[F160 Revocation, variation, etc. of orders for periodical payment.E+W
(1)Where a magistrates’ court has made an order for money to be paid periodically by one person to another, the court may, by order on complaint, revoke, revive or vary the order.
(2)The power under subsection (1) above to vary an order shall include power to suspend the operation of any provision of the order temporarily and to revive the operation of any provision so suspended.
(3)Where the order mentioned in subsection (1) above is a maintenance order, the power under that subsection to vary the order shall include power, if the court is satisfied that payment has not been made in accordance with the order, to exercise one of its powers under paragraphs (a) to (d) of section 59(3) above.
(4)In any case where—
(a)a magistrates’ court has made a maintenance order, and
(b)payments under the order are required to be made by any method of payment falling within section 59(6) above,
an interested party may apply in writing to F2. . . the court for the order to be varied as mentioned in subsection (5) below.
(5)Subject to subsection (8) below, where an application has been made under subsection (4) above, [F3a justices' clerk] , after giving written notice (by post or otherwise) of the application to any other interested party and allowing that party, within the period of 14 days beginning with the date of the giving of that notice, an opportunity to make written representations, may vary the order to provide that payments under the order shall be made [F4to the designated officer for the court].
(6)The clerk may proceed with an application under subsection (4) above notwithstanding that any such interested party as is referred to in subsection (5) above has not received written notice of the application.
(7)In subsections (4) to (6) above “interested party”, in relation to a maintenance order, means—
(a)the debtor;
(b)the creditor; and
(c)if the person who applied for the maintenance order is a person other than the creditor, that other person.
(8)Where an application has been made under subsection (4) above, the clerk may, if he considers it inappropriate to exercise his power under subsection (5) above, refer the matter to the court which may vary the order by exercising one of its powers under paragraphs (a) to (d) of section 59(3) above.
(9)Subsections (4), (5) and (7) of section 59 above shall apply for the purposes of subsections (3) and (8) above as they apply for the purposes of that section.
(10)None of the powers of the court, or of [F5a justices' clerk] , conferred by subsections (3) to (9) above shall be exercisable in relation to a maintenance order which is not a qualifying maintenance order (within the meaning of section 59 above).
[F6(10A)The power in subsection (1) is not exercisable in relation to a maintenance order which falls to be enforced by a magistrates’ court by virtue of —
(a)the Maintenance Regulation and the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, or
(b)the Council Regulation.
(10B)In subsection (10A)—
“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;
“the Council Regulation” means Council Regulation (EC) No 44/2001 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.]
(11)For the purposes of this section—
(a)“creditor” and “debtor” have the same meaning as they have in section 59 above; and
(b)the reference in subsection (1) above to money paid periodically by one person to another includes, in the case of a maintenance order, a reference to a lump sum paid by instalments by one person to another.]
Textual Amendments
F1S. 60 substituted (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 4; S.I. 1992/455, art. 2
F2Words in s. 60(4) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 211(2), Sch. 10; S.I. 2005/910, art. 3(y)(aa)
F3Words in s. 60(5) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 211(3)(a); S.I. 2005/910, art. 3(y)
F4Words in s. 60(5) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 211(3)(b); S.I. 2005/910, art. 3(y)
F5Words in s. 60(10) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 211(4); S.I. 2005/910, art. 3(y)
F6S. 60(10A)(10B) inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 1(1), Sch. 7 para. 9(2)
Modifications etc. (not altering text)
C1S. 60 excluded (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 15(2) (with s. 108(6), Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
S. 60 modified (1.4.1992) by Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33, SIF 49:3), s. 4(6A) (as substituted (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 10, Sch. 1 para. 1(2); S.I. 1992/455, art. 2)
S. 60 modified (1.4.1992) by Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18, SIF 49:3), s. 9(1ZA) (as inserted (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 10, Sch. 1 para. 14; S.I. 1992/455, art. 2)
C2S. 60 restricted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 72(3), 263, Sch. 6 para. 42(a); S.I. 2005/3175, art. 2, Sch. 1
C3S. 60(1) modified (5.11.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18), s. 5(3A) (as inserted (5.11.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para. 7); S.I. 1993/618, art. 2
C4S. 60(3)-(11) excluded by 1972 c. 18, s. 34A(1) (as inserted (1.4.1992) by 1991 c. 17, Sch. 1 para. 19(2); S.I. 1992/455, art. 2)
C5S. 60(4)-(11) applied (with modifications) (1.4.1992) by Maintenance Orders Act 1950 (c. 37, SIF 49:3), s. 22(1E) (as inserted (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 10, Sch. 1 para. 5; S.I. 1992/455, art. 2)
S. 60(4)-(11) applied (with modifications) (1.4.1992) by Maintenance Orders Act 1958 (c. 39, SIF 49:3), s. 4(5A) (as inserted (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 10, Sch. 1 para. 9(2); S.I. 1992/455, art. 2)