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Maintenance Orders Act 1958

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20 Special provisions as to magistrates’ courts. E+W+N.I.

(1)Notwithstanding anything in this Act, . . . F1[F2a justices’ chief executive]who is entitled to receive payments under a maintenance order for transmission to another person shall not—

(a)apply for the registration of the maintenance order under Part I of this Act or give notice in relation to the order in pursuance of subsection (1) of section five thereof; . . . F1

(b),(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

unless he is requested in writing to do so by a person entitled to receive the payments through him; and where [F4a justices’ chief executive is] requested as aforesaid—

(i)he shall comply with the request unless it appears to him unreasonable in the circumstances to do so;

(ii)the person by whom the request was made shall have the same liabilities for all the costs properly incurred in or about any proceedings taken in pursuance of the request as if the proceedings had been taken by that person;

. . . F1

(2) . . . F1 An application to a magistrates’ court by virtue of subsection (2) of section four of this Act for the variation of a maintenance order . . . F1 shall be made by complaint.

(3) It is hereby declared that a magistrates’ court has jurisdiction to hear a complaint by or against a person residing outside England for the discharge or variation of an attachment of earnings order made by a magistrates’ court; and where such a complaint is made against a person residing outside England, then—

[F5(a)if he resides in Scotland or Northern Ireland, section fifteen of the Maintenance Orders Act, 1950 (which relates to the service of process on persons residing in those countries) shall have effect in relation to the complaint as it has effect in relation to the proceedings therein mentioned; and]

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(4),(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(8)For the avoidance of doubt it is hereby declared that a complaint may be made to enforce payment of a sum due and unpaid under a maintenance order notwithstanding that a previous complaint has been made in respect of that sum or a part thereof and whether or not an order was made in pursuance of the previous complaint.

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Amendments (Textual)

F2Words in s. 20(1) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 25, 31(a) (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. 20(1) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 25, 31(b) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with transitional provision in Sch. 2 para. 2)

F5The text of s. 20(3)(a) which is spent (N.I.) is repealed (E.W.) (S.) by Attachment of Earnings Act 1971 (c. 32), Sch. 6

Modifications etc. (not altering text)

C1S. 20 set out as amended (E.W.) by Attachment of Earnings Act 1971 (c. 32) in Sch. 5 to that Act

C2The text of s. 20(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

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