Magistrates’ Courts Act 1980

[F1 59B Maintenance orders: penalty for breach. E+W

(1) In any case where—

(a) payments under a relevant English maintenance order are required to be made periodically in the manner mentioned in paragraph (a) or (b) of section 59A(1) above, and

(b) the debtor fails, on or after the date of commencement of this section, to comply with the order in so far as the order relates to the manner of payment concerned,

the person for whose benefit the payments are required to be made may make a complaint to a relevant justice giving details of the failure to comply.

(2) If the relevant justice is satisfied that the nature of the alleged failure to comply may be such as to justify the relevant court in exercising its power under subsection (3) below, he shall issue a summons directed to the debtor requiring him to appear before the relevant court to answer the complaint.

(3) On the hearing of the complaint, the relevant court may order the debtor to pay a sum not exceeding £1000.

(4) Any sum ordered to be paid under subsection (3) above shall for the purposes of this Act be treated as adjudged to be paid by a conviction of a magistrates’ court.

(5) In this section—

• “debtor” has the same meaning as it has in section 59 above;

• [F2 “the relevant court”, in relation to an order, means—

  (a)

  in a case where payments under the order are required to be made to or through the designated officer for a magistrates' court, that magistrates' court;

  (b)

  in a case where such payments are required to be made by any method of payment falling within section 59(6) and the order was made by a magistrates' court, that magistrates' court; and

  (c)

  in a case where such payments are required to be made by any method of payment falling within section 59(6) and the order was not made by a magistrates' court, the magistrates' court in which the order is registered;]

• “relevant English maintenance order” means—

  (a)

  a maintenance order made by a magistrates’ court, other than an order made by virtue of Part II of the M1 Maintenance Orders (Reciprocal Enforcement) Act 1972; or

  (b)

  an order made by the High Court or a county court (other than an order deemed to be made by the High Court by virtue of section 1(2) of the M2 Maintenance Orders Act 1958) and registered under Part I of that Act of 1958 in a magistrates’ court;

• “relevant justice”, in relation to a relevant court, means a justice of the peace [F3 acting in the local justice area in] which the relevant court is acting;

and any reference to payments required to be made periodically includes a reference to instalments required to be paid in respect of a lump sum payable by instalments.]

Textual Amendments

F1 S. 59B inserted (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s.3; S.I. 1992/455, art.2

F2 S. 59B(5): definition of "the relevant court" substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 210(2); S.I. 2005/910, art. 3(y)

F3 S. 59B(5): words in the definition of "relevant justice" substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 210(3); S.I. 2005/910, art. 3(y)

Marginal Citations

M1 1972 c. 18

M2 1958 c. 39