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Maintenance Orders Act 1958
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Version Superseded: 01/04/2001
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Maintenance Orders Act 1958, Section 21 is up to date with all changes known to be in force on or before 07 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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21 Interpretation, etc.E+W
(1)In this Act, unless the context otherwise requires, the following expressions have the following meanings—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1, “magistrates’ court” and “petty sessions area” have the meanings assigned to them by [F2the Magistrates’ Courts Act 1980] and for the purposes of the definition of a magistrates’ court the reference to that Act in [F2subsection (2) of section 148 thereof] shall be construed as including a reference to this Act;
. . . F3
“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;
. . . F3
“England” includes Wales;
. . . F3
“prescribed” means prescribed by rules of court;
“proper officer”, in relation to a magistrates’ court, means the clerk of the court;
“rules of court”, in relation to a magistrates’ court, means rules under section fifteen of the Justices of the M1Peace Act, 1949.
(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
(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
F1Words repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(4), Sch. 4
F2Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 24
F3Definitions of “attachment of earnings order”, “earnings”, “employer”, “excepted sums”, and “maintenance order” repealed by Administration of Justice Act 1970 (c. 31), Sch. 11
F4S. 21(5) repealed by Administration of Justice Act 1970 (c. 31), Sch. 11
Modifications etc. (not altering text)
C1S. 21 applied (14.10.1991) by S.I. 1991/1247, rule7.22
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