Part IU.K. Jurisdiction

Jurisdiction of English CourtsU.K.

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1U.K.

2

(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4U.K.

4†Contributions under Children and Young Persons Act 1933, and National Assistance Act 1948U.K.

(1)A court of summary jurisdiction in England shall have jurisdiction in proceedings against a person residing in Scotland or Northern Ireland—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(b)for an order under section forty-three of the M1National Assistance Act 1948 (which provides for the recovery from spouses or parents of sums in respect of assistance given under that Act).

[F6(c)for an order under section 18 of the M2Supplementary Benefits Act 1976 (which provides for the recovery of expenditure on supplementary benefits from persons liable for maintenance).]

[F7(d)for an order under section 24 of the Social Security Act 1986 (which provides for the recovery of expenditure on income support from such persons);]

(2)A court in England by which an order has been made under . . . F8 the said section forty-three [F9or the said section 18][F10or the said section 24]shall have jurisdiction in proceedings by or against a person residing in Scotland or Northern Ireland for the revocation, revival or variation of that order.

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11U.K.

Jurisdiction of Scottish CourtsU.K.

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12U.K.

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13U.K.

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14U.K.

9 Contributions under Children and Young Persons (Scotland) Act 1937, and National Assistance Act 1948.U.K.

(1)A court in Scotland shall have jurisdiction in proceedings against a person residing in England or Northern Ireland—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

[F16(aa)for a contribution order under section 80 of the M3Social Work (Scotland) Act 1968 (enforcement of duty to make contributions by parents in respect of their children while in the care of a local authority under Part II of that Act or under a supervision requirement);]

(b)for an order under section forty-three [F17or the said section 80] of the M4National Assistance Act 1948 (which provides for the recovery from spouses or parents of sums in respect of assistance given under that Act).

[F18(c)for an order under section 18 of the Supplementary Benefits Act 1976 (which provides for the recovery of expenditure on supplementary benefits from persons liable for maintenance).]

[F19(d)for an order under section 24 of the Social Security Act 1986 (which provides for the recovery of expenditure on income support from such persons);]

(2)A court in Scotland by which an order has been made under the said section ninety-one or the said section forty-three [F17or the said section 80][F20or the said section 18][F21or the said section 24] shall have jurisdiction in proceedings against a person residing in England or Northern Ireland for the revocation or variation of that order.

Jurisdiction of Northern Ireland CourtsU.K.

10 Jurisdiction of Northern Ireland courts to make orders under the Summary Jurisdiction (Separation and Maintenance) Act (Northern Ireland) 1945.U.K.

(1)Subject to the following provisions of this section, a court of summary jurisdiction in Northern Ireland shall have jurisdiction to make an order under section three or section four of the M5Summary Jurisdiction (Separation and Maintenance) Act (Northern Ireland), 1945, in proceedings against a [F22person] residing in England or Scotland, if the applicant in the proceedings resides in Northern Ireland and the parties last ordinarily resided together as man and wife in Northern Ireland.

(2)It is hereby declared that a court in Northern Ireland has jurisdiction—

(a)in proceedings under the said Act by a [F22person] residing in England or Scotland against a [F22person] residing in Northern Ireland;

(b)in proceedings under section five of the said Act by or against a person residing in England or Scotland for the variation, discharge or suspension of an order made under section three or section four of the said Act.

(3)The reference in this section to the discharge of an order made under section three or section four of the M6Summary Jurisdiction (Separation and Maintenance) Act (Northern Ireland) 1945, includes a reference to the making of a new order under subsection (2) of section five of that Act.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

11 Jurisdiction of Northern Ireland courts to make affiliation orders.U.K.

(1)A court in Northern Ireland shall have jurisdiction in proceedings under the M7Illegitimate Children (Affiliation Orders) Act (Northern Ireland) 1924, [F24section 159 of the M8Children and Young Persons Act (Northern Ireland) 1968, Article 102 of the M9Health and Personal Social Services (Northern Ireland) Order 1972 or Article 24 of the M10Supplementary Benefits (Northern Ireland) Order 1977 [F25or any enactment applying in Northern Ireland and corresponding to section 25 of the Social Security Act 1986]]for an affiliation order against a man residing in England or Scotland, if the act of intercourse resulting in the birth of the child or any act of intercourse between the parties which may have resulted therein took place in Northern Ireland.

(2)Where the mother of a child resides in England or Scotland and the person alleged to be the father in Northern Ireland, a court of summary jurisdiction for the petty sessions district in which the person alleged to be the father resides shall have jurisdiction in proceedings by the mother for an affiliation order against him under the Illegitimate Children (Affiliation Orders) Act (Northern Ireland) 1924.

(3)A court in Northern Ireland shall have jurisdiction in proceedings by or against a person residing in England or Scotland for the revocation, revival or variation of an affiliation order made under any of the enactments mentioned in subsection (1) of this section.

