Modifications etc. (not altering text)
C1Part III (ss. 75–96) modified: (E.W.) by Drug Trafficking Offences Act 1986 (c. 32, SIF 39:1), s. 6(4)(6); by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 75(5)(6), 123(6), Sch. 8 para. 16; (3.2.1995) by 1994 c. 37, ss. 9(4)(6), 69(2) (with s. 66(2))
Part III (ss. 75-96) extended (1.9.1994) by 1994 c. 22, ss. 32(3)(a), 41(3)(a), 66(1)
Part III (ss. 75-96) applied (with modifications) (24.3.2003) (E.W.) by 2002 c. 29, ss. 35(3), 458(1)(3); S.I. 2003/333, art. 2 Sch.
C2Pt. III applied (1.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 85, 153; S.I. 2009/2606, art. 2(f)
(1)A magistrates’ court shall not exercise its power under section 76 above to issue a warrant to commit to prison a person who makes default in paying a sum adjudged to be paid by an order of such a court except where the default is under—
(a)a magistrates’ court maintenance order;
(b)an order under [F1section 23 of the Legal Aid Act 1988](contribution by legally assisted person to cost of his defence in a criminal case); or
(c)an order for the payment of any of the taxes, contributions, premiums or liabilities specified in Schedule 4 to the M1Administration of Justice Act 1970.
(2)This section does not affect the power of a magistrates’ court to issue such a warrant as aforesaid in the case of default in paying a sum adjudged to be paid by a conviction, or treated (by any enactment relating to the collection or enforcement of fines, costs, compensation or forfeited recognizances) as so adjudged to be paid.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
Textual Amendments
F1Words substituted by virtue of Legal Aid Act 1982 (c. 44, SIF 77:1), s. 14(3) and Legal Aid Act 1988 (c. 34, SIF 77:1), ss. 45(1), 47(2), Sch. 5 para. 9
F2S. 92(3) repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(2)(4), Sch. 3 paras. 1, 6, Sch. 4
Marginal Citations
(1)Where default is made in paying a sum ordered to be paid by [F3a magistrates’ court maintenance order], the court shall not enforce payment of the sum under section 76 above except by an order made on complaint.
(2)A complaint under this section shall be made not earlier than the fifteenth day after the making of the order for the enforcement of which it is made; but subject to this such a complaint may be made at any time notwithstanding anything in this or any other Act.
(3)In relation to complaints under this section, section 55 above shall not apply and section 56 above shall have effect as if the words “if evidence has been received on a previous occasion” were omitted.
(4)Where at the time and place appointed for the hearing or adjourned hearing of a complaint under this section the complainant appears but the defendant does not, the court may proceed in his absence; but the court shall not begin to hear the complaint in the absence of the defendant unless either it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that the summons was served on him within what appears to the court to be a reasonable time before the hearing or adjourned hearing or the defendant has appeared on a previous occasion to answer the complaint.
(5)If a complaint under this section is substantiated on oath, any justice of the peace acting for the same petty sessions area as a court having jurisdiction to hear the complaint may issue a warrant for the defendant’s arrest, whether or not a summons has been previously issued.
(6)A magistrates’ court shall not impose imprisonment in respect of a default to which a complaint under this section relates unless the court has inquired in the presence of the defendant whether the default was due to the defendant’s wilful refusal or culpable neglect, and shall not impose imprisonment as aforesaid if it is of opinion that the default was not so due; and, without prejudice to the preceding provisions of this subsection, a magistrates’ court shall not impose imprisonment as aforesaid—
(a)in a case in which the court has power to make an attachment of earnings order unless the court is of opinion that it is inappropriate to make such an order;
(b)in any case, in the absence of the defendant.
(7)Notwithstanding anything in section 76(3) above, the period for which a defendant may be committed to prison under a warrant of commitment issued in pursuance of a complaint under this section shall not exceed 6 weeks.
(8)The imprisonment or other detention of a defendant under a warrant of commitment issued as aforesaid shall not operate to discharge the defendant from his liability to pay the sum in respect of which the warrant was issued.
