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Maintenance Orders Act 1950

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This is the original version (as it was originally enacted).

FIRST SCHEDULEModification of Certain Enactments The Children and Young Persons Act, 1933, 23 & 24 Geo. 5. c. 12

Section eighty-sixWhere the person liable to make contributions in respect of a child or young person is for the time being residing in Scotland or Northern Ireland, subsection (3) shall have effect as if for references to the council of the county or county borough in which the person liable as aforesaid is for the time being residing there were substituted references to the local authority having the care of the child or young person or, as the case may be, the local authority named in the approved school order under subsection (2) of section seventy.
Section eighty-seven

Where the person to be charged under a contribution order resides in Scotland or Northern Ireland, subsection (1) shall have effect as if for the reference to a court of summary jurisdiction having jurisdiction in the place where the said person is for the time being residing there were substituted a reference to a court of summary jurisdiction having jurisdiction in the place in which the person entitled under section eighty-six to receive the contributions resides or, if that person is a local authority, having jurisdiction within the area of that authority.

Where the person on whom a contribution order has been made is for the time being residing in Scotland or Northern Ireland, subsection (4) shall have effect as if the words from " but any powers " to the end of the subsection were omitted.

Section eighty-eight

Where the putative father of an illegitimate child or young person resides in Scotland or Northern Ireland, subsection (1) shall have effect as if for the reference to the place where the putative father is for the time being residing there were substituted a reference to the place where the mother of the child is for the time being residing.

Where the person liable under an affiliation order in respect of which an order under section eighty-eight is in force is for the time being residing in Scotland or Northern Ireland, paragraph (a) of subsection (2) shall not apply.

Section eighty-nine

Where the person liable under a contribution order made under section eighty-seven, or under an affiliation order in respect of which an order under section eighty-eight is in force, is for the time being residing in Scotland or Northern Ireland, subsection (2) shall have effect as if for the reference to the council of the county or county borough in which the person liable under the order is for the time being residing there were substituted a reference to the local authority to whom sums are payable under the order and as if for the words

when he was not resident in the county or county borough

there were substituted the words

when that authority were not entitled to sums payable under the order.

The Children and Young Persons (Scotland) Act, 1937, 1 Edw. 8 & 1 Geo. 6. c. 37.—

Section ninetyWhere the person liable to make contributions in respect of a child or young person is for the time being residing in England or Northern Ireland, subsection (3) shall have effect as if for references to the local authority or the education authority, as the case may be, within whose area the person liable as aforesaid is for the time being residing there were substituted references to the local authority having the care of the child or young person or, as the case may be, the education authority named in the approved school order under subsection (2) of section seventy-four.
Section ninety-one

Where the person to be charged under a contribution order resides in England or Northern Ireland, subsection (1) shall have effect as if for the reference to a court of summary jurisdiction having jurisdiction in the place where the said person is for the time being residing there were substituted a reference to a court of summary jurisdiction having jurisdiction in the place in which the person entitled under section ninety to receive contributions resides or, if that person is a local authority or education authority, having jurisdiction in any place within the area of that authority.

Where the person liable in payment under a contribution order is for the time being residing in England or Northern Ireland, subsections (3) and (4) shall have effect as if for the references to a court of summary jurisdiction having jurisdiction in the place where that person is for the time being resident, and to the local authority within whose area that person is for the time being resident, there were substituted references to a court of summary jurisdiction having jurisdiction in the place where the person entitled to the contributions is for the time being resident, and to the local authority whose area includes that place, and subsection (6) shall not apply.

Section ninety-twoWhere the father of an illegitimate child or young person resides in England or Northern Ireland, subsection (1) shall have effect as if for the reference to the place where the father is for the time being residing there were substituted a reference to the place where the mother of the child is for the time being residing.
Section ninety-three

Where the person liable under a contribution order made under section ninety-one, or under a decree for aliment in respect of which an order under section ninety-two is in force, is for the time being residing in England or Northern Ireland, subsection (2) shall have effect as if for the reference to the local authority or education authority in whose area the person liable under the order is for the time being residing there were substituted a reference to the local authority to whom sums are payable under the order, and as if for the words

when he was not resident in that area

there were substituted the words

when that authority were not entitled to sums payable under the order.

The Children Act, 1948, 11 & 12 Geo. 6. c. 43.

Section twenty-sixWhere the putative father of a child in respect of whom an order has been made under section eighty-eight of the Children and Young Persons Act, 1933, is for the time being residing in Scotland or Northern Ireland, Subsection (4) shall have effect as if for references to the local authority whose area includes the place where the putative father of the child resides, and to a court of summary jurisdiction having jurisdiction in that place, there were substituted references to the local authority who, if the affiliation order were still in force, would be entitled to payments thereunder, and to a court of summary jurisdiction having jurisdiction within the area of that authority.