(4)Notwithstanding anything in subsection (3) of section two of the M11Illegitimate Children (Affiliation Orders) Act (Northern Ireland) 1924, an application under that Act for an affiliation order in respect of a child born before the commencement of this Act may be made to a court having jurisdiction by virtue of subsection (1) of this section at any time within one year after the commencement of this Act if—

(a)the person alleged to be the father of the child ceased to reside in Northern Ireland before the expiration of one year from the birth of the child; and

(b)the circumstances are such that if that person had become resident in Northern Ireland immediately before the application, the court would have had jurisdiction in proceedings under the said Act apart from the provisions of this section.

12 Contributions under enactments relating to children, national assistance and welfare services.U.K.

(1)A court of summary jurisdiction in Northern Ireland shall have jurisdiction in proceedings against a person residing in England or Scotland—

(a)for a contribution order under [F26section 156 of the M12Children and Young Persons Act (Northern Ireland) 1968] (which provides for the recovery from parents of sums in respect of children and young persons received into care or otherwise dealt with under that Act);

[F27(b)for an order under Article 101 of the M13Health and Personal Social Services (Northern Ireland) Order 1972 (which provides for the recovery from spouses or parents of sums in respect of accommodation provided under that Order)]

[F28(c)for an order under [F29Article 23 of the Supplementary Benefits (Northern Ireland) Order 1977] (which provides for the recovery of the cost of supplementary benefit from persons liable for maintenance.]

[F30(d)for an order under section 24 of the Social Security Act 1986 (which provides for the recovery of expenditure on income support from such persons);]

(2)A court of summary jurisdiction in Northern Ireland shall have jurisdiction in proceedings by or against a person residing in England or Scotland for the variation or rescission of any contribution order made under the said section [F31156 or of any order made under either of the said Articles 101 and 23][F32or of any order falling within subsection (1)(d) of this section]

13 Transfer of proceedings in Northern Ireland.U.K.

(1)Proceedings begun against a defendant residing in England or Scotland in a court having jurisdiction by virtue of subsection (1) of section ten of this Act, not being a court having jurisdiction in the place where the parties last ordinarily resided together as man and wife, may be removed, upon application made by the defendant [F33in the prescribed manner], into a court of summary jurisdiction having jurisdiction in that place.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

SupplementalU.K.

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35U.K.

15 Service of process. U.K.

(1)[F36Where—

(a)proceedings are begun in a court having jurisdiction under or by virtue of the following, namely—

(i)this Part of this Act; or

[F37(ii)section 24(1) and 30(3) of the M14Domestic Proceedings and Magistrates’ Courts Act 1978]

[F38(iii)section 15 of the M15Guardianship of Minors Act 1971; or

(iv)section 41 of the M16Maintenance Orders (Reciprocal Enforcement) Act 1972 [F39or sections 33 to 45 of the M17Children Act 1975][F40or section 55 of the M18Child Care Act 1980]or]

[F38(iii)section 92 of and Schedule 11 to the Children Act M191989; or

(iv)section 93(2)(g) of that Act (including that provision as applied in relation to Northern Ireland by section 116(3) of the Courts and Legal Services Act 1990)]

[F41(v)Article 26(1) or 32(2) of the M20Domestic Proceedings (Northern Ireland) Order 1980; or]

[F42(vi)Article 5(2) of Schedule 4 to the Civil Jurisdiction and Judgments Act 1982; or]

(b)an action [F43which contains a conclusion for aliment not falling within the scope of paragraph (a)(i) above]is commenced in a sheriff court in Scotland,

and the person against whom the action or other proceedings is or are brought resides] in another part of the United Kingdom, any summons or initial writ addressed to him in the proceedings may, if endorsed in accordance with the provisions of this section in that part of the United Kingdom, be served within that part of the United Kingdom as if it had been issued or authorised to be served, as the case may be, by the endorsing authority.

(2)A summons or writ may be endorsed under this section, in England by a justice of the peace, in Scotland by a sheriff, and in Northern Ireland by a resident magistrate; and the endorsement shall be made in the form numbered 1 in the Second Schedule to this Act, or any form to the like effect.

(3)In any proceedings in which a summons or writ is served under this section, the service may be proved by means of a declaration made in the form numbered 2 in the Second Schedule to this Act, or any form to the like effect, before a justice of the peace, sheriff, or resident magistrate, as the case may be.

(4)Nothing in this section shall be construed as authorising the service of a summons or writ otherwise than personally.

(5)Section four of the M21Summary Jurisdiction (Process) Act 1881, shall not apply to any process which may be served under this section; and nothing in this section or in any other enactment shall be construed as authorising the execution in one part of the United Kingdom of a warrant for the arrest of a person who fails to appear in answer to any such process issued in another part of the United Kingdom.

Part IIU.K. Enforcement

16 Application of Part II. U.K.

(1)Any order to which this section applies (in this Part of this Act referred to as a maintenance order) made by a court in any part of the United Kingdom may, if registered in accordance with the provisions of this Part of this Act in a court in another part of the United Kingdom, be enforced in accordance with those provisions in that other part of the United Kingdom.

