Maintenance Orders Act 1958 (1958 c. 39)

Part I Registration, enforcement and variation of certain maintenance orders

1 Application of Part I.

(1) The provisions of this Part of this Act shall have effect for the purpose of enabling maintenance orders to which this Part of this Act applies to be registered in the family court and, subject to those provisions, while so registered to be enforced in like manner as an order made by the family court and to be varied by that court.

[F1] Words in s. 1(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 4(2); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

(1A) In the following provisions of this Act “maintenance order” means any order, decision, settlement, arrangement or instrument specified in Schedule 8 to the Administration of Justice Act 1970.

[F3] Words in s. 1(1A) inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 1(1), Sch. 7 para. 2(3)

[F4] Word in s. 1(1A) inserted (coming into force in accordance with reg. 1(1) of the amending S.I.) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(1), Sch. 4 para. 1(2)

[M1] 1970 c. 31.

(2) For the purposes of subsection (1) above, a maintenance order made by a court in Scotland or Northern Ireland and registered in the High Court under Part II of the Maintenance Orders Act 1950 shall be deemed to have been made by the High Court.

[F6] Words in s. 1(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 4(3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F6] Words in s. 1(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 4(3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

(2A) This Part of this Act applies—

(a) to maintenance orders made by the High Court..., other than orders registered in Scotland or Northern Ireland under Part II of the Maintenance Orders Act 1950, and

[F7] Words in s. 1(2A)(a) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 4(4)(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

(b) to maintenance orders made by a court in Scotland or Northern Ireland and registered in the High Court under Part II of the Maintenance Orders Act 1950.

[F8] Words in s. 1(2A)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 4(4)(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

(3) Without prejudice to the provisions of section twenty-one of this Act, in this Part of this Act, unless the context otherwise requires, the following expressions have the following meanings—

“High Court order” means an order made by the High Court;

[F9] Words in s. 1(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 4(5); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

“order” means a maintenance order to which this Part of this Act applies;

“original court” and “court of registration”, in relation to an order, mean the court by which the order was made or, as the case may be, the court in which the order is registered;

“registered” means registered in accordance with the provisions of this Part of this Act, and “registration” shall be construed accordingly;

and for the purposes of this Part of this Act an order for the payment by the defendant of any costs incurred in proceedings relating to a maintenance order, being an order for the payment of costs made while the maintenance order is not registered, shall be deemed to form part of that maintenance order.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 Registration of orders.

(1) A person entitled to receive payments under a High Court order may apply to the High Court for registration of the order in the family court, and the High Court may, if it thinks fit, grant the application.

[F11] Words in s. 2(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(2) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

(2) Where an application for the registration of such an order is granted—

(a) no proceedings shall be begun, and no writ, warrant or other process shall be issued, for the enforcement of the order before the registration of the order or the expiration of the prescribed period from the grant of the application, whichever first occurs; and

(b) the High Court shall, on being satisfied within the period aforesaid by the person who made the application that no such proceedings or process begun or issued before the grant of the application remain pending or in force, cause a certified copy of the order to be sent to the family court;

[F12] Words in s. 2(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(3)(a) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F13] Words in s. 2(2)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(3)(b) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

but if at the expiration of the period aforesaid the High Court has not been so satisfied, the grant of the application shall become void.

[F12] Words in s. 2(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(3)(a) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) An officer of the family court who receives a certified copy of an order sent to the court under this section shall cause the order to be registered in that court.

[F16] Words in s. 2(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(5)(a) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F17] Words in s. 2(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(5)(b) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6ZA) Where a High Court ... order is registered under this Part of this Act in the family court, then—

[F20] Words in s. 2(6ZA) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(6)(a)(i); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F21] Words in s. 2(6ZA) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(6)(a)(ii); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

(a) if a means of payment order (within the meaning of section 1(7) of the Maintenance Enforcement Act 1991) has effect in relation to the order in question, it shall continue to have effect after registration; ...

