices' chief executive for the court; and

(b)in relation to a court of summary jurisdiction in Northern Ireland, the clerk of the court.

14(1)Section 22 (discharge and variation of registered orders) is amended as follows.

(2)In subsection (1B) (powers of court), for—

(a)“the clerk of the court or the clerk of any other magistrates' court in England and Wales”, and

(b)“the clerk of the court, or to the clerk of any other magistrates' court in England and Wales,”,

substitute “a justices' chief executive”.

(3)In subsection (1E) (application of section 60 of the [1980 c. 43.] Magistrates' Courts Act 1980)—

(a)in paragraph (a), in the paragraph to be regarded as substituted for subsection (4)(b) of that section, for “the clerk of the court, or to the clerk of any other magistrates' court,” substitute “a justices' chief executive”, and

(b)in paragraph (b) (words to be regarded as replaced in subsection (5) of that section), for “clerk”” substitute “justices' chief executive for the court””.

15In section 24(5A)(b) (order requiring payment to the clerk of a magistrates' court to cease to have effect on cancellation of registration of order), for “the clerk of a magistrates' court in England and Wales” substitute “a justices' chief executive”.

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