(2)This section applies to the following orders, that is to say—

(a)an order for alimony, maintenance or other payments made or deemed to be made by a court in England under any of the following enactments:—

[F44(i)sections 15 to 17, 19 to 22, 30, 34 and 35 of the M22Matrimonial Causes Act 1965 and sections 22, 23(1), (2) and (4) and 27 of the M23Matrimonial Causes Act 1973][F45and section 14 or 17 of the Matrimonial and Family Proceedings Act 1984];

[F46(ii)Part I of the M24Domestic Proceedings and Magistrates’ Courts Act 1978];

[F47(iii)section 11B, 11C(1) or 11D of the Guardianship of Minors Act M251971 or section 2(3) or 2(4A) of the Guardianship Act M261973;]

[F48(iii)Schedule 1 to the Children Act 1989]

(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

(v)[F50[F51section 47 of the M27Child Care Act 1980]][F50paragraph 23 of Schedule 2 to the Children Act 1989], or section forty-three of the M28National Assistance Act 1948;

[F52(vi)section 18 of the M29Supplementary Benefits Act 1976 . . . F53;]

(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54

[F55[F56(vii)section 34(1)(b) of the Children Act 1975;]]

[F57(viii)section 24 of the Social Security Act 1986 . . . F58;]

(b)a decree for payment of aliment granted by a court in Scotland, including—

(i)an order for the payment of an annual or periodical allowance under section two of the M30Divorce (Scotland) Act 1938 [F59an order for the payment of a periodic allowance [F60or a capital sum] under section 26 of the M31Succession (Scotland) Act 1964 or section 5 of the M32Divorce (Scotland) Act 1976][F61or section 29 of the Matrimonial and Family Proceedings Act 1984]; [F62or an order for financial provision in the form of a monetary payment under section 8 of the Family Law (Scotland) Act 1985];

(ii)an order for the payment of weekly or periodical sums under subsection (2) of section three or subsection (4) of section five of the M33Guardianship of Infants Act 1925;

(iii)an order for the payment of sums in respect of aliment under subsection (3) of section one of the M34Illegitimate Children (Scotland) Act 1930;

(iv)a decree for payment of aliment under section forty-four of the M35National Assistance Act 1948, or under section twenty-six of the M36Children Act 1948; and

(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63an order under section forty-three of the M37National Assistance Act 1948;

[F64(vi)a contribution order under section 80 of, or a decree or an order made under section 81 of, the M38Social Work (Scotland) Act 1968;]

[F65(vii)an order for the payment of weekly or other periodical sums under subsection (3) of section 11 of the M39Guardianship Act 1973;]

[F66(viii)an order made on an application under [F67section 18 or 19(8)]of the M40Supplementary Benefits Act 1976;]

[F68(ix)an order made on an application under section 24 of the Social Security Act 1986;]

(c)an order for alimony, maintenance or other payments made by a court in Northern Ireland under or by virtue of any of the following enactments:—

(i)subsection (2) of section seventeen, subsections (2) to (7) of section nineteen, subsection (2) of section twenty, section twenty-two or subsection (1) of section twenty-eight of the M41Matrimonial Causes Act (Northern Ireland) 1939;

(ii)the M42Summary Jurisdiction (Separation and Maintenance) Act (Northern Ireland) 1945;

(iii)section one of the M43Illegitimate Children (Affiliation Orders) Act (Northern Ireland) 1924, [F69section 159 of the M44Children and Young Persons Act (Northern Ireland) 1968 or Article 102 of the M45Health and Personal Social Services (Northern Ireland) Order 1972];

[F70(iv)section 156 of the Children and Young Persons Act (Northern Ireland) 1968 or Article 101 of the Health and Personal Social Services (Northern Ireland) Order 1972;]

[F71(v)any enactment of the Parliament of Northern Ireland containing provisions corresponding with section 22(1), 34 or 35 of the M46Matrimonial Causes Act 1965, with section 22, 23(1), (2) or (4) or 27 of the M47Matrimonial Causes Act 1973, or with section 12(2) of the M48Guardianship of Minors Act 1971.]

[F72(vi)Article 23 or 24 of the Supplementary Benefits (Northern Ireland) Order 1977.]

[F73(vii)the Domestic Proceedings (Northern Ireland) Order 1980.]

[F74(viii)any enactment applying in Northern Ireland and corresponding to section 24 of the Social Security Act 1986;]

[F75(ix)Article 18 or 21 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989;]

(3)For the purposes of this section, any order made before the commencement of the M49Matrimonial Causes Act (Northern Ireland) 1939, being an order which, if that Act had been in force, could have been made under or by virtue of any provision of that Act, shall be deemed to be an order made by virtue of that provision.

17 Procedure for registration of maintenance orders. U.K.

(1)An application for the registration of a maintenance order under this Part of this Act shall be made in the prescribed manner to the appropriate authority, that is to say—

(a)where the maintenance order was made by a court of summary jurisdiction in England, a justice or justices acting for the same place as the court which made the order;

(b)where the maintenance order was made by a court of summary jurisdiction in Northern Ireland, a resident magistrate acting for the same petty sessions district as the court which made the order;

(c)in every other case, the prescribed officer of the court which made the order.

