The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011

Magistrates’ Courts Act 1980 (c. 43)

This sectionnoteType=Explanatory Memorandum has no associated

9.  (1)  The Magistrates’ Courts Act 1980 is amended as follows.

(2) In section 60(1) (revocation, variation etc of orders for periodical payments), after subsection (10) insert—

(10A) The power in subsection (1) is not exercisable in relation to a maintenance order which falls to be enforced by a magistrates’ court by virtue of —

(a)the Maintenance Regulation and the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, or

(b)the Council Regulation.

(10B) In subsection (10A)—

“the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;

“the Council Regulation” means Council Regulation (EC) No 44/2001 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark..

(3) Section 95(2) (remission of arrears and manner in which arrears to be paid) is amended as follows.

(4) After subsection (1) insert—

(1A) The power in subsection (1) is not exercisable in relation to a maintenance order which falls to be enforced by a magistrates’ court by virtue of—

(a)the Maintenance Regulation and the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, or

(b)the Council Regulation..

(5) In subsection (7)—

(a)after “In this section—” insert—

“the Council Regulation” means Council Regulation (EC) No 44/2001 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;;

(b)after the definition of “English maintenance order” insert—

“the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;;

(c)in the definition of “non-English maintenance order”—

(i)in paragraph (a), for sub-paragraph (v) substitute—

(v)under the Council Regulation;;

(ii)the “or” at the end of paragraph (b) is repealed;

(iii)at the end of paragraph (c) insert—

or

(d)a maintenance order which falls to be enforced by a magistrates’ court by virtue of the Maintenance Regulation and the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011..

(6) In section 150 (interpretation of other terms), in subsection (1), in the definition of “maintenance order”—

(a)after “any order” insert “, decision, settlement or instrument”;

(b)for “such an order” substitute “one”;

(c)after “discharged” insert “or has otherwise ceased to operate”.

(1)

Section 60 was substituted by section 4 of the Maintenance Enforcement Act 1991 (c.17). It is modified by section 9 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (c.18), section 4 of the Maintenance Orders (Facilities for Enforcement) Act 1920 (c.33), section 22 of the Maintenance Orders Act 1950 (c.37), and section 4 of the Maintenance Orders Act 1958 (c.39) (as amended by section 261(1) of and paragraph 22 of Schedule 27 to the Civil Partnership Act 2004 (c.33)).

(2)

Section 95 was substituted by section 11(1) of, and paragraph 8 of Schedule 2 to, the Maintenance Enforcement Act 1991 (c.17). Subsection (7)(a)(v) was inserted by article 5 of and paragraphs 10 and 12(c) of Schedule 3 to S.I. 2001/3929, which was amended by regulation 5 and paragraphs 8 and 10 of the Schedule to S.I.2007/1655.