Family Law Reform Act 1987

The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c.18)

45In section 8 of the Maintenance Orders (Reciprocal Enforcement) Act 1972, for subsection (4) there shall be substituted the following subsection—

“(4)An order which by virtue of this section is enforceable by a magistrates' court shall be enforceable as if it were a magistrates' court maintenance order made by that court.

In this subsection 'magistrates' court maintenance order' has the same meaning as in section 150(1) of the [1980 c. 43.] Magistrates' Courts Act 1980.”

46In section 27 of that Act—

(a)in subsection (2) for the words from "appointed for the commission area" to the words "as the case may be" there shall be substituted the words "acting for the petty session district";

(b)in subsection (9) the words "section 5(5) of the [1957 c. 55.] Affiliation Proceedings Act 1957" shall cease to have effect.

47In section 28 of that Act after "19(1)(ii)" there shall be inserted "20A".

48In section 28A(3) of that Act, in paragraph (e) after "19(1)(ii)" there shall be inserted "20A".

49(1)Section 30 of that Act shall be amended as follows.

(2)For subsection (1) there shall be substituted the following subsection—

“(1)Section 12C(5) of the Guardianship of Minors Act 1971 (revival by High Court or county court of orders for periodical payments) shall not apply in relation to an order made on a complaint for an order under section 11B of that Act.”

(3)In subsection (2) for the words "to which subsection (1) above applies" there shall be substituted the words "for an order under section 11B of that Act".

(4)In subsection (3) the words "the Affiliation Proceedings Act 1957 or", the words "paragraph (b) of section 2(1) of the said Act of 1957 (time for making complaint) or", the words "(provision to the like effect) as the case may be", the words "three years or" and the words "in the case of a complaint under the said Act of 1924" shall cease to have effect.

(5)In subsection (5) the words "the said Act of 1957 or" and the words "as the case may be" shall cease to have effect.

(6)In subsection (6) the words "or an affiliation order under the said Act of 1957" shall cease to have effect.

50In section 33 of that Act, for subsection (3) there shall be substituted the following subsection—

“(3)An order which by virtue of subsection (1) above is enforceable by a magistrates' court shall be enforceable as if it were a magistrates' court maintenance order made by that court.

In this subsection 'magistrates' court maintenance order' has the same meaning as in section 150(1) of the [1980 c. 43.] Magistrates' Courts Act 1980.”

51(1)Section 41 of that Act shall be amended as follows.

(2)Subsection (1) shall cease to have effect.

(3)In subsection (2) for the words "section 9, 10 or 11" there shall be substituted the words "section 11B or 11C".

(4)In subsection (2A), paragraph (a) shall cease to have effect and for paragraph (b) there shall be substituted the following paragraph—

“(b)an application made under section 11B or 11C of the [1971 c. 3.] Guardianship of Minors Act 1971 for the revocation or variation of an order for the periodical payment of money made under the said section 11B or 11C”.

(5)In subsection (2B), paragraph (a) shall cease to have effect and in paragraph (b) for the words "section 9, 10 or 11" there shall be substituted the words "section 11B or 11C".