C7Part I Registration, enforcement and variation of certain maintenance orders

Annotations:
Modifications etc. (not altering text)

C2C3E12 Registration of orders. C1

1

A person entitled to receive payments under a High Court F19order 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 F6High 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 F7sent to the family court;

but if at the expiration of the period aforesaid the F6High Court has not been so satisfied, the grant of the application shall become void.

F83

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F8F13A

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F83B

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F84

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5

F10An officer of the family court who receives a certified copy of an order sent to F11the court under this section shall cause the order to be registered in that court.

F9F26

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6ZA

Where a High Court F12... order is registered under this Part of this Act in F13the 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; F14...

F14b

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F156ZB

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6ZC

Where by virtue of the provisions of this section F16... payments under an order cease to be or become payable to F17the 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.

F36A

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, F18...

  • F18...

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.

C5C6E22 Registration of orders. C4

1

A person entitled to receive payments under a High Court F19order 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 F6High 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 F7sent to the family court;

but if at the expiration of the period aforesaid the F6High Court has not been so satisfied, the grant of the application shall become void.

F83

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

F8F43A

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F83B

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

F84

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5

F10An officer of the family court who receives a certified copy of an order sent to F11the court under this section shall cause the order to be registered in that court.

F96

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F56A

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, F18...

  • F18...

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.