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Maintenance Orders Act 1958

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

  • Act applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))

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Maintenance Orders Act 1958

1958 CHAPTER 39 6 and 7 Eliz 2

An Act to make provision for the registration in the High Court or a magistrates’ court of certain maintenance orders made by the order of those courts or a county court and with respect to the enforcement and variation of registered orders; to make provision for the attachment of sums falling to be paid by way of wages, salary or other earnings or by way of pension for the purpose of enforcing certain maintenance orders; to amend section seventy-four of the Magistrates’ Courts Act, 1952; to make provision for the review of committals to prison by magistrates’ courts for failure to comply with maintenance orders; to enable Orders in Council under section twelve of the Maintenance Orders (Facilities for Enforcement) Act, 1920, to be revoked or varied; and for purposes connected with the matters aforesaid.

[7th July 1958]

Modifications etc. (not altering text)

C1Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

Commencement Information

I1Act not in force at Royal Assent see s. 23(3); Act wholly in force at 16.2.1959

Part IU.K. Registration, enforcement and variation of certain maintenance orders

Modifications etc. (not altering text)

1 Application of Part I. E+W

(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 [F1to 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.]

[F2(1A)In the following provisions of this Act “maintenance order” means any order[F3, decision, settlement[F4, arrangement] or instrument] specified in Schedule 8 to the M1Administration of Justice Act 1970.]

[F5(2)For the purposes of subsection (1) above, a maintenance order made by a court in Scotland or Northern Ireland and registered in [F6the High Court] under Part II of the Maintenance Orders Act 1950 shall be deemed to have been made by [F6the High Court].

(2A)This Part of this Act applies—

(a)to maintenance orders made by the High CourtF7..., other than orders registered in Scotland or Northern Ireland under Part II of the Maintenance Orders Act 1950, and

(b)to maintenance orders made by a court in Scotland or Northern Ireland and registered in [F8the High Court] under Part II of the Maintenance Orders Act 1950.]

(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—

  • [F9“High Court order” means an order made by the High Court;]

  • “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.

F10(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words 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)

F4Word 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)

F5S. 1(2)(2A) substituted for s. 1(2) by Administration of Justice Act 1977 (c. 38, SIF 37), s. 3, Sch. 3 para. 1, with effect in relation to the enforcement in one part of the United Kingdom of maintenance orders made in another part.

F6Words 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)

F7Words 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)

F8Words 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)

F9Words 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)

F10S. 1(4)-(6) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 4(6); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

Marginal Citations

2 Registration of orders. E+W

(1)A person entitled to receive payments under a High Court [F11order 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.

(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 [F12High 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 [F13sent to the family court];

but if at the expiration of the period aforesaid the [F12High Court] has not been so satisfied, the grant of the application shall become void.

F14(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14[F15(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(3B)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)[F16An officer of the family court] who receives a certified copy of an order sent to [F17the court] under this section shall cause the order to be registered in that court.

F18F19[(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6ZA)Where a High Court F20... order is registered under this Part of this Act in [F21the family] court, then—

(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...

F22(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23(6ZB). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6ZC)Where by virtue of the provisions of this section F24... payments under an order cease to be or become payable to [F25the 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.]

[F26(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...

  • F27...]

(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.

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only.

Textual Amendments

F11Words 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)

F12Words 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)

F13Words 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)

F14S. 2(3)-(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(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)

F16Words 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)

F17Words 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)

F18S. 2(6) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(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)

F19S. 2(6)-(6ZC) substituted (E.W.) (1.4.1992) for s. 2(6) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 10, Sch. 1 para. 7; S.I. 1992/455, art. 2.

F20Words 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)

F21Words 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)

F22S. 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)

F23S. 2(6ZB) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(7); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F24Words 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)

F25Words 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)

F26S. 2(6A) added by Administration of Justice Act 1977 (c. 38, SIF 37), s. 3, Sch. 3 para. 2, with effect in relation to the enforcement in one part of the United Kingdom of maintenance orders made in another part.

