Maintenance Orders (Reciprocal Enforcement) Act 1972

8 Enforcement of maintenance order registered in United Kingdom court. E+W

(1) Subject to subsection (2) below, a registered order may be enforced in the United Kingdom as if it had been made by the registering 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.

(2) Subsection (1) above does not apply to an order which is for the time being registered in the High Court under Part I of the M1 Maintenance Orders Act 1958 or to an order which is for the time being registered in the High Court of Justice in Northern Ireland under Part II of the M2 Maintenance and Affiliation Orders Act (Northern Ireland) 1966.

(3) Any person for the time being under an obligation to make payments in pursuance of a registered order shall give notice of any change of address to the clerk of the registering court, and any person failing without reasonable excuse to give such a notice shall be liable on summary conviction to a fine not exceeding [F1 £50].

[F2 (4) An order which by virtue of this section is enforceable by a magistrates’ court shall [F3 subject to the modifications of sections 76 and 93 of the Magistrates’ Courts Act 1980 specified in subsections (4A) and (4B) below]be enforceable as if it were a magistrates’ court maintenance order made by that court.

In this subsection “magistrates’ court maintenance order” has the same meaning as in section 150(1) of the Magistrates’ Courts Act M3 1980.]

[F4 (4A) 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 Attachment 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”.”

(4B) 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”.]

(5) The magistrates’ court by which an order is enforceable by virtue of this section, and the officers thereof, shall take all such steps for enforcing [F5 or facilitating the enforcement of] the order as may be prescribed.

(6) In any proceedings for or with respect to the enforcement of an order which is for the time being registered in any court under this Part of this Act a certificate of arrears sent to the prescribed officer of the court shall be evidence of the facts stated therein.

(7) Subject to subsection (8) below, sums of money payable under a registered order shall be payable in accordance with the order as from [F6 the date on which they are required to be paid under the provisions of the order].

(8) The court having power under section 7 of this Act to confirm a provisional order may, if it decides to confirm the order, direct that the sums of money payable under it shall be deemed to have been payable in accordance with the order as from [F7 the date on which they are required to be paid under the provisions of the order or such later date], as it may specify; and subject to any such direction, a maintenance order registered under the said section 7 shall be treated as if it had been made in the form in which it was confirmed and as if it had never been a provisional order.

(9) In the application of this section to Scotland—

(a) subsections (2) to (5) shall be omitted; and

(b) in subsection (6), for the word “evidence” there shall be substituted the words “sufficient evidence”.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Extent Information

E1 S. 8: This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only.

Textual Amendments

F1 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 33

F2 S. 8(4) substituted (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 45

F3 Words in s. 8(4) inserted (E.W.) (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 10, Sch. 1 para. 13(1), S.I. 1992/455, art.2

F4 S. 8(4A)(4B) inserted (E.W.) (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF: 49:3), s. 10, Sch. 1 para. 13(2), S.I. 1992/455, art.2

F5 Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 11

F6 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 54(c), 89

F7 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 54(d), 89

F8 S. 8(10) repealed by S.I. 1981/1675 (N.I. 26), Sch. 7

Marginal Citations

M1 1958 c. 39.

M2 1966 c. 35(N.I.)

M3 1980 c.43 (82).

8 Enforcement of maintenance order registered in United Kingdom court. S+N.I.

(1) Subject to subsection (2) below, a registered order may be enforced in the United Kingdom as if it had been made by the registering 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.

(2) Subsection (1) above does not apply to an order which is for the time being registered in the High Court under Part I of the M4 Maintenance Orders Act 1958 or to an order which is for the time being registered in the High Court of Justice in Northern Ireland under Part II of the M5 Maintenance and Affiliation Orders Act (Northern Ireland) 1966.

(3) Any person for the time being under an obligation to make payments in pursuance of a registered order shall give notice of any change of address to the clerk of the registering court, and any person failing without reasonable excuse to give such a notice shall be liable on summary conviction to a fine not exceeding [F9 £50].

(4) An order which by virtue of this section is enforceable by a magistrates’ court shall be enforceable as if it were an affiliation order made by that court; and the provisions of any enactment with respect to the enforcement of affiliation orders (including enactments relating to the accrual of arrears and the remission of sums due) shall apply accordingly.

In this subsection “enactment” includes any order, rule or regulation made in pursuance of any Act.

(5) The magistrates’ court by which an order is enforceable by virtue of this section, and the officers thereof, shall take all such steps for enforcing [F10 or facilitating the enforcement of] the order as may be prescribed.

(6) In any proceedings for or with respect to the enforcement of an order which is for the time being registered in any court under this Part of this Act a certificate of arrears sent to the prescribed officer of the court shall be evidence of the facts stated therein.

(7) Subject to subsection (8) below, sums of money payable under a registered order shall be payable in accordance with the order as from [F11 the date on which they are required to be paid under the provisions of the order].

(8) The court having power under section 7 of this Act to confirm a provisional order may, if it decides to confirm the order, direct that the sums of money payable under it shall be deemed to have been payable in accordance with the order as from [F12 the date on which they are required to be paid under the provisions of the order or such later date], as it may specify; and subject to any such direction, a maintenance order registered under the said section 7 shall be treated as if it had been made in the form in which it was confirmed and as if it had never been a provisional order.

(9) In the application of this section to Scotland—

(a) subsections (2) to (5) shall be omitted; and

(b) in subsection (6), for the word “evidence” there shall be substituted the words “sufficient evidence”.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

Extent Information

E2 S. 8: This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only

Textual Amendments

F9 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 33

F10 Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 11

F11 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 54(c), 89

F12 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 54(d), 89

F13 S. 8(10) repealed by S.I. 1981/1675 (N.I. 26), Sch. 7

Marginal Citations

M4 1958 c. 39.

M5 1966 c. 35(N.I.)