[F22] S. 2(6ZA)(b) and preceding word omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(6)(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6ZB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6ZC) Where by virtue of the provisions of this section ... payments under an order cease to be or become payable to the family court, the person liable to make the payments shall, until he is given the prescribed notice to that effect, be deemed to comply with the order if he makes payments in accordance with the order and any order under subsection (6ZA)(b) of this section of which he has received such notice.

[F24] Words in s. 2(6ZC) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(8)(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F25] Words in s. 2(6ZC) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(8)(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

(6A) In this section—

“High Court order” includes a maintenance order deemed to be made by the High Court by virtue of section 1(2) above, ...

[F27] Words in s. 2(6A) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(9); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

...

[F27] Words in s. 2(6A) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(9); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

(7) In this section “certified copy” in relation to an order of a court means a copy certified by the proper officer of the court to be a true copy of the order or of the official record thereof.

2 Registration of orders.

(1) A person entitled to receive payments under a High Court order may apply to the High Court for registration of the order in the family court, and the High Court may, if it thinks fit, grant the application.

[F11] Words in s. 2(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(2) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

(2) Where an application for the registration of such an order is granted—

(a) no proceedings shall be begun, and no writ, warrant or other process shall be issued, for the enforcement of the order before the registration of the order or the expiration of the prescribed period from the grant of the application, whichever first occurs; and

(b) the High Court shall, on being satisfied within the period aforesaid by the person who made the application that no such proceedings or process begun or issued before the grant of the application remain pending or in force, cause a certified copy of the order to be sent to the family court;

[F12] Words in s. 2(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(3)(a) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F13] Words in s. 2(2)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(3)(b) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

but if at the expiration of the period aforesaid the High Court has not been so satisfied, the grant of the application shall become void.

[F12] Words in s. 2(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(3)(a) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) An officer of the family court who receives a certified copy of an order sent to the court under this section shall cause the order to be registered in that court.

[F16] Words in s. 2(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(5)(a) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F17] Words in s. 2(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(5)(b) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6A) In this section—

“High Court order” includes a maintenance order deemed to be made by the High Court by virtue of section 1(2) above, ...

[F27] Words in s. 2(6A) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(9); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

...

[F27] Words in s. 2(6A) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(9); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

(7) In this section “certified copy” in relation to an order of a court means a copy certified by the proper officer of the court to be a true copy of the order or of the official record thereof.

2A No interest on sums recoverable under registered orders

[F28] S. 2A title substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 6(c) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) ...Sums payable under registered orders shall not carry interest.

[F30] Words in s. 2A(5) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 6(b) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

3 Enforcement of registered orders.

(1) Subject to the provisions of section 2A of this Act and this section, a registered order shall be enforceable in all respects as if it had been made by the court of registration and as if that court had had jurisdiction to make it; and proceedings for or with respect to the enforcement of a registered order may be taken accordingly.

[F31] Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. II para. 6(3)

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where an order remains or becomes registered after the discharge of the order, no proceedings shall be taken by virtue of that registration except in respect of arrears which were due under the order at the time of the discharge and have not been remitted.

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Except as provided by this section, no proceedings shall be taken for or with respect to the enforcement of a registered order.

4 Variation of orders registered in magistrates’ courts.

(1) The provisions of this section shall have effect with respect to the variation of High Court orders registered in the family court, and references in this section to registered orders shall be construed accordingly.

[F34] Words in s. 4(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(2); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

(2) Subject to the following provisions of this section—

(a) the family court may exercise the same jurisdiction to vary any rate of payments specified by a registered order (other than jurisdiction in a case where a party to the order is not present in England when the application for variation is made) as is exercisable, apart from this subsection, by the High Court; and

[F35] Words in s. 4(2)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(3)(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F36] Words in s. 4(2)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(3)(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

(b) a rate of payments specified by a registered order shall not be varied except by the family court.

