Administration of Justice Act 1970

Section 28.

SCHEDULE 8 U.K. Maintenance Orders for purposes of 1958 Act and Part II of this Act

1 U.K. An order for alimony, maintenance or other payments made, or having effect as if made, under Part II of the M1 Matrimonial Causes Act 1965 (ancillary relief in actions for divorce etc.).

Marginal Citations

M1 1965 c. 72.

2 U.K. An order for payments to or in respect of a child being an order made, or having effect as if made, under Part III of the said Act of 1965 (maintenance of children following divorce, etc.).

[F1 2A U.K. An order for periodical or other payments made, or having effect as if made, under Pt. II of the M2 Matrimonial Causes Act 1973].

Textual Amendments

F1 Sch. 8 para. 2A inserted by Matrimonial Causes Act 1973 (c. 18), Sch. 2 para. 10(2)

Marginal Citations

M2 1973 c. 18.

3 U.K. An order for maintenance or other payments to or in respect of a spouse or child being an order made, [F2 under Part I of the M3 Domestic Proceedings and Magistrates’ Courts Act 1978].

Textual Amendments

F2 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), s. 89(3), Sch. 2 para. 26

Marginal Citations

M3 1978 c. 22.

[F3 4 An order under—

[F4 (a) section 11B, 11C, or 11D of the M4 Guardianship of Minors Act 1971 or section 2(3) or 2(4A) of the M5 Guardianship Act 1973 (payments for maintenance of persons who are or have been in guardianship);]

(c) section 6 of the [F5 M6 Family Law Reform Act 1969](payments for maintenance of ward of court).]

Textual Amendments

F3 Sch. 8 para. 4 second appearing substituted (prosp.) for that first appearing by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 124(3), Sch. 16 para. 37(1)

F4 Sch. 8 para. 4(a) substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33, Sch. 2 para. 27(a), Sch. 3 paras. 1, 6

F5 Words substituted by Guardianship of Minors Act 1971 (c. 3), Sch. 1

Marginal Citations

M4 1971 c. 3.

M5 1973 c. 29.

M6 1969 c. 46.

[F6 4 An order for periodical or other payments made or having effect as if made under Schedule 1 to the Children Act 1989.]

Textual Amendments

F6 Sch. 8 para. 4 second appearing substituted (prosp.) for that first appearing by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 124(3), Sch. 16 para. 37(1)

5 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F7 Sch. 8 para. 5 repealed by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33, Sch. 2 para. 27(b), Sch. 3 paras. 1, 6, Sch. 4

6 An order [F8 under [F9 section 47 or 51 of the Child Care Act 1980]]

[F8 (a) made or having effect as if made under paragraph 23 of Schedule 2 to the Children Act 1989; or

(b) made under] . . . F10 section 23 of the Ministry of Social Security Act 1966 [F11 or section 18 of the Supplementary Benefits Act 1976][F12 or section 24 of the Social Security Act 1986] (various provisions for obtaining contributions from a person whose dependants are assisted or maintained out of public funds)

Textual Amendments

F8 Words “—(a) made” to “made under” substituted (prosp.) for words “under section 47” to “Act 1980” by Courts and Legal Services Act 1990 (c. 41, SIF 76:1),ss. 116, 124(3), Sch. 16 para. 6(1)

F9 Words substituted by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 5 para. 28(b)

F10 Word repealed by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), s. 35(2), Sch. 7 para. 17(b)

F11 Words inserted by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), s. 35(2), Sch. 7 para. 17(b)

F12 Words inserted by Social Security Act 1986 (c. 50, SIF 113:1), s. 86, Sch. 10 para. 42(b)

7 An order under section 43 of the M7 National Assistance Act 1948 (recovery of costs of maintaining assisted person).

Marginal Citations

M7 1948 c. 29.

8 U.K. An order to which section 16 of the M8 Maintenance Orders Act 1950 applies by virtue of subsection (2)(b) or (c) of that section (that is to say an order made by a court in Scotland or Northern Ireland and corresponding to one of those specified in the foregoing paragraphs) and which has been registered in a court in England and Wales under Part II of that Act.

Modifications etc. (not altering text)

C1 Para. 8 amended by Matrimonial Causes Act 1973 (c. 18), Sch. 2 para. 3(2)

Marginal Citations

M8 1950 c. 37.

9 U.K. A maintenance order within the meaning of the M9 Maintenance Orders (Facilities for Enforcement) Act 1920 (Commonwealth orders enforceable in the United Kingdom) registered in, or confirmed by, a court in England and Wales under that Act.

Marginal Citations

M9 1920 c. 33.

10 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

Textual Amendments

F13 Sch. 8 para. 10 repealed by Matrimonial Causes Act 1973 (c. 18), Sch. 3

[F14 11 U.K. A maintenance order within the meaning of Part I of the M10 Maintenance Orders (Reciprocal Enforcement) Act 1972 registered in a magistrates’ court under the said Part I.]

Textual Amendments

F14 Sch. 8 para. 11 inserted by Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18), Sch. para. 6

Marginal Citations

M10 1972 c. 18.

[F15 12 An order under section 34(1)(b) of the Children Act 1975 (payments of maintenance in respect of a child to his custodian).]

Textual Amendments

F15 Sch. 8 para. 12 inserted by Children Act 1975 (c. 72), s. 108(2), Sch. 3 para. 73(2)(b) and repealed (prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 124(3), 125(7), Sch. 16 para. 37(2), Sch. 20

[F16 13 U.K. A maintenance order within the meaning of Part I of the Civil Jurisdiction and Judgments Act 1982 which is registered in a magistrates’ court under that Part.]

Textual Amendments

F16 Sch. 8 para. 13 inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), s. 15(4), Sch. 12 Pt. I para. 5

Valid from 01/03/2002

[F17 13A A maintenance judgment within the meaning of Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, which is registered in a magistrates’ court under that Regulation.]

Textual Amendments

F17 Sch. 8 para. 13A inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 5, Sch. 3 para. 8

[F18 14 U.K. An order for periodical or other payments made under Part III of the Matrimonial and Family Proceedings Act 1984.]

Textual Amendments

F18 Sch. 8 para. 14 inserted by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), s. 46(1), Sch. 1 para. 8

Valid from 05/12/2005

[F19 15 U.K. An order for periodical or other payments made under Schedule 5, 6 or 7 to the Civil Partnership Act 2004.]

Textual Amendments

F19 Sch. 8 para. 15 inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263(10)(b), Sch. 27 para. 34, S.I. 2005/3175, {art. 2(2)}