(2)If upon application made as aforesaid by or on behalf of the person entitled to payments under a maintenance order it appears that the person liable to make those payments resides in another part of the United Kingdom, and that it is convenient that the order should be enforceable there, the appropriate authority shall cause a certified copy of the order to be sent to the prescribed officer of a court in that part of the United Kingdom in accordance with the provisions of the next following subsection.

(3)The Court to whose officer the certified copy of a maintenance order is sent under this section shall be—

(a)where the maintenance order was made by a superior court, the Supreme Court of Judicature in England, the Court of Session or the Supreme Court of Judicature of Northern Ireland, as the case may be;

(b)in any other case, a court of summary jurisdiction acting for the place in England or Northern Ireland in which the defendant appears to be, or, as the case may be, the sheriff court in Scotland within the jurisdiction of which he appears to be.

(4)Where the prescribed officer of any court receives a certified copy of a maintenance order sent to him under this section, he shall cause the order to be registered in that court in the prescribed manner, and shall give notice of the registration in the prescribed manner to the prescribed officer of the court which made the order.

(5)The officer to whom any notice is given under the last foregoing subsection shall cause particulars of the notice to be registered in his court in the prescribed manner.

(6)Where the sums payable under a maintenance order, being an order made by a court of summary jurisdiction in England or Northern Ireland, are payable to or through an officer of any court, that officer shall, if the person entitled to the payments so requests, make an application on behalf of that person for the registration of the order under this Part of this Act; but the person at whose request the application is made shall have the same liability for costs properly incurred in or about the application as if the application had been made by him.

(7)An order which is for the time being registered under this Part of this Act in any court shall not be registered thereunder in any other court.

18 Enforcement of registered orders.U.K.

(1)Subject to the provisions of this section, a maintenance order registered under this Part of this Act in a court in any part of the United Kingdom may be enforced in that part of the United Kingdom in all respects as if it had been made by that court and as if that court had had jurisdiction to make it; and proceedings for or with respect to the enforcement of any such order may be taken accordingly.

[F76(1A)A maintenance order registered under this Part of this Act in a court of summary jurisdiction in England or Northern Ireland shall not carry interest; but where a maintenance order so registered is registered in the High Court under Part I of the Maintenance Orders Act 1958 or section 36 of the Civil Jurisdiction and Judgments Act 1982, this subsection shall not prevent any sum for whose payment the order provides from carrying interest in accordance with section 2A of the said Act of 1958 or section 11A of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966.

(1B)A maintenance order made in Scotland which is registered under this Part of this Act in the Supreme Court in England or Northern Ireland shall, if interest is by the law of Scotland recoverable under the order, carry the like interest in accordance with subsection (1) of this section.]

[F77(2)Every maintenance order registered under this Part of this Act in a magistrates’ court in England and Wales [F78shall, subject to the modifications of sections 76 and 93 of the Magistrates’ Courts Act 1980 specified in subsections (2ZA) and (2ZB) of this section, be enforceable] as a magistrates’ court maintenance order within the meaning of section 150(1) of the Magistrates’ Courts Act M501980.]

[F79F80(2ZA)Section 76 (enforcement of sums adjudged to be paid) shall have effect as if for subsections (4) to (6) there were substituted the following subsections—

“(4)Where proceedings are brought for the enforcement of a magistrates’ court maintenance order under this section, the court may vary the order by exercising one of its powers under subsection (5) below.

(5)The powers of the court are—

(a)the power to order that payments under the order be made directly to the clerk of the court or the clerk of any other magistrates’ court;

(b)the power to order that payments under the order be made to the clerk of the court, or to the clerk of any other magistrates’ court, by such method of payment falling within section 59(6) above (standing order, etc.) as may be specified;

(c)the power to make an attachment of earnings order under the M51Attachment of Earnings Act 1971 to secure payments under the order.

(6)In deciding which of the powers under subsection (5) above it is to exercise, the court shall have regard to any representations made by the debtor (within the meaning of section 59 above).

(7)Subsection (4) of section 59 above (power of court to require debtor to open account) shall apply for the purposes of subsection (5) above as it applies for the purposes of that section but as if for paragraph (a) there were substituted—

“( a)the court proposes to exercise its power under paragraph (b) of section 76(5) below, and”.”

(2ZB)In section 93 (complaint for arrears), subsection (6) (court not to impose imprisonment in certain circumstances) shall have effect as if for paragraph (b) there were substituted—

“(b)if the court is of the opinion that it is appropriate—

(i)to make an attachment of earnings order; or

(ii)to exercise its power under paragraph (b) of section 76(5) above. ”]

[F79(2A)Any person under an obligation to make payments under a maintenance order registered under this Part of this Act in a court of summary jurisdiction in England [F81or Northern Ireland]shall give notice of any change of address to the clerk of the court; and any person who without reasonable excuse fails to give such a notice shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale (as defined in section 75 of the Criminal Justice Act 1982).]