[F37] Words in s. 4(2)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(4); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F39] S. 4(3) repealed by Administration of Justice Act 1970 (c. 31), s. 48(2), Sch. 11

(4) If ... an application is made by virtue of subsection (2) of this section for the variation of a rate of payments specified by a registered order and it appears to the family court that it is for any reason appropriate to remit the application to the High Court, the family court shall so remit the application, and the High Court shall thereupon deal with the application as if the order were not registered.

[F40] Words in s. 4(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(6)(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F41] Words in s. 4(4) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(6)(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F42] Words in s. 4(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(6)(c); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F43] Words in s. 4(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(6)(d); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F42] Words in s. 4(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(6)(c); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

(5) Nothing in subsection (2) of this section shall affect the jurisdiction of the High Court to vary a rate of payments specified by a registered order if an application for the variation of that rate is made to that court—

[F44] Words in s. 4(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(7); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

(a) in proceedings for a variation of provisions of the order which do not specify a rate of payments; or

(b) at a time when a party to the order is not present in England.

(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) No application for any variation of a registered order shall be made to any court while proceedings for any variation of the order are pending in any other court.

(6A) Although such an order as is mentioned in this subsection may be varied under section 1 of the Maintenance Enforcement Act 1991 as applied by section 4A(2) of this Act, no application for any other variation in respect of a registered order shall be made to the family court in respect of an order made by the Court of Session or the High Court in Northern Ireland and registered in the family court in accordance with the provisions of this Part of this Act by virtue of sections 1(2) and 2(6A) above.

[F46] Words in s. 4(6A) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(8)(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F47] Words in s. 4(6A) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(8)(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F48] Words in s. 4(6A) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(8)(c); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F49] Words in s. 4(6A) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(8)(d); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

(6B) No application for any variation of a registered order shall be made to the family court in respect of an order for periodical or other payments made under Part III of the Matrimonial and Family Proceedings Act 1984 or under Schedule 7 to the Civil Partnership Act 2004.

[F51] Words in s. 4(6B) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(9); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F52] Words in s. 4(6B) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 22(3); S.I. 2005/3175, art. 2(2)

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4A Variation etc. of orders registered in the family court.

[F54] S. 4A inserted (1.4.1992) by Maintenance Enforcement Act (c. 17, SIF 49:3), s. 10, Sch. 1 para. 10; S.I. 1992/455, art.2.

[F55] Words in s. 4A title substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 9(3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The family court may exercise the same powers in relation to a registered order as are exercisable by the family court under section 1 of the Maintenance Enforcement Act 1991 in relation to a qualifying periodical maintenance order (within the meaning of that section) which has been made by the family court, including the power under subsection (7) of that section to revoke, suspend, revive or vary—

[F57] Words in s. 4A(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 9(3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F57] Words in s. 4A(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 9(3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F57] Words in s. 4A(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 9(3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any means of payment order (within the meaning of section 1(7) of that Act of 1991) made by virtue of the provisions of this section.

5 Cancellation of registration.

(1) If a person entitled to receive payments under a registered order desires the registration to be cancelled, he may give notice under this section.

(2) Where the original court varies or discharges an order registered in the family court, the original court may, if it thinks fit, give notice under this section.

[F59] Words in s. 5(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 10(2) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Notice under this section shall be given to the court of registration; and where such notice is given—

(a) no proceedings for the enforcement of the registered order shall be begun before the cancellation of the registration and no writ, warrant or other process for the enforcement thereof shall be issued in consequence of any such proceedings begun before the giving of the notice;

(b) . . . and

[F61] Words in s. 5(4)(b) repealed (19.2.2001) by 1999 c. 22, ss. 97(1), 106, Sch. 15 Pt. V(8) (with s. 107, Sch. 14 para. 7(2), 39(9)); S.I. 2001/168, art. 2 (with transitional provisions in art. 3)

(c) the court of registration shall cancel the registration on being satisfied in the prescribed manner—

(i) that no process for the enforcement of the registered order issued before the giving of the notice remains in force; and

(ii) in the case of an order registered in the family court, that no proceedings for the variation of the order are pending in the family court.

