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Administration of Justice Act 1970

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Changes over time for: SCHEDULE 8

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Version Superseded: 22/04/2014

Status:

Point in time view as at 07/11/2012.

Changes to legislation:

There are currently no known outstanding effects for the Administration of Justice Act 1970, SCHEDULE 8. Help about Changes to Legislation

Section 28.

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

1U.K.An order for alimony, maintenance or other payments made, or having effect as if made, under Part II of the M1Matrimonial Causes Act 1965 (ancillary relief in actions for divorce etc.).

Marginal Citations

2U.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.).

[F12AU.K.An order for periodical or other payments made, or having effect as if made, under Pt. II of the M2Matrimonial Causes Act 1973].

Textual Amendments

Marginal Citations

3U.K.An order for maintenance or other payments to or in respect of a spouse or child being an order made, [F2under Part I of the M3Domestic Proceedings and Magistrates’ Courts Act 1978].

[F34E+WAn order for periodical or other payments made or having effect as if made under Schedule 1 to the Children Act 1989.]

Textual Amendments

5U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

6E+WAn order

[F5(a)made or having effect as if made under paragraph 23 of Schedule 2 to the Children Act 1989; or

(b)made under] . . . F6section 23 of the Ministry of Social Security Act 1966 F7[F8. . .section 18 of the Supplementary Benefits Act 1976][F9or section 24 of the Social Security Act 1986][F10or section 106 of the Social Security Administration Act 1992] (various provisions for obtaining contributions from a person whose dependants are assisted or maintained out of public funds)

7U.K.F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8U.K.An order to which section 16 of the M4Maintenance 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)

Marginal Citations

9U.K.A maintenance order within the meaning of the M5Maintenance 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

10U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F12Sch. 8 para. 10 repealed by Matrimonial Causes Act 1973 (c. 18), Sch. 3

[F1311U.K. A maintenance order within the meaning of Part I of the M6 Maintenance Orders (Reciprocal Enforcement) Act 1972 registered in a magistrates’ court under the said Part I. ]

Textual Amendments

Marginal Citations

F1412E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1513U.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.]

F16 [ 13A E+WA 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 [F17, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No. L 299 16.11.2005 at p62)], which is registered in a magistrates’ court under that Regulation.]

Textual Amendments

F16Sch. 8 para. 13A inserted (1.3.2002) by S.I. 2001/3929, arts. 1(b), 5, Sch. 3 para. 8

[F1813B.(1)A decision, court settlement or authentic instrument which falls to be enforced by a magistrates’ court by virtue of the Maintenance Regulation and the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011.U.K.

(2)In this paragraph—

  • “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;

  • “decision”, “court settlement” and “authentic instrument” have the meanings given by Article 2 of the Maintenance Regulation.]

[F1913C.U.K.A decision or maintenance arrangement which is registered in a magistrates’ court under the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23rd November 2007.]

[F2014U.K.An order for periodical or other payments made under Part III of the Matrimonial and Family Proceedings Act 1984.]

[F2115U.K.An order for periodical or other payments made under Schedule 5, 6 or 7 to the Civil Partnership Act 2004.]

Textual Amendments

F21Sch. 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)}

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