(3)Every maintenance order registered under this Part of this Act in a court of summary jurisdiction in Northern Ireland . . . F82 shall be enforceable as if it were an order made by that court under the M52Summary Jurisdiction (Separation and Maintenance) Act (Northern Ireland) 1945, and the provisions of [F83Article 98 of the Magistrates’ Courts (Northern Ireland) Order 1981 shall apply accordingly].

[F84(3A)Notwithstanding subsection (1) above, no court in England in which a maintenance order is registered under this Part of this Act shall enforce that order [F85to the extent that it is for the time being registered]in another court in England under Part I of the M53Maintenance Orders Act 1958.]

[F86(3B)Notwithstanding subsection (1) above, no court in Northern Ireland in which a maintenance order is registered under this Part of this Act shall enforce that order to the extent that it is for the time being registered in another court in Northern Ireland under section 36 of the Civil Jurisdiction and Judgments Act 1982.]

(4), (5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F87

(6)Except as provided by this section, no proceedings shall be taken for or with respect to the enforcement of a maintenance order which is for the time being registered in any court under this Part of this Act.

19 Functions of collecting officer, etc.U.K.

(1)Where a maintenance order made in England or Northern Ireland by a court of summary jurisdiction is registered in any court under this Part of this Act, any provision of the order by virtue of which sums payable thereunder are required to be paid through or to any officer or person on behalf of the person entitled thereto shall be of no effect so long as the order is so registered.

(2)Where a maintenance order is registered under this Part of this Act in a court of summary jurisdiction in England or Northern Ireland, the court shall, [F88unless, in the case of a court of summary jurisdiction in Northern Ireland, it is satisfied that it is undesirable to do so], order that all payments to be made under the maintenance order (including any arrears accrued before the date of the registration) shall be made through the collecting officer of the court or the collecting officer of some other court of summary jurisdiction in England or Northern Ireland, as the case may be.

[F89(3)An order made under subsection (2) of this section—

(a)by a court of summary jurisdiction in England may be varied or revoked by an exercise of the powers conferred by virtue of section 18(2ZA) or section 22(1A) or (1E) of this Act;

(b)by a court of summary jurisdiction in Northern Ireland may be varied or revoked by a subsequent order.]

(4)Where by virtue of the provisions of this section or any order made thereunder payments under a maintenance order cease to be or become payable through or to any officer or person, the person liable to make the payments shall, until he is given the prescribed notice to that effect, be deemed to comply with the maintenance order if he makes payments in accordance with the maintenance order and any order under this section of which he has received such notice.

(5)In any case where, by virtue of an order made under this section by a court in Northern Ireland, payments under a maintenance order are required to be made through the collecting officer of any court—

[F90(a)paragraph (4) of Article 85 of the Magistrates’ Courts (Northern Ireland) Order 1981 (which regulates the functions of collecting officers in relation to orders for periodical payment) shall apply as if the order made under this section were made under the said Article 85; and

(b)paragraph (7) of the said Article 85 shall have effect as if money paid in accordance with an order under this section were paid in pursuance of an order under the said Article 85.]

20 Arrears under registered maintenance orders.U.K.

(1)Where application is made for the registration of a maintenance order under this Part of this Act, the applicant may lodge with the appropriate authority—

(a)if the payments under the order are required to be made to or through an officer of any court, a certificate in the prescribed form, signed by that officer, as to the amount of any arrears due under the order;

(b)in any other case, a statutory declaration or affidavit as to the amount of those arrears;

and if a certified copy of the maintenance order is sent to the prescribed officer of any court in pursuance of the application, the certificate, declaration or affidavit shall also be sent to that officer.

(2)In any proceedings for or with respect to the enforcement of a maintenance order which is for the time being registered in any court under this Part of this Act, a certificate, declaration or affidavit sent under this section to the appropriate officer of that court shall be evidence, and in Scotland sufficient evidence, of the facts stated therein.

(3)Where a maintenance order made by a court in England or Northern Ireland is registered in a court in Scotland, a person shall not be entitled, except with the leave of the last-mentioned court, to enforce, whether by diligence or otherwise, the payment of any arrears accrued and due under the order before the commencement of this Act; and on any application for leave to enforce the payment of any such arrears, the court may refuse leave, or may grant leave subject to such restrictions and conditions (including conditions as to the allowing of time for payment or the making of payment by instalments) as the court thinks proper, or may remit the payment of such arrears or of any part thereof.

21 Discharge and variation of maintenance orders registered in superior courts.U.K.

(1)The registration of a maintenance order in a superior court under this Part of this Act shall not confer on that court any power to vary or discharge the order, or affect any jurisdiction of the court in which the order was made to vary or discharge the order.

