Civil Jurisdiction and Judgments Act 1982

[F1 2 (1) Section 2 of the Maintenance Orders Act 1958 (registration of orders) is amended as follows. U.K.

(2) In subsection (3) (registration of magistrates’ court order for enforcement in the High Court), for the words from “shall” onwards (which require the court to be satisfied that not lesss than a certain number of periodical payments are in arrears) substitute “ may, if it thinks fit, grant the application ”.

(3) After subsection (3) insert—

“(3A) Without prejudice to subsection (3) of this section, where a magistrates’ court order provides both for the payment of a lump sum and for the making of periodical payments, a person entitled to receive a lump sum under the order who considers that, so far as it relates to that sum, the order could be more effectively enforced if it were registered may apply to the original court for the registration of the order so far as it so relates, and the court may, if it thinks fit, grant the application.

(3B) Where an application under subsection (3A) of this section is granted in the case of a magistrates’ court order, the provisions of this Part of this Act shall have effect in relation to that order as if so far as it relates to the payment of a lump sum it were a separate order.”.]

Textual Amendments

F1 Sch. 1 substituted (1.1.2001) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 8(1), Sch. 1