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Maintenance Orders Act 1958

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2 Registration of orders. E+W

(1)A person entitled to receive payments under a High Court or county court order may apply for the registration of the order to the original court, and the court may, if it thinks fit, grant the application.

(2)Where an application for the registration of such an order is granted—

(a)no proceedings shall be begun, and no writ, warrant or other process shall be issued, for the enforcement of the order before the registration of the order or the expiration of the prescribed period from the grant of the application, whichever first occurs; and

(b)the original court shall, on being satisfied within the period aforesaid by the person who made the application that no such proceedings or process begun or issued before the grant of the application remain pending or in force, cause a certified copy of the order to be sent to [F1justices’ chief executive for] of the magistrates’ court acting for the petty sessions area in which the defendant appears to be;

but if at the expiration of the period aforesaid the original court has not been so satisfied, the grant of the application shall become void.

(3)A person entitled to receive payments under a magistrates’ court order who considers that the order could be more effectively enforced if it were registered may apply for the registration of the order to the original court, and the court [F2may, if it thinks fit, grant the application].

[F3(3A)Without prejudice to subsection (3) of this section, where a magistrates’ court order provides both for the payment of a lump sum and for the making of periodical payments, a person entitled to receive a lump sum under the order who considers that, so far as it relates to that sum, the order could be more effectively enforced if it were registered may apply to the original court for the registration of the order so far as it so relates, and the court may, if it thinks fit, grant the application.

(3B)Where an application under subsection (3A) of this section is granted in the case of a magistrates’ court order, the provisions of this Part of this Act shall have effect in relation to that order as if so far as it relates to the payment of a lump sum it were a separate order.]

(4)Where an application for the registration of a magistrates’ court order is granted—

(a)no proceedings for the enforcement of the order shall be begun before the registration takes place and no warrant or other process for the enforcement thereof shall be issued in consequence of any such proceedings begun before the grant of the application;

(b)F4. . .and

(c)the original court shall, on being satisfied in the prescribed manner that no process for the enforcement of the order issued before the grant of the application remains in force, cause a certified copy of the order to be sent to the prescribed officer of the High Court.

(5)The officer [F5of, or justices’ chief executive for,] a court who receives a certified copy of an order sent to him under this section shall cause the order to be registered in that court.

[F6(6)Where a magistrates’ court order is registered under this Part of this Act in the High Court, then—

(a)if payments under the magistrates’ court order are required to be made (otherwise than to [F7a justices’ chief executive]] by any method of payment falling within section 59(6) of the Magistrates’ Courts Act 1980 (standing order, etc.), any order requiring payment by that method shall continue to have effect after registration;

(b)any order by virtue of which sums payable under the magistrates’ court order are required to be paid to [F7a justices’ chief executive] (whether or not by any method of payment falling within section 59(6) of that Act) on behalf of the person entitled thereto shall cease to have effect.

(6ZA)Where a High Court or county court order is registered under this Part of this Act in a magistrates’ court, then—

(a)if a means of payment order (within the meaning of section 1(7) of the Maintenance Enforcement Act 1991) has effect in relation to the order in question, it shall continue to have effect after registration; and

(b)in any other case, the magistrates’ court shall order that all payments to be made under the order in question (including any arrears accrued before registration) shall be made to [F8a justices’ chief executive].

(6ZB)Any such order as to payment—

(a)as is referred to in paragraph (a) of subsection (6) of this section may be revoked, suspended, revived or varied by an exercise of the powers conferred by section 4A of this Act; and

(b)as is referred to in paragraph (a) or (b) of subsection (6ZA) of this section may be varied or revoked by an exercise of the powers conferred by section 3(2A) or (2B) or section 4(2A), (5A) or (5B) of this Act.

(6ZC)Where by virtue of the provisions of this section or any order under subsection (6ZA)(b) of this section payments under an order cease to be or become payable to [F9a justices’ chief executive], the person liable to make the payments shall, until he is given the prescribed notice to that effect, be deemed to comply with the order if he makes payments in accordance with the order and any order under subsection (6ZA)(b) of this section of which he has received such notice.

[F10(6A)In this section—

  • High Court order” includes a maintenance order deemed to be made by the High Court by virtue of section 1(2) above, and

  • magistrates’ court order” includes a maintenance order deemed to be made by a magistrates’ court by virtue of that subsection.]

(7)In this section “certified copy” in relation to an order of a court means a copy certified by the proper officer of the court to be a true copy of the order or of the official record thereof.

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Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only.

