77(1)Section 1 of the Maintenance Enforcement Act 1991 (High Court and county court maintenance orders) is amended as follows.U.K.
(2)For “a county court”, in each place, substitute “ the family court ”.
(3)After subsection (1) insert—
“(1A)Where the family court makes a qualifying periodical maintenance order, it may at the same time exercise any of its powers under subsection (4A) below in relation to the order, whether of its own motion or on an application made under this subsection by an interested party.”
(4)After subsection (3) insert—
“(3A)Where the family court has made a qualifying periodical maintenance order, it may at any later time—
(a)on an application made under this subsection by an interested party, or
(b)of its own motion, in the course of any proceedings concerning the order,
exercise any of its powers under subsection (4A) below in relation to the order.”
(5)After subsection (4) insert—
“(4A)The powers mentioned in subsections (1A) and (3A) above are—
(a)the power to order that payments under the qualifying periodical maintenance order in question be made to the court;
(b)the power to order that payments under the qualifying periodical maintenance order in question required to be made to the court are to be so made by such method of payment falling within subsection (5) below as the court may specify in the particular case; or
(c)the power to order that payments under the qualifying periodical maintenance order in question be made in accordance with arrangements for their collection made by the Secretary of State under section 30 of the Child Support Act 1991 and regulations made under that section.”
(6)In subsection (5) (methods of payment) after paragraph (b) insert “; or
(c)any method of payment specified in regulations made by the Lord Chancellor.”
(7)In subsection (6)(a) after “(4) above” insert “ or under paragraph (b) of subsection (4A) above ”.
(8)In subsection (7) (powers where order made under subsection (4)(a))—
(a)for “or (3)” substitute “ , (1A), (3) or (3A) ”, and
(b)after “(4)(a)” insert “ or (4A) ”.
(9)After subsection (8) insert—
“(8A)No order made by the family court under subsection (4) or (4A)(a) or (b) above has effect at any time when the Secretary of State is, under section 30 of the Child Support Act 1991 and regulations made under that section, arranging for the collection of payments under the qualifying periodical maintenance order in question.”
(10)After subsection (10) insert—
“(11)The power of the Lord Chancellor to make regulations under subsection (5)(c) above is exercisable by statutory instrument, and a statutory instrument containing regulations under subsection (5)(c) is subject to annulment in pursuance of a resolution of either House of Parliament.”
(11)In the title, and in the preceding italic heading, for “county courts” substitute “ family court ”.
Commencement Information
I1Sch. 10 para. 77 in force at 22.4.2014 by S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)