(2)Where a maintenance order made in Scotland is for the time being

[F91(a)registered under this Part of this Act in a superior court and not registered under Part I of the M54Maintenance Orders Act 1958 [F92or under section 36 of the Civil Jurisdiction and Judgments Act 1982], or

(b)registerd in a court in England under that Part of that Act [F93of 1958]by virtue of section 1(2) of that Act [F93of 1958],]

[F94(c)registered in a court in Northern Ireland under section 36 of the Civil Jurisdiction and Judgments Act 1982]

the person liable to make payments under the order may, upon application made to that court in the prescribed manner, adduce before that court any evidence upon which he would be entitled to rely in any proceedings brought before the court by which the order was made for the variation or discharge of the order.

(3)A court before which evidence is adduced in accordance with the foregoing subsection shall cause a transcript or summary of that evidence, signed by the deponent, to be sent to the prescribed officer of the court by which the order was made; and in any proceedings before the last-mentioned court for the variation or discharge of the order, the transcript or summary shall be evidence of the facts stated therein.

22 Discharge and variation of maintenance orders registered in summary or sheriff courts.U.K.

(1)Where a maintenance order is for the time being registered under this Part of this Act in a court of summary jurisdiction or sheriff court, that court may, upon application made in the prescribed manner by or on behalf of the person liable to make [F95periodical] payments under the order or the person entitled to those payments, by order make such variation as the court thinks fit in the rate of the payments under the maintenance order; but no such variation shall impose on the person liable to make payments under the maintenance order a liability to make payments in excess of the maximum rate (if any) authorised by the law for the time being in force in the part of the United Kingdom in which the maintenance order was made.

[F96(1A)The power of a magistrates’ court in England and Wales to vary a maintenance order under subsection (1) of this section shall include power, if the court is satisfied that payment has not been made in accordance with the order, to vary the order by exercising one of its powers under subsection (1B) of this section.

(1B)The powers of the court are—

(a)the power to order that payments under the order be made directly to the clerk of the court or the clerk of any other magistrates’ court in England and Wales;

(b)the power to order that payments under the order be made to the clerk of the court, or to the clerk of any other magistrates’ court in England and Wales, by such method of payment falling within section 59(6) of the M55Magistrates’ Courts Act 1980 (standing order, etc.) as may be specified;

(c)the power to make an attachment of earnings order under the M56Attachment of Earnings Act 1971 to secure payments under the order.

(1C)In deciding which of the powers under subsection (1B) of this section it is to exercise, the court shall have regard to any representations made by the person liable to make payments under the order.

(1D)Subsection (4) of section 59 of the Magistrates’ Courts Act 1980 (power of court to require debtor to open account) shall apply for the purposes of subsection (1B) of this section as it applies for the purposes of that section but as if for paragraph (a) there were substituted—

“(a)the court proposes to exercise its power under paragraph (b) of section 22(1B) of the M57Maintenance Orders Act 1950, and”.

(1E)Subsections (4) to (11) of section 60 of the Magistrates’ Courts Act 1980 (power of clerk and court to vary maintenance order) shall apply in relation to a maintenance order for the time being registered under this Part of this Act in a magistrates’ court in England and Wales as they apply in relation to a maintenance order made by a magistrates’ court in England and Wales but—

(a)as if in subsection (4) for paragraph (b) there were substituted—

“(b)payments under the order are required to be made to the clerk of the court, or to the clerk of any other magistrates’ court, by any method of payment falling within section 59(6) above (standing order, etc.)”; and as if after the words “the court” there were inserted “which made the order”;

(b)as if in subsection (5) for the words “to the clerk” there were substituted “in accordance with paragraph (a) of section 22(1B) of the Maintenance Orders Act 1950”;

(c)as if in subsection (7), paragraph (c) and the word “and” immediately preceding it were omitted;

(d)as if in subsection (8) for the words “paragraphs (a) to (d) of section 59(3) above” there were substituted “section 22(1B) of the Maintenance Orders Act 1950”;

(e)as if for subsections (9) and (10) there were substituted the following subsections—

“(9)In deciding which of the powers under section 22(1B) of the M58Maintenance Orders Act 1950 it is to exercise, the court shall have regard to any representations made by the debtor.

(10)Subsection (4) of section 59 above (power of court to require debtor to open account) shall apply for the purposes of subsection (8) above as it applies for the purposes of that section but as if for paragraph (a) there were substituted—

“(a)the court proposes to exercise its power under paragraph (b) of section 22(1B) of the Maintenance Orders Act 1950, and”.”]

(2)For the purposes of subsection (1) of this section, a court in any part of the United Kingdom may take notice of the law in force in any other part of the United Kingdom.

(3)Section fifteen of this Act shall apply to the service of process for the purposes of this section as it applies to the service of process in proceedings begun in a court having jurisdiction by virtue of Part I of this Act.

(4)Except as provided by subsection (1) of this section, no variation shall be made in the rate of the payments under a maintenance order which is for the time being registered under this Part of this Act in a court of summary jurisdiction or sheriff court, but without prejudice to any power of the court which made the order to discharge it or vary it otherwise than in respect of the rate of the payments thereunder.