F27Words 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)

Modifications etc. (not altering text)

C6S. 2 (except subsection (6A)) modified by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 36(3), 52

2 Registration of orders. S+N.I.

(1)A person entitled to receive payments under a High Court [F11order 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.

(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 [F12High 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 [F13sent to the family court];

but if at the expiration of the period aforesaid the [F12High Court] has not been so satisfied, the grant of the application shall become void.

F14(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14[F93(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(3B)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)[F16An officer of the family court ] who receives a certified copy of an order sent to [F17the court] under this section shall cause the order to be registered in that court.

F18(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F94(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...

  • F27...]

(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.

Extent Information

E2This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only.

Textual Amendments

F11Words 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)

F12Words 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)

F13Words 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)

F14S. 2(3)-(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(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)

F16Words 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)

F17Words 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)

F18S. 2(6) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 5(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)

F27Words 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)

F94S. 2(6A) added by Administration of Justice Act 1977 (c. 38, SIF 37), s. 3, Sch. 3 para. 2, with effect in relation to the enforcement in one part of the United Kingdom of maintenance orders made in another part.

Modifications etc. (not altering text)

C20S. 2 (except subsection (6A)) modified by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 36(3), 52

2A[F28No interest on sums recoverable under registered orders]U.K.

F29(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F30...Sums payable under registered orders shall not carry interest.

Textual Amendments

F28S. 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)

F29S. 2A(1)-(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 6(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)

F30Words 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)

Modifications etc. (not altering text)

C8S. 2A modified by Civil Jurisdiction and Judgments Act 1982, (c. 27, SIF 45:3), ss. 36(3), 52

3 Enforcement of registered orders. E+W

(1)Subject to the provisions of [F31section 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.

F32(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32(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.

F33(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F32S. 3(2)-(2B) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 7; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F33S. 3(3A) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 7; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

4 Variation of orders registered in magistrates’ courts. E+W

(1)The provisions of this section shall have effect with respect to the variation of [F34High Court orders registered in the family court], and references in this section to registered orders shall be construed accordingly.

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

(a)the [F35family 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 [F36High Court]; and

(b)a rate of payments specified by a registered order shall not be varied except by the [F37family court.]

F38(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38(2B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38(2C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

(4)If F40... 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 [F41and it appears to the family court] that it is for any reason appropriate to remit the application to the [F42High Court], the [F43family court] shall so remit the application, and the [F42High Court] shall thereupon deal with the application as if the order were not registered.

(5)Nothing in subsection (2) of this section shall affect the jurisdiction of the [F44High 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—

(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.

F45(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(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)[F46Although 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 [F47the family court] in respect of an order made by the Court of Session or the High Court in Northern Ireland and registered in [F48the family court] in accordance with the provisions of this Part of this Act by virtue of [F49sections 1(2) and 2(6A)] above.

[F50(6B)No application for any variation of a registered order shall be made to [F51the family court] in respect of an order for periodical or other payments made under Part III of the Matrimonial and Family Proceedings Act 1984 [F52or under Schedule 7 to the Civil Partnership Act 2004].]

F53(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F34Words 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)

F35Words 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)

F36Words 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)

F37Words 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)

F38S. 4(2A)-(2C) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(5); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F40Words 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)

F41Words 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)

F42Words 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)

F43Words 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)

F44Words 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)

F45S. 4(5A)(5B) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(5); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F46Words 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)

F47Words 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)

F48Words 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)

F49Words 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)

F51Words 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)

F53S. 4(7) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 8(5); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

[4AF54Variation etc. of orders registered in the [F55family court].E+W

F56(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The [F57family court] may exercise the same powers in relation to a registered order as are exercisable by the [F57family 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 [F57family court], including the power under subsection (7) of that section to revoke, suspend, revive or vary—

F58(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.]

Textual Amendments

F54S. 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.

F55Words 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)

F56S. 4A(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 9(2); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F57Words 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)

F58S. 4A(2)(a) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 9(4); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

5 Cancellation of registration. U.K.

(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 [F59the family court], the original court may, if it thinks fit, give notice under this section.

F60(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)F61. . . and

(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 [F62the family court], that no proceedings for the variation of the order are pending in [F62the family court].

