(1)It is hereby declared that [F1the family court] has jurisdiction to hear [F2an application] by or against a person residing outside England and Wales for the discharge or variation of an attachment of earnings order made by [F1the family court] to secure maintenance payments; and where such [F2an application] is made, the following provisions shall have effect.
(2)If the person resides in Scotland or Northern Ireland, section 15 of the M1Maintenance Orders Act 1950 (which relates to the service of process on persons residing in those countries) shall have effect in relation to the [F3application] as it has effect in relation to the proceedings therein mentioned.
(3)Subject to the following subsection, if the person resides outside the United Kingdom and does not appear at the time and place appointed for the hearing of the [F3application], the court may, if it thinks it reasonable in all the circumstances to do so, proceed to hear and determine the [F3application] at the time and place appointed for the hearing, or for any adjourned hearing, in like manner as if the person had then appeared.
(4)Subsection (3) above shall apply only if it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that the [F4applicant] has taken such steps as may be prescribed to give to the said person notice of the [F3application] and of the time and place appointed for the hearing of it.
Textual Amendments
F1Words in s. 20(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 31(2)(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F2Words in s. 20(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 31(2)(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F3Word in s. 20(2)-(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 31(3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F4Word in s. 20(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 31(4); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
Marginal Citations