Magistrates’ Courts Act 1980

[F159A Orders for periodical payment: proceedings by [F2designated officer].E+W

(1)Where payments under a relevant UK order are required to be made periodically—

(a)to or through [F3the designated officer for a magistrates' court], or

(b)by any method of payment falling within section 59(6) above,

and any sums payable under the order are in arrear, [F4the relevant designated officer] shall, if the person for whose benefit the payments are required to be made so requests in writing, and unless it appears [F5to that designated officer] that it is unreasonable in the circumstances to do so, proceed in his own name for the recovery of those sums.

(2)Where payments under a relevant UK order are required to be made periodically to or through [F6the designated officer for a magistrates' court], the person for whose benefit the payments are required to be made may, at any time during the period in which the payments are required to be so made, give authority in writing to [F7the relevant designated officer for him] to proceed as mentioned in subsection (3) below.

(3)Where authority under subsection (2) above is given to [F8the relevant designated officer, he] shall, unless it appears to him that it is unreasonable in the circumstances to do so, proceed in his own name for the recovery of any sums payable to or through him under the order in question which, on or after the date of the giving of the authority, fall into arrear.

(4)In any case where—

(a)authority under subsection (2) above has been given to [F9the relevant designated officer], and

(b)the person for whose benefit the payments are required to be made gives notice in writing to the [F10relevant designated officer cancelling] the authority,

the authority shall cease to have effect and, accordingly, the [F11relevant designated officer shall] not continue any proceedings already commenced by virtue of the authority.

(5)The person for whose benefit the payments are required to be made shall have the same liability for all the costs properly incurred in or about proceedings taken under subsection (1) above at his request or under subsection (3) above by virtue of his authority (including any costs incurred as a result of any proceedings commenced not being continued) as if the proceedings had been taken by him.

(6)Nothing in subsection (1) or (3) above shall affect any right of a person to proceed in his own name for the recovery of sums payable on his behalf under an order of any court.

(7)In this section—

[F12“the relevant designated officer”, 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, the designated officer for 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, the designated officer for 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 designated officer for the magistrates' court in which the order is registered;]
“relevant UK order” means—
(a)
an order made by a magistrates’ court, other than an order made by virtue of Part II of the M1Maintenance Orders (Reciprocal Enforcement) Act 1972;
(b)
an order made by the High Court or a county court (including an order deemed to be made by the High Court by virtue of section 1(2) of the M2Maintenance Orders Act 1958) and registered under Part I of that Act of 1958 in a magistrates’ court; or
(c)
an order made by a court in Scotland or Northern Ireland and registered under Part II of the M3Maintenance Orders Act 1950 in a magistrates’ court;

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

Textual Amendments

F1S. 59A inserted (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 2; S.I. 1992/455, art. 2

F2Words in s. 59A heading substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 209(7); S.I. 2005/910, art. 3(y)

F3Words in s. 59A(1)(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 209(2)(a); S.I. 2005/910, art. 3(y)

F4Words in s. 59A(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 209(2)(b); S.I. 2005/910, art. 3(y)

F5Words in s. 59A(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 209(2)(c); S.I. 2005/910, art. 3(y)

F6Words in s. 59A(2) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 209(3)(a); S.I. 2005/910, art. 3(y)

F7Words in s. 59A(2) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 209(3)(b); S.I. 2005/910, art. 3(y)

F8Words in s. 59A(3) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 209(4); S.I. 2005/910, art. 3(y)

F9Words in s. 59A(4)(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 209(5)(a); S.I. 2005/910, art. 3(y)

F10Words in s. 59A(4)(b) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 209(5)(b); S.I. 2005/910, art. 3(y)

F11Words in s. 59A(4)(b) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 209(5)(c); S.I. 2005/910, art. 3(y)