[F141 Complaint for variation, etc. of certain orders by or against persons outside England and Wales.S+N.I.
(1)The jurisdiction to revoke, revive or vary an order for the periodical payment of money conferred on magistrates’ courts by [F2section 60 of the M1Magistrates’ Courts Act 1980]] shall, in the case of—
[F3an affiliation order]
be exercisable notwithstanding that the proceedings for the revocation, revival or variation, as the case may be, of the order are brought by or against a person residing outside England and Wales.
[F4(2)The jurisdiction to revoke or vary an order for the periodical payment of money conferred on magistrates’ courts by sections 9, 10 or 11 of the M2Guardianship of Minors Act 1971 shall be exercisable notwithstanding that the proceedings for the revocation or variation of the order are brought by or against a person residing outside England and Wales.
(2A)Subject to subsection (2B) below, a magistrates’ court may, if it is satisfied that the respondent has been outside the United Kingdom during such period as may be prescribed by rules made under [F2section 144 of the M3Magistrates’ Courts Act 1980], proceed on—
(a)an application made under [F2section 60 of the Magistrates’ Courts Act 1980] for the revocation, revival or variation of an affiliation order, or
(b)an application made under section 9, 10, 11 or 12C(5) of the Guardianship of Minors Act 1971 for the revocation, revival or variation of an order for the periodical payment of money made under the said section 9, 10 or 11,
notwithstanding that the respondent has not been served with the summons; and rules may prescribe any other matters as to which the court is to be satisfied before proceeding in such a case.
(2B)A magistrates’ court shall not—
(a)exercise its powers under [F2section 60 of the Magistrates’ Courts Act 1980] so as to increase the amount of any periodical payments required to be made by any person under an affiliation order; or
(b)exercise its powers under section 9, 10 or 11 of the Guardianship of Minors Act 1971 so as to increase the amount of any periodical payments required to be made by any person by an order under one of those sections,
unless those powers are exercised at a hearing at which the person required to make the periodical payment appears or the requirements of [F2section 55(3) of the Magistrates’ Courts Act 1980] with respect to proof of service of summons or appearance on a previous occasion are satisfied in respect of that person.]
X1(3)In section 15(1) of the M4 Maintenance Orders Act 1950 (service of process on a person residing in Scotland or Northern Ireland), after the words “Act 1971” there shall be inserted the words “or section 41 of the Maintenance Orders (Reciprocal Enforcement) Act 1972”.
X1(4)Section 3(3) of the said Act of 1950 (jurisdiction in proceedings by or against a person residing in Scotland or Northern Ireland for the revocation, etc., of an affiliation order) is hereby repealed.
Editorial Information
X1The text of ss. 41(3)(4), 42(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Textual Amendments
F1S. 41 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2).
F2Words substituted by Magistrates' Courts Act 1980 (c. 43), s. 154, Sch. 7 para. 110
F3Words substituted for s. 41(1)(a)(b) by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 36(a)
F4S. 41(2)(2A)(2B) substituted for s. 41(2) by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 36(b)
Marginal Citations