(5)Where a maintenance order is for the time being registered under this Part of this Act in a court of summary jurisdiction or sheriff court—

(a)the person entitled to payments under the order or the person liable to make payments under the order may, upon application made in the prescribed manner to the court by which the order was made, or in which the order is registered, as the case may be, adduce in the prescribed manner before the court in which the application is made any evidence on which he would be entitled to rely in proceedings for the variation or discharge of the order;

(b)the court in which the application is made shall cause a transcript or summary of that evidence, signed by the deponent, to be sent to the prescribed officer of the court in which the order is registered or of the court by which the order was made, as the case may be; and in any proceedings for the variation or discharge of the order the transcript or summary shall be evidence of the facts stated therein.

[F9723 Notice of variation, etc.U.K.

(1)Where a maintenance order registered under this Part of this Act is discharged or varied by any court, the prescribed officer of that court shall give notice of the discharge or variation in the prescribed manner—

(a)to the prescribed officer of any court in which the order is registered; and

(b)if the order was made by another court, to the prescribed officer of that court.

(2)Any officer to whom a notice is given under this section shall cause particulars of the notice to be registered in his court in the prescribed manner.]

24 Cancellation of registration.U.K.

(1)At any time while a maintenance order is registered under this Part of this Act in any court, an application for the cancellation of the registration may be made in the prescribed manner to the prescribed officer of that court by or on behalf of the person entitled to payments under the order; and upon any such application that officer shall (unless proceedings for the variation of the order are pending in that court), cancel the registration, and thereupon the order shall cease to be registered in that court.

(2)Where, after a maintenance order has been registered under this Part of this Act in a court of summary jurisdiction in England or Northern Ireland or a sheriff court in Scotland, it appears to the appropriate authority (as defined by section seventeen of this Act), upon application made in the prescribed manner by or on behalf of the person liable to make payments under the order, that that person has ceased to reside in England, Northern Ireland or Scotland, as the case may be, the appropriate authority may cause a notice to that effect to be sent to the prescribed officer [F98of any court] in which the order is registered; and where such a notice is sent the prescribed officer shall cancel the registration of the maintenance order, and thereupon the order shall cease to be registered in that court.

(3)Where the prescribed officer of any court cancels the registration of a maintenance order under this section, he shall give notice of the cancellation in the prescribed manner

[F99(a)to the prescribed officer of the court by which the order was made; and

(b)to the prescribed officer of any court in which it is registered under Part I of the M59Maintenance Orders Act 1958 [F100or section 36 of the Civil Jurisdiction and Judgments Act 1982].

(3A)On receipt of a notice under subsection (3) above:—

(a)any such officer as is mentioned in paragraph (a) of that subsection shall cause particulars of the notice to be registered in his court in the prescribed manner; and

(b)any such officer as is mentioned in paragraph (b) of that subsection shall cause particulars of the notice to be registered in his court in the prescribed manner and shall cancel the registration of the order.]

(4)Except as provided by subsection (5) of this section, the cancellation of the registration of a maintenance order shall not affect anything done in relation to the maintenance order while it was registered.

(5)On the cancellation of the registration of a maintenance order, any order made in relation thereto under subsection (2) of section nineteen of this Act shall cease to have effect; but until the person liable to make payments under the maintenance order receives the prescribed notice of the cancellation, he shall be deemed to comply with the maintenance order if he makes payments in accordance with any order under the said subsection (2) which was in force immediately before the cancellation.

[F101(5A)On the cancellation of the registration of a maintenance order registered in a magistrates’ court in England and Wales, any order—

(a)made in relation thereto by virtue of the powers conferred by section 18(2ZA) or section 22(1A) or (1E) of this Act, and

(b)requiring payment to the clerk of a magistrates’ court in England and Wales (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 until the person liable to make payments under the maintenance order receives the prescribed notice of the cancellation, he shall be deemed to comply with the maintenance order if he makes payments in accordance with any such order which was in force immediately before the cancellation.]

(6)Where, by virtue of an order made under subsection (2) of section nineteen of this Act, sums payable under a maintenance order registered in a court of summary jurisdiction in England or Northern Ireland are payable through the collecting officer of any court, that officer shall, if the person entitled to the payments so requests, make an application on behalf of that person for the cancellation of the registration.

25 Rules as to procedure of courts of summary jurisdiction.U.K.

(1)The power of the Lord Chancellor to make rules under [F102section 144 of the M60Magistrates’ Courts Act 1980], shall include power to make rules for regulating the practice to be followed in courts of summary jurisdiction in England under this Part of this Act.

(2)[F103Rules made under section 23 of the M61Magistrates’ Courts Act (Northern Ireland) 1964 may regulate] the practice to be followed in courts of summary jurisdiction in Northern Ireland under this Part of this Act.

(3)Rules made for the purposes of this Part of this Act may require that any order or other matter required under this Part of this Act to be registered in a court of summary jurisdiction in England or Northern Ireland shall be registered—

(a)in England, by means of a memorandum entered and signed by the prescribed officer of the court in the register kept pursuant to section twenty-two of the M62Summary Jurisdiction Act 1879;

(b)in Northern Ireland, by means of an entry made and signed by the prescribed officer of the court in the order book kept pursuant to [F104magistrates’ courts rules made under section 23(4) of the M63Magistrates’ Courts Act (Northern Ireland) 1964].

