Magistrates’ Courts Act 1980

76 Enforcement of sums adjudged to be paid. E+W

(1) Subject to the following provisions of this Part of this Act, and to section 132 below F1 , where default is made in paying a sum adjudged to be paid by a conviction or order of a magistrates’ court, the court may issue a warrant of distress for the purpose of levying the sum or issue a warrant committing the defaulter to prison.

(2) A warrant of commitment may be issued as aforesaid either—

(a) where it appears on the return to a warrant of distress that the money and goods of the defaulter are insufficient to satisfy the sum with the costs and charges of levying the sum; or

(b) instead of a warrant of distress.

(3) The period for which a person may be committed to prison under such a warrant as aforesaid shall not, subject to the provisions of any enactment passed after 31st December 1879, exceed the period applicable to the case under Schedule 4 to this Act.

[F2 (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 paragraphs (a) to (d) of section 59(3) above.

(5) Subsections (4), (5) and (7) of section 59 above shall apply for the purposes of subsection (4) above as they apply for the purposes of that section.

(6) Subsections (4) and (5) above shall not have effect in relation to a maintenance order which is not a qualifying maintenance order (within the meaning of section 59 above).]

Textual Amendments

F1 Words repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 78, Sch. 16

F2 S. 76(4)-(6) inserted (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s.7; S.I. 1992/455, art.2.

Modifications etc. (not altering text)

C1 S. 76 modified (1.4.1992) by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 49:3), s. 5(5B) (which was inserted (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 10, Sch. 1 para. 21(2); S.I. 1992/455, art.2).

C2 S. 76 applied (with modifications) (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 1(1), Sch. 1 paras. 4(6)(a), 6(7)(a)