[F63(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.]

F64[(5)On the cancellation of the registration of a High Court F65... order—

[F66(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 F65... 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.

F67(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In [F68subsection (5)] of this section “High Court order”F69... shall be construed in accordance with section 2(6A) of this Act.]

Textual Amendments

F59Words 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)

F60S. 5(3) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 10(3) (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)

F61Words 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)

F62Words 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)

F63S. 5(4A) added by Administration of Justice Act 1977 (c. 38, SIF 37), s. 3, Sch. 3 para. 4(b), with effect in relation to the enforcement in one part of the United Kingdom of maintenance orders made in another part.

F64S. 5(5)-(7) substituted (1.4.1992) for s. 5(5) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 10, Sch. 1 para. 11; S.I. 1992/ 455, art. 2.

F65Words 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)

F66S. 5(5)(a)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 10(5)(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F67S. 5(6) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 10(6); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F68Words 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)

F69Words 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)

Modifications etc. (not altering text)

Part IIE+W Attachment of earnings orders

6—8.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70E+W

Textual Amendments

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71E+W

Textual Amendments

10—15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72E+W

Textual Amendments

Part IIIU.K. Miscellaneous and Supplemental

MiscellaneousE+W

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73E+W

Textual Amendments

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

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.

Modifications etc. (not altering text)

F7418 Powers of magistrates to review committals, etc. E+W

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

Textual Amendments

F74S. 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)

[F7519 Revocation and variation of Orders in Council under 10 & 11 Geo. 5. c. 33, s. 12.E+W

Her Majesty may by Order in Council revoke or vary any Order in Council made under section twelve of the M2Maintenance 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.]

Textual Amendments

Marginal Citations

SupplementalU.K.

20[F76Repeat applications to enforce payment of maintenance arrears]E+W+N.I.

F77(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F77(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—

[F78(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

(4),(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F81

(8)For the avoidance of doubt it is hereby declared that [F82an application] may be made to enforce payment of a sum due and unpaid under a maintenance order notwithstanding that a previous [F83application] 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 [F83application].

Textual Amendments

F76S. 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)

F77S. 20(1)(2) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 12(2); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F78The text of s. 20(3)(a) which is spent (N.I.) is repealed (E.W.) (S.) by Attachment of Earnings Act 1971 (c. 32), Sch. 6

F79S. 20(3)(b)(4)(5) repealed by Attachment of Earnings Act 1971 (c. 32), Sch. 6

F82Words 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)

F83Word 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)

Modifications etc. (not altering text)

C16The text of s. 20(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

21 Interpretation, etc.E+W

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

  • F84...

  • . . . F85

  • “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

  • “England” includes Wales;

  • . . . F85

  • “prescribed” means prescribed by rules of court;

  • [F86“proper officer”, in relation to a magistrates’ court, means the clerk of the court;]

  • F87...

(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

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

Textual Amendments

F84Words 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)

F85Definitions of “attachment of earnings order”, “earnings”, “employer”, “excepted sums”, and “maintenance order” repealed by Administration of Justice Act 1970 (c. 31), Sch. 11

F86Definition 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)

Modifications etc. (not altering text)

C17S. 21 applied (14.10.1991) by S.I. 1991/1247, rule 7.22

22 F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

23 Short title, extent, commencement and repeals.U.K.

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

[F90(2)The following provisions of this Act, namely—

  • section 2 [F91section 2A];

  • section 5(2), (3), (4) and (4A);

extend to Scotland and Northern Ireland.

(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 M3Guardianship of Infants Act, 1925, and section ten of the M4Affiliation 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.

Subordinate Legislation Made

P1S. 23(3) power fully exercised (11.12.1958): 16.2.1959 for whole Act by S.I. 1958/2111

Textual Amendments

F90S. 23(2)(2A)(2B) substituted for s. 23(2) by Administration of Justice Act 1977 (c. 38, SIF 37), s. 3, Sch. 3 para. 5, with effect in relation to the enforcement in one part of the United Kingdom of maintenance orders made in another part.

Marginal Citations

F92F92SCHEDULEE+W

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

Textual Amendments

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