[F62] Words in s. 5(4)(c)(ii) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 10(4) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F62] Words in s. 5(4)(c)(ii) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 10(4) (with Sch. 10 para. 3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

(4A) For the purposes of a notice under subsection (2) or (3) above—

“court of registration” includes any court in which an order is registered under Part II of the Maintenance Orders Act 1950, and

“registration”includes registration under that Act.

(5) On the cancellation of the registration of a High Court ... order—

[F65] Words in s. 5(5) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 10(5)(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

(a) any order which requires payments under the order in question to be made by any method of payment falling within section 1(5) of the Maintenance Enforcement Act 1991 (standing order, etc), other than an order which requires payments to be made to the family court, is to continue to have effect, and

(b) any order which requires payments under the order in question to be made to the family court (whether or not by any method of payment falling within section 1(5) of the Maintenance Enforcement Act 1991) is to cease to have effect;

but, in a case falling within paragraph (b) of this subsection, until the defendant receives the prescribed notice of the cancellation he shall be deemed to comply with the High Court ... order if he makes payment in accordance with any such order as is referred to in paragraph (b) of this subsection which was in force immediately before the cancellation and of which he has notice.

[F65] Words in s. 5(5) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 10(5)(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In subsection (5) of this section “High Court order”... shall be construed in accordance with section 2(6A) of this Act.

[F68] Words in s. 5(7) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 10(7)(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F69] Words in s. 5(7) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 10(7)(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Part II Attachment of earnings orders

6—8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F70] Ss. 6–8 repealed by Administration of Justice Act 1970 (c. 31), Sch. 11

9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F71] S. 9 repealed by Attachment of Earnings Act 1971 (c. 32), Sch. 6

10—15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F72] Ss. 10–15 repealed by Administration of Justice Act 1970 (c. 31), Sch. 11

Part III Miscellaneous and Supplemental

Miscellaneous

16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F73] S. 16 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

17 Prohibition of committal more than once in respect of same arrears.

Where a defendant has been imprisoned or otherwise detained under an order or warrant of commitment issued in respect of his failure to pay a sum due under a maintenance order, then, notwithstanding anything in this Act, no such order or warrant (other than a warrant of which the issue has been postponed under paragraph (ii) of subsection (5) of the next following section) shall thereafter be issued in respect of that sum or any part thereof.

18 Powers of magistrates to review committals, etc.

[F74] S. 18 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 11; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19 Revocation and variation of Orders in Council under 10 & 11 Geo. 5. c. 33, s. 12.

[F75] S. 19 repealed (prosp.) by Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18), s. 22(2)

Her Majesty may by Order in Council revoke or vary any Order in Council made under section twelve of the Maintenance Orders (Facilities for Enforcement) Act, 1920 (which provides for the extension of that Act by Order in Council to certain oversea territories), and an Order under this section may contain such incidental, consequential and transitional provisions as Her Majesty considers expedient for the purposes of that Act.

[M2] 1920 c. 33.

Supplemental

20 Repeat applications to enforce payment of maintenance arrears

[F76] S. 20 title substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 12(4); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) It is hereby declared that a magistrates’ court has jurisdiction to hear a complaint by or against a person residing outside England for the discharge or variation of an attachment of earnings order made by a magistrates’ court; and where such a complaint is made against a person residing outside England, then—

(a) if he resides in Scotland or Northern Ireland, section fifteen of the Maintenance Orders Act, 1950 (which relates to the service of process on persons residing in those countries) shall have effect in relation to the complaint as it has effect in relation to the proceedings therein mentioned; and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F79] S. 20(3)(b)(4)(5) repealed by Attachment of Earnings Act 1971 (c. 32), Sch. 6

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

[F79] S. 20(3)(b)(4)(5) repealed by Attachment of Earnings Act 1971 (c. 32), Sch. 6

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F80] S. 20(6) repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F81] S. 20(7) repealed by Attachment of Earnings Act 1971 (c. 32), Sch. 6

(8) For the avoidance of doubt it is hereby declared that an application may be made to enforce payment of a sum due and unpaid under a maintenance order notwithstanding that a previous application has been made in respect of that sum or a part thereof and whether or not an order was made in pursuance of the previous application.