The Children and Young Persons Act (Northern Ireland) 1950, 1950 c. 5.

Section one hundred and twenty-one.Where the person liable to make contributions in respect of a child or young person who is ordered to be sent to a training school resides in England or Scotland, paragraph (b) of subsection (5) shall have effect as if for the reference to the council of the county or county borough in which the person liable as aforesaid is for the time being residing there were substituted a reference to the local authority named in the training school order under subsection (2) of section seventy-four.
Section one hundred and twenty-two.Where the person liable to make contributions in respect of a child or young person resides in England or Scotland, subsections (1)(2) and (6) shall have effect as if for the references to a court of summary jurisdiction -acting for the petty sessions district in which the person liable to make contributions or the contributor resides there were substituted references to a court of summary jurisdiction acting for the petty sessions district in which the person entitled under section one hundred and twenty-one to receive the contributions resides or, if that person is a welfare authority or local authority, a court of summary jurisdiction having jurisdiction within the area of that authority.
Section one hundred and twenty-three.Where the putative father of an illegitimate child or young person resides in England or Scotland, subsection (2) shall have effect as if for the reference to a court of summary jurisdiction acting for the petty sessions district in which the putative father is for the time being residing there were substituted a reference to a court of summary jurisdiction acting for the petty sessions district in which the applicant for the order under that subsection resides or, if the applicant is a welfare authority or local authority, a court of summary jurisdiction having jurisdiction within the area of that authority.
Section one hundred and twenty-five.

Where the person liable under an order made under section one hundred and twenty-two or section one hundred and twenty-four, or under an affiliation order in respect of which an order under section one hundred and twenty-three is in force, is for the time being residing in England or Scotland, subsection (2) shall have effect as if for the reference to the council of the county or county borough in which the person liable under the order is for the time being residing there were substituted a reference to the welfare authority or local authority to whom sums are payable under the order, and as if for the words

when he was not ' resident in that county or county borough

there were substituted the words

when that authority were not entitled to sums payable under the order.

SECOND SCHEDULEFORMS

Form No. 1: Endorsement of Summons I, A. B., a justice of the peace [sheriff] [resident magistrate] for the [county] of_________________________, hereby authorise the service of this summons [writ] in England [Scotland] [Northern Ireland] under section fifteen of the Maintenance Orders Act, 1950. ________________Given under my hand this___________________day of________________, 19__________ Form No. 2: Declaration as to Service I, C. D. of_____________________hereby declare that on the ____________________day of________________________19__________, I served E. F. of__________________________with the summons [writ] now shown to me and marked ' A ' by delivering a true copy to him. (Signed) C. D. ______________Declared before me this day of_____________________, 19_____________________________ A. B Justice of the Peace [sheriff] [resident magistrate] for the [county] of_________________

Table of Statutes referred to in this Act

Short TitleSession and Chapter
Bastardy Laws Amendment Act, 187235 & 36 Vict. c. 65.
Summary Jurisdiction Act, 187942 & 43 Vict. c. 49.
Summary Jurisdiction (Process) Act, 188144 & 45 Vict. c. 24.
Guardianship of Infants Act. 188649 & 50 Vict. c. 27.
Summary Jurisdiction (Married Women) Act, 189558 & 59 Vict. c. 39.
Affiliation Orders Act, 19144 & 5 Geo. 5. c. 6.
Government of Ireland Act, 192010 & 11 Geo. 5. c. 67.
Guardianship of Infants Act, 192515 & 16 Geo. 5. c. 45.
Supreme Court of Judicature (Consolidation) Act, 192515 & 16 Geo. 5. c. 49.
Illegitimate Children (Scotland) Act, 193020 & 21 Geo. 5. c. 33.
Children and Young Persons Act, 193323 & 24 Geo. 5. c. 12.
Children and Young Persons (Scotland) Act, 19371 Edw. 8. & 1 Geo. 6. c. 37.
Matrimonial Causes Act, 19371 Edw. 8. & 1 Geo. 6. c. 57.
Divorce (Scotland) Act, 19381 & 2 Geo. 6. c. 50.
National Assistance Act, 194811 & 12 Geo. 6. c. 29
Children Act, 194811 & 12 Geo. 6. c. 43.
Married Women (Maintenance) Act, 194912,13 & 14 Geo. 6.c. 99.
Law Reform (Miscellaneous Provisions) Act, 194912, 13 & 14 Geo. 6. c. 100.
Justices of the Peace Act, 194912, 13 & 14 Geo. 6. c. 101.
Matrimonial Causes Act, 195014 Geo. 6. c. 25.

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