Textual Amendments
F3Words substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(2), Sch. 2 para. 84, Sch. 3 paras. 1, 6
Modifications etc. (not altering text)
C4S. 93 applied by Legal Aid Act 1988 (c. 34, SIF 77:1), ss. 24(6), 30, Sch. 3 Pt. I para. 2(4)
Where a person is committed to custody under this Part of this Act for failure to pay a sum due under [F4a magistrates’ court maintenance order], then, unless the court that commits him otherwise directs, no arrears shall accrue under the order while he is in custody.
Textual Amendments
F4Words substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(2), Sch. 2 para. 85, Sch. 3 paras. 1, 6
Modifications etc. (not altering text)
C5S. 94 applied by Legal Aid Act 1988 (c. 34, SIF 77:1), ss. 24(6), 30, Sch. 3 Pt. I para. 2(4)
Prospective
(1)The Secretary of State may by order provide that a magistrates’ court, on the hearing of a complaint for the enforcement, revocation, revival, variation or discharge of an English maintenance order, may order that interest of an amount calculated at the prescribed rate shall be paid on so much of the sum due under the order as they may determine.
(2)In subsection (1) above “the prescribed rate” means such rate of interest as the Secretary of State may by order prescribe.
(3)An order under this section may make provision for the manner in which and the periods by reference to which interest is to be calculated.
(4)Where, by virtue of subsection (1) above, a magistrates’ court orders the payment of interest on any sum due under a maintenance order—
(a)then if it orders that the whole or any part of the interest be paid by instalments that order shall be regarded as an instalments order for the purposes of section 95 below and that section shall accordingly apply in relation to it; and
(b)the whole of the interest shall be enforceable as a sum adjudged to be paid by the maintenance order.
(5)In this section—
“English maintenance order” means—
(a)a qualifying maintenance order made by a magistrates’ court, other than an order made by virtue of Part II of the Maintenance Orders (Reciprocal Enforcement) Act 1972; or
(b)an order made by the High Court or a county court (other than an order deemed to be made by the High Court by virtue of section 1(2) of the Maintenance Orders Act 1958) and registered under Part I of that Act of 1958 in a magistrates’ court;
“qualifying maintenance order” has the same meaning as it has in section 59 above.
(6)The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument made with the concurrence of the Treasury and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.]
Textual Amendments
F5S. 94A inserted (prosp.) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), ss.8, 12(2)
On the hearing of a complaint for the enforcement, revocation, revival, variation or discharge of [F6a magistrates’ court maintenance order], the court may remit the whole or any part of the sum due under the order.
Textual Amendments
F6Words substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 86
Modifications etc. (not altering text)
C6S. 95 applied by Legal Aid Act 1988 (c. 34, SIF 77:1), ss. 24(6), 30, Sch. 3 Pt. I para. 2(4)
(1)A magistrates’ court shall not commit any person to prison or other detention in default of payment of a sum enforceable as a civil debt or for want of sufficient distress to satisfy such a sum except by an order made on complaint and on proof to the satisfaction of the court that that person has, or has had since the date on which the sum was adjudged to be paid, the means to pay the sum or any instalment of it on which he has defaulted, and refuses or neglects or, as the case may be, has refused or neglected to pay it.
(2)A complaint under this section may be made at any time notwithstanding anything in this or any other Act.
(3)Where on any such complaint the defendant is committed to custody, such costs incurred by the complainant in proceedings for the enforcement of the sum as the court may direct shall be included in the sum on payment of which the defendant may be released from custody.
This Part of this Act shall have effect in relation to a person aged 17 or over but less than 21 as if any reference to committing a person to prison, or fixing a term of imprisonment for a default, were a reference to committing the person to, or, as the case may be, to fixing a term of, detention under section 9 of the M2Criminal Justice Act 1982; and any reference to warrants of commitment, or to periods of imprisonment imposed for default, shall be construed accordingly.]