Administration of Justice Act 1970

Section 28.

SCHEDULE 8 U.K. Maintenance Orders for purposes of 1958 Act and Part II of this Act

1 U.K. An order for alimony, maintenance or other payments made, or having effect as if made, under Part II of the M1 Matrimonial Causes Act 1965 (ancillary relief in actions for divorce etc.).

Marginal Citations

M1 1965 c. 72.

2 U.K. An order for payments to or in respect of a child being an order made, or having effect as if made, under Part III of the said Act of 1965 (maintenance of children following divorce, etc.).

[F1 2A U.K. An order for periodical or other payments made, or having effect as if made, under Pt. II of the M2 Matrimonial Causes Act 1973].

Textual Amendments

F1 Sch. 8 para. 2A inserted by Matrimonial Causes Act 1973 (c. 18), Sch. 2 para. 10(2)

Marginal Citations

M2 1973 c. 18.

3 U.K. An order for maintenance or other payments to or in respect of a spouse or child being an order made, [F2 under Part I of the M3 Domestic Proceedings and Magistrates’ Courts Act 1978].

Textual Amendments

F2 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 89(3), Sch. 2 para. 26

Marginal Citations

M3 1978 c. 22.

[F3 4 E+W An order for periodical or other payments made or having effect as if made under Schedule 1 to the Children Act 1989.]

Textual Amendments

F3 Sch. 8 para. 4 substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 37(1); S.I. 1991/1883, art.3, Sch.

5 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F4 Sch. 8 para. 5 repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33, Sch. 2 para. 27(b), Sch. 3 paras. 1, 6, Sch. 4

6 E+W An order

[F5 (a) made or having effect as if made under paragraph 23 of Schedule 2 to the Children Act 1989 [F6 or under paragraph 3 of Schedule 1 to the Social Services and Well-being (Wales) Act 2014]; or

(b) made under] F7 . . . section 23 of the Ministry of Social Security Act 1966 F8 [F9 . . . section 18 of the Supplementary Benefits Act 1976] [F10 or section 24 of the Social Security Act 1986] [F11 or section 106 of the Social Security Administration Act 1992] (various provisions for obtaining contributions from a person whose dependants are assisted or maintained out of public funds)

Textual Amendments

F5 Words in Sch. 8 para. 6 substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 6(1); S.I. 1991/1883, art. 3, Sch.

F6 Words in Sch. 8 para. 6(a) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 18

F7 Word repealed by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), s. 35(2), Sch. 7 para. 17(b)

F8 Word in Sch. 8 para. 6 omitted (1.7.1992) by virtue of Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para.7

F9 Words inserted by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), s. 35(2), Sch. 7 para. 17(b)

F10 Words inserted by Social Security Act 1986 (c. 50, SIF 113:1), s. 86, Sch. 10 para. 42(b)

F11 Words in Sch. 8 para. 6 inserted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 7

7 U.K. F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Sch. 8 para. 7 repealed (6.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 166, 170(3), Sch. 15 Pt. 5; S.I. 2009/462, art. 4(c); S.I. 2009/631, art. 2(c)

8 U.K. An order to which section 16 of the M4 Maintenance Orders Act 1950 applies by virtue of subsection (2)(b) or (c) of that section (that is to say an order made by a court in Scotland or Northern Ireland and corresponding to one of those specified in the foregoing paragraphs) and which has been registered in a court in England and Wales under Part II of that Act.

Modifications etc. (not altering text)

C1 Para. 8 amended by Matrimonial Causes Act 1973 (c. 18), Sch. 2 para. 3(2)

Marginal Citations

M4 1950 c. 37.

9 U.K. A maintenance order within the meaning of the M5 Maintenance Orders (Facilities for Enforcement) Act 1920 (Commonwealth orders enforceable in the United Kingdom) registered in, or confirmed by, a court in England and Wales under that Act.

Marginal Citations

M5 1920 c. 33.

10 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

Textual Amendments

F13 Sch. 8 para. 10 repealed by Matrimonial Causes Act 1973 (c. 18), Sch. 3

[F14 11 U.K. A maintenance order within the meaning of Part I of the M6 Maintenance Orders (Reciprocal Enforcement) Act 1972 registered in [F15 the family court] under the said Part I. ]

Textual Amendments

F14 Sch. 8 para. 11 inserted by Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18), Sch. para. 6

F15 Words in Sch. 8 para. 11 substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014 (S.I. 2014/605), arts. 1, 3

Marginal Citations

M6 1972 c. 18.

F16 12 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 Sch. 8 para. 12 repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 125(7), Sch. 16 para. 37(2), Sch.20; S.I. 1991/1883, art.3, Sch.

[F17 13 U.K. A maintenance order within the meaning of Part I of the Civil Jurisdiction and Judgments Act 1982 which is registered in [F18 the family court] under that Part.]

Textual Amendments

F17 Sch. 8 para. 13 inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), s. 15(4), Sch. 12 Pt. I para. 5

F18 Words in Sch. 8 para. 13 substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014 (S.I. 2014/605), arts. 1, 3

F19 [ 13A E+W A maintenance judgment within the meaning of Council Regulation ( EC ) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters [F20 , as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No. L 299 16.11.2005 at p62)], which is registered in [F21 court in England and Wales] under that Regulation.]

Textual Amendments

F19 Sch. 8 para. 13A inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 5, Sch. 3 para. 8

F20 Words in Sch. 8 para. 13A inserted (1.7.2007) by The Civil Jurisdiction and Judgments Regulations 2007 (S.I. 2007/1655), reg. 5, Sch. para. 6(2)

F21 Words in Sch. 8 para. 13A substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014 (S.I. 2014/605), arts. 1, 4

[F22 13B. (1) A decision, court settlement or authentic instrument which falls to be enforced by [F23 the family court] by virtue of the Maintenance Regulation and the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011. U.K.

(2) In this paragraph—

• “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;

• “decision”, “court settlement” and “authentic instrument” have the meanings given by Article 2 of the Maintenance Regulation.]

Textual Amendments

F22 Sch. 8 para. 13B inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 1(1), Sch. 7 para. 3(3)

F23 Words in Sch. 8 para. 13B(1) substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014 (S.I. 2014/605), arts. 1, 3

[F24 13C. U.K. A decision or maintenance arrangement which is registered in [F25 the family court] under the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23rd November 2007.]

Textual Amendments

F24 Sch. 8 para. 13C inserted (7.11.2012 coming into force in accordance with reg. 1(1)) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(1), Sch. 4 para. 2(3)

F25 Words in Sch. 8 para. 13C substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014 (S.I. 2014/605), arts. 1, 3

[F26 14 U.K. An order for periodical or other payments made under Part III of the Matrimonial and Family Proceedings Act 1984.]

Textual Amendments

F26 Sch. 8 para. 14 inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), s. 46(1), Sch. 1 para. 8

[F27 15 U.K. An order for periodical or other payments made under Schedule 5, 6 or 7 to the Civil Partnership Act 2004.]

Textual Amendments

F27 Sch. 8 para. 15 inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263(10)(b), Sch. 27 para. 34, S.I. 2005/3175, {art. 2(2)}