Maintenance Orders Act 1950

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Changes and effects yet to be applied to :

Changes and effects

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s. 18(1B) words repealed by 2005 c. 4 Sch. 11 para. 19(3)
s. 18(2B)(a) words substituted by 2003 c. 39 Sch. 8 para. 88(3)
s. 18(2ZA) words substituted by 2003 c. 39 Sch. 8 para. 88(2)

Commencement Orders yet to be applied to the Maintenance Orders Act 1950:

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

S.I. 2005/910 art. 3 commences (2003 c. 39)
S.I. 2005/3175 art. 2 3 commences (2004 c. 33)
S.I. 2006/1014 art. 2 Sch. 1 2 commences (2005 c. 4)
S.I. 2009/462 art. 2-5 commences (2008 c. 14)
S.I. 2009/631 art. 2 commences (2008 c. 14)
S.I. 2009/1604 art. 2 commences (2005 c. 4)
S.I. 2010/2921 art. 2 3 commences (2003 c. 39)

18 Enforcement of registered orders.E+W+S+N.I.

(1)Subject to the provisions of this section, a maintenance order registered under this Part of this Act in a court in any part of the United Kingdom may be enforced in that part of the United Kingdom in all respects as if it had been made by that court and as if that court had had jurisdiction to make it; and proceedings for or with respect to the enforcement of any such order may be taken accordingly.

[F1(1A)A maintenance order registered under this Part of this Act in a court of summary jurisdiction in England or Northern Ireland shall not carry interest; but where a maintenance order so registered is registered in the High Court under Part I of the Maintenance Orders Act 1958 or section 36 of the Civil Jurisdiction and Judgments Act 1982, this subsection shall not prevent any sum for whose payment the order provides from carrying interest in accordance with section 2A of the said Act of 1958 or section 11A of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966.

(1B)A maintenance order made in Scotland which is registered under this Part of this Act in the Supreme Court in England or Northern Ireland shall, if interest is by the law of Scotland recoverable under the order, carry the like interest in accordance with subsection (1) of this section.]

[F2(2)Every maintenance order registered under this Part of this Act in a magistrates’ court in England and Wales [F3shall, subject to the modifications of sections 76 and 93 of the Magistrates’ Courts Act 1980 specified in subsections (2ZA) and (2ZB) of this section, be enforceable] as a magistrates’ court maintenance order within the meaning of section 150(1) of the Magistrates’ Courts Act M11980.]

[F4F5(2ZA)Section 76 (enforcement of sums adjudged to be paid) shall have effect as if for subsections (4) to (6) there were substituted the following subsections—

“( 4)Where proceedings are brought for the enforcement of a magistrates’ court maintenance order under this section, the court may vary the order by exercising one of its powers under subsection (5) below.

(5)The powers of the court are—

(a)the power to order that payments under the order be made directly to [F6a justices’ chief executive]

(b)the power to order that payments under the order be madeto [F6a justices’ chief executive], or to by such method of payment falling within section 59(6) above (standing order, etc.) as may be specified;

(c)the power to make an attachment of earnings order under the M2Attachment of Earnings Act 1971 to secure payments under the order.

(6)In deciding which of the powers under subsection (5) above it is to exercise, the court shall have regard to any representations made by the debtor (within the meaning of section 59 above)”.

(7)Subsection (4) of section 59 above (power of court to require debtor to open account) shall apply for the purposes of subsection (5) above as it applies for the purposes of that section but as if for paragraph (a) there were substituted—

“( a)the court proposes to exercise its power under paragraph (b) of section 76(5) below, and”

(2ZB)In section 93 (complaint for arrears), subsection (6) (court not to impose imprisonment in certain circumstances) shall have effect as if for paragraph (b) there were substituted—

“(b)if the court is of the opinion that it is appropriate—

(i)to make an attachment of earnings order; or

(ii)to exercise its power under paragraph (b) of section 76(5) above. ”]

[F4(2A)Any person under an obligation to make payments under a maintenance order registered under this Part of this Act in a court of summary jurisdiction in England [F7or Northern Ireland]shall give notice of any change of address to the [F8proper officer]of the court; and any person who without reasonable excuse fails to give such a notice shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale F9. . ..]