[F82] Words in s. 20(8) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 12(3)(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F83] Word in s. 20(8) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 12(3)(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F83] Word in s. 20(8) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 12(3)(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

21 Interpretation, etc.

(1) In this Act, unless the context otherwise requires, the following expressions have the following meanings—

...

[F84] Words in s. 21(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 13; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

. . .

[F85] Definitions of “attachment of earnings order”, “earnings”, “employer”, “excepted sums”, and “maintenance order” repealed by Administration of Justice Act 1970 (c. 31), Sch. 11

“defendant”, in relation to a maintenance order or a related attachment of earnings order, means the person liable to make payments under the maintenance order;

. . .

[F85] Definitions of “attachment of earnings order”, “earnings”, “employer”, “excepted sums”, and “maintenance order” repealed by Administration of Justice Act 1970 (c. 31), Sch. 11

“England” includes Wales;

. . .

[F85] Definitions of “attachment of earnings order”, “earnings”, “employer”, “excepted sums”, and “maintenance order” repealed by Administration of Justice Act 1970 (c. 31), Sch. 11

“prescribed” means prescribed by rules of court;

“proper officer”, in relation to a magistrates’ court, means the clerk of the court;

[F86] Definition of “proper officer”in s. 21(1) repealed (1.4.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. V(7) (with s. 107, Sch. 14 para. 7(2), 36(9)); S.I. 2001/916, art. 2(c)(ii) (with transitional provision in Sch. 2 para. 2)

...

[F87] Words in s. 21(1) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 104, Sch. 10; S.I. 2005/910, art. 3(y)

(2) Any reference in this Act to a person entitled to receive payments under a maintenance order is a reference to a person entitled to receive such payments either directly or through another person or for transmission to another person.

(3) Any reference in this Act to proceedings relating to an order includes a reference to proceedings in which the order may be made.

(4) Any reference in this Act to costs incurred in proceedings relating to a maintenance order shall be construed, in the case of a maintenance order made by the High Court, as a reference to such costs as are included in an order for costs relating solely to that maintenance order.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F88] S. 21(5) repealed by Administration of Justice Act 1970 (c. 31), Sch. 11

(6) Any reference in this Act to any enactment is a reference to that enactment as amended by or under any subsequent enactment.

22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F89] S. 22 repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

23 Short title, extent, commencement and repeals.

(1) This Act may be cited as the Maintenance Orders Act, 1958.

(2) The following provisions of this Act, namely—

extend to Scotland and Northern Ireland.

[F91] Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 36(6), 52, Sch. 12 Pt. III para. 2

(2A) section 20(3)(a) above extends to Northern Ireland.

(2B) Subject to subsections (2) and (2A) above, this Act extends only to England.

(3) This Act shall come into operation on such date as the Secretary of State may by order, made by statutory instrument, appoint; and different dates may be so appointed for the purposes of different provisions of this Act.

(4) Subsection (2) of section eight of the Guardianship of Infants Act, 1925, and section ten of the Affiliation Proceedings Act, 1957, are hereby repealed; but nothing in this subsection shall affect any order in force or deemed to be in force under either of those provisions at the commencement of this subsection, and any such order may be discharged or varied as if this subsection had not been passed.

[M3] 1925 c. 45.

[M4] 1957 c. 55.

SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F92] Sch. repealed by Administration of Justice Act 1970 (c. 31), Sch. 11