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Maintenance Orders Act 1958, Section 21 is up to date with all changes known to be in force on or before 09 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)In this Act, unless the context otherwise requires, the following expressions have the following meanings—
F1...
. . . F2
“defendant”, in relation to a maintenance order or a related attachment of earnings order, means the person liable to make payments under the maintenance order;
. . . F2
“England” includes Wales;
. . . F2
“prescribed” means prescribed by rules of court;
[F3“proper officer”, in relation to a magistrates’ court, means the clerk of the court;]
F4...
(2)Any reference in this Act to a person entitled to receive payments under a maintenance order is a reference to a person entitled to receive such payments either directly or through another person or for transmission to another person.
(3)Any reference in this Act to proceedings relating to an order includes a reference to proceedings in which the order may be made.
(4)Any reference in this Act to costs incurred in proceedings relating to a maintenance order shall be construed, in the case of a maintenance order made by the High Court, as a reference to such costs as are included in an order for costs relating solely to that maintenance order.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
(6)Any reference in this Act to any enactment is a reference to that enactment as amended by or under any subsequent enactment.
Textual Amendments
F1Words in s. 21(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 13; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F2Definitions of “attachment of earnings order”, “earnings”, “employer”, “excepted sums”, and “maintenance order” repealed by Administration of Justice Act 1970 (c. 31), Sch. 11
F3Definition of “proper officer”in s. 21(1) repealed (1.4.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. V(7) (with s. 107, Sch. 14 para. 7(2), 36(9)); S.I. 2001/916, art. 2(c)(ii) (with transitional provision in Sch. 2 para. 2)
F4Words in s. 21(1) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 104, Sch. 10; S.I. 2005/910, art. 3(y)
F5S. 21(5) repealed by Administration of Justice Act 1970 (c. 31), Sch. 11
Modifications etc. (not altering text)
C1S. 21 applied (14.10.1991) by S.I. 1991/1247, rule 7.22
C2S. 21 applied (18.6.2011) by The Magistrates Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011 (S.I. 2011/1329), rules 1, 34(2) (with rule 3)
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