Maintenance Orders Act 1950

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.

[F1(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.]

[F2(2)Every maintenance order registered under this Part of this Act in a magistrates’ court in England and Wales [F3shall, 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 M11980.]

[F4F5(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 M2Attachment 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. ”]

[F4(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 [F6or 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 F7. . ..]

(3)Every maintenance order registered under this Part of this Act in a court of summary jurisdiction in Northern Ireland . . . F8 shall be enforceable as if it were an order made by that court under the M3Summary Jurisdiction (Separation and Maintenance) Act (Northern Ireland) 1945, and the provisions of [F9Article 98 of the Magistrates’ Courts (Northern Ireland) Order 1981 shall apply accordingly].

[F10(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 [F11to the extent that it is for the time being registered]in another court in England under Part I of the M4Maintenance Orders Act 1958.]

[F12(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

(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.