[F10(2B)In subsection (2A) of this section “proper officer” means—

(a)in relation to a court of summary jurisdiction in England and Wales, the justices’ chief executive for the court; and

(b)in relation to a court of summary jurisdiction in Northern Ireland, the clerk of the court.]

(3)Every maintenance order registered under this Part of this Act in a court of summary jurisdiction in Northern Ireland . . . F11 shall be enforceable as [F12an order made by that court to which Article 98 of the Magistrates’ Courts (Norther Ireland) Order 1981 applies, subject to the modifications of that Article specified in subsection (3ZA) of this section].

[F13(3ZA)Article 98 (enforcement of sums adjudged to be paid) shall have effect—

(a)as if for paragraph (7)(a) there were substituted the following sub-paragraph—

“(a)if the court is of the opinion that it is appropriate—

(i)to make an attachment of earnings order; or

(ii)to exercise its power under paragraph (8C)(b);”

(b)as if for paragraphs (8B) to (8D) there were substituted the following paragraphs—

“(8B)Upon the appearance of a person or proof of service of the summons on him as mentioned in paragraph (4) for the enforcement of an order to which this Article applies, the court or resident magistrate may vary the order by exercising one of the powers under paragraph (8C).

(8C)The powers mentioned in paragraph (8B) are—

(a)the power to order that payments under the order be made directly to the collecting officer;

(b)the power to order that payments under the order be made to the collecting officer by such method of payment falling within Article 85(7) (standing order, etc.) as may be specified;

(c)the power to make an attachment of earnings order under Part IX to secure payments under the order.

(8D)In deciding which of the powers under paragraph (8C) is to be exercised, the court or, as the case may be, a resident magistrate shall have regard to any representations made by the debtor (within the meaning of Article 85).

(8E)Paragraph (5) of Article 85 (power of court to require debtor to open account) shall apply for the purposes of paragraph (8C) as it applies for the purposes of that Article but as if for sub-paragraph (a) there were substituted—

“(a)the court proposes to exercise its power under sub-paragraph (b) of Article 98(8C), and]

[F14(3A)Notwithstanding subsection (1) above, no court in England in which a maintenance order is registered under this Part of this Act shall enforce that order [F15to the extent that it is for the time being registered]in another court in England under Part I of the M3Maintenance Orders Act 1958.]

[F16(3B)Notwithstanding subsection (1) above, no court in Northern Ireland in which a maintenance order is registered under this Part of this Act shall enforce that order to the extent that it is for the time being registered in another court in Northern Ireland under section 36 of the Civil Jurisdiction and Judgments Act 1982.]

(4), (5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

(6)Except as provided by this section, no proceedings shall be taken for or with respect to the enforcement of a maintenance order which is for the time being registered in any court under this Part of this Act.

Annotations:

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Amendments (Textual)

F1S. 18(1A)(1B) inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. II para. 5

F2S. 18(2) substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(1), Sch. 2 para. 13

F3Words in s. 18(2) substituted (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 10, Sch. 1 para. 3(1); S.I. 1992/455, art. 2.

F4S. 18(2A) inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(1), 48(3), Sch. 1 para. 2

F5S. 18(2ZA)(2ZB) inserted (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 10, Sch. 1 para. 3(2); S.I. 1992/455, art. 2.

F6Words in s. 18(2ZA) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 13(2) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F7Words inserted by S.I. 1989/677 (N.I.4), art. 42(1), Sch. 2 para. 1

F8Words in s. 18(2A) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 13 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F9Words in s. 18(2A) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV

F10S.18(2B) inserted (1.4.2001) by 1999 c. 22 s. 90, Sch. 13 para. 13 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F11Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8