Part IIIU.K. General

26 Proof of declarations, etc.U.K.

(1)Any document purporting to be a declaration made under section fifteen of this Act, or to be a certified copy, statutory declaration, affidavit, certificate, transcript or summary made for the purposes of this Act or of any rules made thereunder shall, unless the contrary is shown, be deemed without further proof to be the document which it purports to be, and to have been duly certified, made or signed by or before the person or persons by or before whom it purports to have been certified, made or signed.

(2)Paragraph 7 of the Second Schedule to the M64Emergency Laws (Miscellaneous Provisions) Act 1947 (which relates to the proof of affiliation orders and maintenance orders and of orders for the discharge or variation of such orders), shall apply to the registration of orders under Part II of this Act, and to the cancellation of such registration, as it applies to the variation of orders; and for the purposes of that paragraph—

(a)a maintenance order registered under the said Part II in a court of summary jurisdiction; and

(b)any proceeding under the said Part II relating to a maintenance order made by or registered in such a court, being a proceeding of which a memorandum is required to be entered in the register kept by the clerk of that court pursuant to section twenty-two of the M65Summary Jurisdiction Act 1879,

shall be deemed to be an order made by that court.

27 General provisions as to jurisdiction.U.K.

(1)Nothing in this Act shall be construed as derogating from any jurisdiction exercisable, apart from the provisions of this Act, by any court in any part of the United Kingdom.

(2)It is hereby declared that any jurisdiction conferred by Part I of this Act, or any enactment therein referred to, upon a court in any part of the United Kingdom is exercisable notwithstanding that any party to the proceedings is not domiciled in that part of the United Kingdom; and any jurisdiction so conferred in affiliation proceedings shall be exercisable notwithstanding that the child to whom the proceedings relate was not born in that part of the United Kingdom.

(3)For the avoidance of doubt it is hereby declared that in relation to proceedings in which the sheriff has jurisdiction by virtue of the provisions of this Act there are the same rights of appeal and of remit to the Court of Session as there are in relation to the like proceedings in which the sheriff has jurisdiction otherwise than by virtue of the said provisions.

28 Interpretation.U.K.

(1)In this Act the following expressions have the meanings hereby assigned to them, that is to say—

• “certified copy”, in relation to an order of any 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;

• “collecting officer”, in relation to a court of summary jurisdiction in England, means the person authorised to act as such under [F105section 29 of the Justices of the M66Peace Act 1979] and in relation to a court of summary jurisdiction in Northern Ireland, means the officer [F106authorised to act as such for the purposes of Article 85 of the Magistrates’ Courts (Northern Ireland) Order 1981.];

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F107

• “enactment” includes any order, rule or regulation made in pursuance of any Act;

• “England” includes Wales;

• “prescribed” means, in relation to a court of summary jurisdiction in England or Northern Ireland, prescribed by rules made under section fifteen of the Justices of the M67Peace Act 1949, or by rules made [F108under section 23 of the M68Magistrates’ Courts Act (Northern Ireland) 1964], as the case may be, and in relation to any other court means prescribed by rules of court.

(2)References in this Act to parts of the United Kingdom are references to England, Scotland and Northern Ireland.

(3)Any reference in this Act to any enactment shall be construed as a reference to that enactment as amended by any subsequent enactment, including this Act.

29

(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F109

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F110

30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F111U.K.

31 Special provisions relating to Northern Ireland.U.K.

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F112

(2)Any reference in this Act to an enactment of the Parliament of Northern Ireland, or to an enactment which that Parliament has power to amend, shall be construed, in relation to Northern Ireland, as a reference to that enactment as amended by any Act of that Parliament, whether passed before or after this Act, and to any enactment of that Parliament passed after this Act and re-enacting the said enactment with or without modifications.

32 Short title and commencement.U.K.

(1)This Act may be cited as the Maintenance Orders Act 1950.

(2)This Act shall come into force on the first day of January, nineteen hundred and fifty-one.

SCHEDULES

F113F113FIRST SCHEDULEU.K.

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

SECOND SCHEDULEU.K. FORMS

Form No.1: Endorsement of SummonsU.K.

I, A.B., a justice of the peace [sheriff] [resident magistrate] for the [county] of , hereby authorise the service of this summons [writ] in England [Scotland] [Northern Ireland] under section fifteen of the Maintenance Orders Act, 1950.

Given under my hand this day of , 19 .

Form No. 2: Declaration as to ServiceU.K.

I, C.D. of hereby declare that on the day of 19 , I served E.F. of with the summons [writ] now shown to me and marked ”A’ by delivering a true copy to him.

(Signed) C.D.

Declared before me this day of , 19 .

A.B.

Justice of the Peace [sheriff] [resident magistrate] for the [county] of .