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Maintenance Orders Act 1958

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1 Application of Part I. E+W

(1)The provisions of this Part of this Act shall have effect for the purpose of enabling maintenance orders to which this Part of this Act applies to be registered—

(a)in the case of an order made by the High Court or a county court, in a magistrates’ court; and

(b)in the case of an order made by a magistrates’ court, in the High Court,

and, subject to those provisions, while so registered—

(i)to be enforced in like manner as an order made by the court of registration; and

(ii)in the case of an order registered in a magistrates’ court, to be varied by a magistrates’ court.

[F1(1A)In the following provisions of this Act “maintenance order” means any order specified in Schedule 8 to the M1Administration of Justice Act 1970.]

[F2(2)For the purposes of subsection (1) above, a maintenance order made by a court in Scotland or Northern Ireland and registered in England under Part II of the Maintenance Orders Act 1950 shall be deemed to have been made by the court in England in which it is so registered.

(2A)This Part of this Act applies—

(a)to maintenance orders made by the High Court or a county court, or a magistrates’ court, other than orders registered in Scotland or Northern Ireland under Part II of the Maintenance Orders Act 1950, and

(b)to maintenance orders made by a court in Scotland or Northern Ireland and registered in England under Part II of the Maintenance Orders Act 1950.]

(3)Without prejudice to the provisions of section twenty-one of this Act, in this Part of this Act, unless the context otherwise requires, the following expressions have the following meanings—

  • High Court order”, “county court order” and “magistrates’ court order” mean an order made by the High Court, a county court or a magistrates’ court, as the case may be;

  • order” means a maintenance order to which this Part of this Act applies;

  • original court” and “court of registration”, in relation to an order, mean the court by which the order was made or, as the case may be, the court in which the order is registered;

  • registered” means registered in accordance with the provisions of this Part of this Act, and “registration” shall be construed accordingly;

and for the purposes of this Part of this Act an order for the payment by the defendant of any costs incurred in proceedings relating to a maintenance order, being an order for the payment of costs made while the maintenance order is not registered, shall be deemed to form part of that maintenance order.

[F3(4)For the purposes of this section a maintenance order [F4which is registered in a magistrates’ court under Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 or Part I of the Civil Jurisdiction and Judgments Act 1982][F5or Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters]shall be deemed to be a maintenance order made by that court.]

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Amendments (Textual)

F2S. 1(2)(2A) substituted for s. 1(2) by Administration of Justice Act 1977 (c. 38, SIF 37), s. 3, Sch. 3 para. 1, with effect in relation to the enforcement in one part of the United Kingdom of maintenance orders made in another part.

F5Words in s. 1(4) inserted (1.3.2002) by S.I. 2001/3929, arts. 1, 5, Sch. 3 para. 5

Modifications etc. (not altering text)

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