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Emergency Laws (Miscellaneous Provisions) Act 1947

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This is the original version (as it was originally enacted).

6(1)The following provisions shall have effect as respects complaints under subsection (3) of section thirty of the Criminal Justice Administration Act, 1914, or section seven of the Summary Jurisdiction (Married Women) Act, 1895, as amended by section nine of the Money Payments (Justices Procedure) Act, 1935, for the revocation, discharge, revival, alteration or variation of an affiliation order or a maintenance order.

(2)A complaint may be made to a court of summary jurisdiction having jurisdiction in the place where the complainant is for the time being, instead of to the court which made the order (hereafter in this paragraph referred to as " the original court ").

(3)The court to which the complaint is made whether it is the original court or any other court shall take no action thereon unless and until the complainant furnishes the court with written particulars—

(a)of the nature of the evidence by which it is proposed to support the complaint; and

(b)of the occupations of the complainant and the defendant and of the address of the complainant and of the last address of the defendant known to the complainant; and

(c)of the names, addresses and occupations of any other persons whom the complainant proposes to call as witnesses on the hearing of the complaint:

Provided that this sub-paragraph shall not apply where the complaint is made to the original court and it appears to the court that the last address of the defendant known to the complainant is within the jurisdiction of that court.

(4)Where the complaint is made to the original court and it appears that the places stated in the said particulars as being the addresses of the complainant and defendant are within the jurisdiction of another court or other courts of summary jurisdiction, or that one of them is within the jurisdiction of another such court:—

(a)the original court shall, having regard to the said particulars, determine whether the complaint could more conveniently be dealt with by the original court or by that other court or one of those other courts ;

(b)if the original court determines that the complaint could more conveniently be dealt with by itself, it shall issue a summons and hear and determine the complaint accordingly ;

(c)if the original court determines that the complaint could more conveniently be dealt with by some other such court of summary jurisdiction as aforesaid—

(i)it shall order the clerk of the court to send by post to the clerk of that other court the complaint and the said particulars; and

(ii)on receipt thereof by the clerk of that other court, that other court shall issue a summons and hear and determine the complaint as it if were the original court.

(5)Where by virtue of sub-paragraph (2) hereof the complaint is made to a court other than the original court—

(a)that other court shall order the clerk thereof to send the complaint and the said particulars by post to the clerk of the original court;

(b)on receipt of the complaint and the said particulars by the clerk of the original court, paragraph (4) hereof shall apply as if the complaint had been made to the original court.

(6)Where by virtue of these provisions an affiliation order or a maintenance order is, revoked, discharged, revived, altered or varied by order of a court of summary jurisdiction other than the original court—

(a)the clerk of that other court shall forthwith send by post an extract from the register kept by him under section twenty-two of the Summary Jurisdiction Act, 1879, containing a minute or memorandum of the order of that other court to the clerk of the original court ; and

(b)on receipt of the extract, the clerk of the Original court shall enter the minute or memorandum in the register kept by him as aforesaid.

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