Maintenance Enforcement Act 1991

1 Maintenance orders in the High Court and [F1 family court]: means of payment, attachment of earnings and revocation, variation, etc. E+W

(1) Where the High Court or [F2 the family court] makes a qualifying periodical maintenance order, it may at the same time exercise either of its powers under subsection (4) below in relation to the order, whether of its own motion or on an application made under this subsection by an interested party.

[F3 (1A) Where the family court makes a qualifying periodical maintenance order, it may at the same time exercise any of its powers under subsection (4A) below in relation to the order, whether of its own motion or on an application made under this subsection by an interested party.]

(2) For the purposes of this section, a periodical maintenance order is an order—

(a) which requires money to be paid periodically by one person (“the debtor”) to another (“the creditor”); and

(b) which is a maintenance order;

and such an order is a “qualifying periodical maintenance order” if, at the time it is made, the debtor is ordinarily resident in England and Wales.

(3) Where the High Court or [F2 the family court] has made a qualifying periodical maintenance order, it may at any later time—

(a) on an application made under this subsection by an interested party, or

(b) of its own motion, in the course of any proceedings concerning the order,

exercise either of its powers under subsection (4) below in relation to the order.

[F4 ( 3A ) Where the family court has made a qualifying periodical maintenance order, it may at any later time—

(a) on an application made under this subsection by an interested party, or

(b) of its own motion, in the course of any proceedings concerning the order,

exercise any of its powers under subsection (4A) below in relation to the order.]

(4) The powers mentioned in subsections (1) and (3) above are—

(a) the power to order that payments required to be made by the debtor to the creditor under the qualifying periodical maintenance order in question shall be so made by such a method of payment falling within subsection (5) below as the court may specify in the particular case; or

(b) the power, by virtue of this section, to make an attachment of earnings order under the M1 Attachment of Earnings Act 1971 to secure payments under the qualifying periodical maintenance order in question.

[F5 ( 4A ) The powers mentioned in subsections (1A) and (3A) above are—

(a) the power to order that payments under the qualifying periodical maintenance order in question be made to the court;

(b) the power to order that payments under the qualifying periodical maintenance order in question required to be made to the court are to be so made by such method of payment falling within subsection (5) below as the court may specify in the particular case; or

(c) the power to order that payments under the qualifying periodical maintenance order in question be made in accordance with arrangements for their collection made by the Secretary of State under section 30 of the Child Support Act 1991 and regulations made under that section.]

(5) The methods of payment mentioned in subsection (4)(a) above are—

(a) payment by standing order; or

(b) payment by any other method which requires the debtor to give his authority for payments of a specific amount to be made from an account of his to an account of the creditor’s on specific dates during the period for which the authority is in force and without the need for any further authority from the debtor[F6 ; or

(c) any method of payment specified in regulations made by the Lord Chancellor.]

(6) In any case where—

(a) the court proposes to exercise its power under paragraph (a) of subsection (4) above[F7 or under paragraph (b) of subsection (4A) above], and

(b) having given the debtor an opportunity of opening an account from which payments under the order may be made in accordance with the method of payment proposed to be ordered under that paragraph, the court is satisfied that the debtor has failed, without reasonable excuse, to open such an account,

the court in exercising its power under that paragraph may order that the debtor open such an account.

(7) Where in the exercise of its powers under subsection (1) [F8 , (1A), (3) or (3A)] above, the High Court or [F2 the family court] has made in relation to a qualifying periodical maintenance order such an order as is mentioned in subsection (4)(a) [F9 or (4A)]above (a “means of payment order”), it may at any later time—

(a) on an application made under this subsection by an interested party, or

(b) of its own motion, in the course of any proceedings concerning the qualifying periodical maintenance order,

revoke, suspend, revive or vary the means of payment order.

(8) In deciding whether to exercise any of its powers under this section the court in question having (if practicable) given every interested party an opportunity to make representations shall have regard to any representations made by any such party.

[F10 (8A) No order made by the family court under subsection (4) or (4A)(a) or (b) above has effect at any time when the Secretary of State is, under section 30 of the Child Support Act 1991 and regulations made under that section, arranging for the collection of payments under the qualifying periodical maintenance order in question.]

(9) Nothing in this section shall be taken to prejudice—

(a) any power under the M2 Attachment of Earnings Act 1971 which would, apart from this section, be exercisable by the High Court or [F2 the family court]; or

(b) any right of any person to make any application under that Act;

and subsection (7) above is without prejudice to any other power of the High Court or [F2 the family court] to revoke, suspend, revive or vary an order.

(10) For the purposes of this section—

• “debtor” and “creditor” shall be construed in accordance with subsection (2) above;

• “interested party” means any of the following, that is to say—

(a) the debtor;

(b) the creditor; and

(c) in a case where the person who applied for the qualifying periodical maintenance order in question is a person other than the creditor, that other person;

• “maintenance order” means any order specified in Schedule 8 to the M3 Administration of Justice Act 1970 and includes any such order which has been discharged, if any arrears are recoverable under it;

• “qualifying periodical maintenance order” shall be construed in accordance with subsection (2) above, and the references to such an order in subsections (3) and (7) above are references to any such order, whether made before or after the coming into force of this section;

and the reference in subsection (2) above to an order requiring money to be paid periodically by one person to another includes a reference to an order requiring a lump sum to be paid by instalments by one person to another.

[F11 (11) The power of the Lord Chancellor to make regulations under subsection (5)(c) above is exercisable by statutory instrument, and a statutory instrument containing regulations under subsection (5)(c) is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F1 Words in s. 1 heading substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 77(11); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2 Words in s. 1 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 77(2); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F3 S. 1(1A) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 77(3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F4 S. 1(3A) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 77(4); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F5 S. 1(4A) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 77(5); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F6 S. 1(5)(c) and preceding word inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 77(6); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F7 Words in s. 1(6)(a) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 77(7); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F8 Words in s. 1(7) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 77(8)(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F9 Words in s. 1(7) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 77(8)(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F10 S. 1(8A) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 77(9); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F11 S. 1(11) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 77(10); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C1 S. 1(3A) excluded by 1972 c. 18, s. 34A (as substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 51(2)(b)); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

C2 S. 1(4)(4A) applied by 1978 c. 22, s. 20ZA(6) (as amended (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 73(4)); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

C3 S. 1(6) applied (with modifications) by 1920 c. 33, s. 4(5D) (as amended (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 paras. 4(2), 7(6)); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

C4 S. 1(6) applied (with modifications) by 1972 c. 18, s. 7(5D) (as amended (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 paras. 33(d), 44(f), 51(7)); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

C5 S. 1(6) applied by 2004 c. 33, Sch. 6 para. 38(1) (as amended (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 193); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I1 S. 1 wholly in force at 1.4.1992 see s. 12(2) and S.I. 1992/455, art. 2

Marginal Citations

M1 1971 c. 32.

M2 1971 c. 32.

M3 1970 c. 31.