Maintenance Orders Act 1958

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 a magistrates’ court, the original court may, if it thinks fit, give notice under this section.

(3)Where [F1the original court] discharges an order registered in the High Court and it appears to [F1the original court], whether by reason of the remission of arrears by that court or otherwise, that no arrears under the order remain to be recovered, [F1the original court] shall give notice under this section.

(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)F2. . . 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 a magistrates’ court, that no proceedings for the variation of the order are pending in a magistrates’ court.

[F3(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.]

[F4(5)On the cancellation of the registration of a High Court or county court order—

(a)any order which requires payments under the order in question to be made (otherwise than to the clerk of a magistrates’ court) by any method of payment falling within section 59(6) of theMagistrates’ Courts Act 1980 or section 1(5) of the Maintenance Enforcement Act 1991 (standing order, etc.) shall continue to have effect; and

(b)any order made under section 2(6ZA)(b) of this Act or by virtue of the powers conferred by section 3(2A) or (2B) or section 4(2A), (5A) or (5B) of this Act and which requires payments under the order in question to be made tothe clerk of a magistrates’ court (whether or not by any method of payment falling within section 59(6) of the Magistrates’ Courts Act 1980) shall 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 or county court 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.

(6)On the cancellation of the registration of a magistrates’ court order—

(a)any order which requires payments under the magistrates’ court order to be made by any method of payment falling within section 59(6) of the Magistrates’ Courts Act 1980 or section 1(5) of the Maintenance Enforcement Act 1991 (standing order, etc.) shall continue to have effect; and

(b)in any other case, payments shall become payable to the clerk of the original court;

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 magistrates’ court order if he makes payments in accordance with any order which was in force immediately before the cancellation and of which he has notice.

(7)In subsections (5) and (6) of this section “High Court order” and “magistrates’ court order” shall be construed in accordance with section 2(6A) of this Act.]