Amendments (Textual)

F1Words in s. 2(2)(b) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 26 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with transitional provision in Sch. 2 para. 2)

F4Words in s. 2(4)(b) repealed (19.2.2001) by 1999 c. 22, ss. 97(1), 106, Sch. 15 Pt. V(8) (with s. 107, Sch. 14 paras. 7(2), 36(9)); S.I. 2001/168, art. 2 (with transitional provisions in art. 3)

F5Words in s. 2(5) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 26 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with transitional provision in Sch. 2 para. 2)

F7Words in s. 2(6) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 26 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with transitional provision in Sch. 2 para. 2)

F8Words in s. 2(6ZA)(b) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 26 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with transitional provision in Sch. 2 para. 2)

F9Words in s. 2(6ZC) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 26 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with transitional provision in Sch. 2 para. 2)

F10S. 2(6A) added by Administration of Justice Act 1977 (c. 38, SIF 37), s. 3, Sch. 3 para. 2, with effect in relation to the enforcement in one part of the United Kingdom of maintenance orders made in another part.

Modifications etc. (not altering text)

2 Registration of orders. S+N.I.

(1)A person entitled to receive payments under a High Court or county court order may apply for the registration of the order to the original court, and the court may, if it thinks fit, grant the application.

(2)Where an application for the registration of such an order is granted—

(a)no proceedings shall be begun, and no writ, warrant or other process shall be issued, for the enforcement of the order before the registration of the order or the expiration of the prescribed period from the grant of the application, whichever first occurs; and

(b)the original court shall, on being satisfied within the period aforesaid by the person who made the application that no such proceedings or process begun or issued before the grant of the application remain pending or in force, cause a certified copy of the order to be sent to the [F11justices’ chief executive for] the magistrates’ court acting for the petty sessions area in which the defendant appears to be;

but if at the expiration of the period aforesaid the original court has not been so satisfied, the grant of the application shall become void.

(3)A person entitled to receive payments under a magistrates’ court order who considers that the order could be more effectively enforced if it were registered may apply for the registration of the order to the original court, and the court [F12may, if it thinks fit, grant the application].

[F13(3A)Without prejudice to subsection (3) of this section, where a magistrates’ court order provides both for the payment of a lump sum and for the making of periodical payments, a person entitled to receive a lump sum under the order who considers that, so far as it relates to that sum, the order could be more effectively enforced if it were registered may apply to the original court for the registration of the order so far as it so relates, and the court may, if it thinks fit, grant the application.

(3B)Where an application under subsection (3A) of this section is granted in the case of a magistrates’ court order, the provisions of this Part of this Act shall have effect in relation to that order as if so far as it relates to the payment of a lump sum it were a separate order.]

(4)Where an application for the registration of a magistrates’ court order is granted—

(a)no proceedings for the enforcement of the order shall be begun before the registration takes place and no warrant or other process for the enforcement thereof shall be issued in consequence of any such proceedings begun before the grant of the application;

(b)F14. . . and

(c)the original court shall, on being satisfied in the prescribed manner that no process for the enforcement of the order issued before the grant of the application remains in force, cause a certified copy of the order to be sent to the prescribed officer of the High Court.

(5)The officer [F15of, or justices’ chief executive for,] a court who receives a certified copy of an order sent to him under this section shall cause the order to be registered in that court.

(6)Subsections (1) to (4) of section nineteen of the M1Maintenance Orders Act, 1950 (which provide for the suspension, while a magistrates’ court order is registered under Part II of that Act, of any provision of the order requiring payments to be made through a third party, for ordering payments under an order so registered in a magistrates’ court to be paid through a collecting officer, and for authorising a person to make payments otherwise than in accordance with the requirements of that section until he has notice of those requirements) shall have effect for the purposes of this Part of this Act as if for any reference in that section to the said Part II and a maintenance order there were substituted a reference to this Part of this Act and a maintenance order to which this Part of this Act applies.

[F16(6A)In this section—

  • High Court order” includes a maintenance order deemed to be made by the High Court by virtue of section 1(2) above, and

  • magistrates’ court order” includes a maintenance order deemed to be made by a magistrates’ court by virtue of that subsection.]

(7)In this section “certified copy” in relation to an order of a court means a copy certified by the proper officer of the court to be a true copy of the order or of the official record thereof.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E2This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only.

Amendments (Textual)

F11Words in s. 2(2)(b) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 26 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with transitional provision in Sch. 2 para. 2)

F14Words in s. 2(4)(b) repealed (19.2.2001) by 1999 c. 22, ss. 97(1), 106, Sch. 15 Pt. V(8) (with s. 107, Sch. 14 paras. 7(2), 36(9)); S.I. 2001/168, art. 2 (with transitional provisions in art. 3)

F15Words in s. 2(5) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 26 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with transitional provision in Sch. 2 para. 2)

F16S. 2(6A) added by Administration of Justice Act 1977 (c. 38, SIF 37), s. 3, Sch. 3 para. 2, with effect in relation to the enforcement in one part of the United Kingdom of maintenance orders made in another part.

Modifications etc. (not altering text)

Marginal Citations

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