Maintenance Orders (Reciprocal Enforcement) Act 1972

Application by person in convention country for recovery of maintenance in England, Wales or Northern Ireland U.K.

27 General provisions relating to application for recovery of maintenance in England, etc. U.K.

(1) Where the Secretary of State receives from the appropriate authority in a convention country an application by a person in that country for the recovery of maintenance from another person who is for the time being residing in England and Wales or in Northern Ireland, he shall send the application, together with any accompanying documents, to the clerk of a magistrates’ court acting for the petty sessions area or petty sessions district, as the case may be, in which that other person is residing; and the application shall be treated for the purposes of any enactment as if it were a complaint [F1 made at the time when the application was received by the Secretary of State or the Lord Chancellor] and references in this section and in [F2 sections 28, 28A, 29, 29A] and 30 of this Act to the complaint, the complainant and the defendant shall be construed accordingly.

(2) Where the complaint is for an affiliation order, a magistrates’ court [F3 [F4 appointed for the commission area (within the meaning of [F5 the Justices of the M1 Peace Act 1979]) or] acting for the . . . F6 petty sessions district, as the case may be][F3 acting for the petty session district], in which the defendant is residing shall have jurisdiction to hear the complaint.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(4) If a summons to appear before a magistrates’ court having jurisdiction to hear the complaint cannot be duly served on the defendant, the clerk of the court shall, subject to subsection (5) below, return the complaint and the accompanying documents to the Secretary of State with a statement giving such information as he possesses as to the whereabouts of the defendant, and unless the Secretary of State is satisfied that the defendant is not residing in the United Kingdom he shall deal with the complaint in accordance with subsection (1) above or section 31 of this Act, as the circumstances of the case require.

(5) If the clerk of a magistrates’ court to whom the complaint is sent in pursuance of a provision of this section is satisfied that the defendant is residing within the jurisdiction of another magistrates’ court in that part of the United Kingdom in which the first-mentioned court is he shall send the complaint and accompanying documents to the clerk of that other court and shall inform the Secretary of State that he has done so.

(6) The clerk of a court to whom the complaint is sent under subsection (5) above shall proceed as if it had been sent to him under subsection (1) above.

(7) When hearing the complaint a magistrates’ court shall proceed as if the complainant were before the court.

(8) If a magistrates’ court makes an order on the complaint, the clerk of the court shall register the order in the prescribed manner in that court.

(9) Payment of sums due under a registered order shall, while the order is registered in a magistrates’ court, be made in such manner and to such person as may be prescribed, and none of the following enactments relating to the power of a magistrates’ court to direct payments to be made to or through the collecting officer of the court or some other person, that is to say, [F8 section 59 of the Magistrates’ Courts Act 1980], [F9 section 5(5) of the M2 Affiliation Proceedings Act 1957], [F10 section 32(2) of the M3 Domestic Proceedings and Magistrates’ Courts Act 1978] . . . F11 [F12 paragraphs (1) to (7) of Article 85 of the Magistrates’ Courts (Northern Ireland) Order 1981][F13 and Article 36(i) of the Domestic Proceedings (Northern Ireland) Order 1980], shall apply in relation to a registered order.

(10) Without prejudice to the generality of the power to make rules under [F14 section 144 of the M4 Magistrates’ Courts Act 1980] (magistrates’ courts rules), the said power shall include power to prescribe the orders made or other things done by a magistrates’ court, or an officer of such a court, under this Part of this Act, notice of which is to be given to such persons as the rules may provide and the manner in which such notice shall be given.

(11) In the application of this section to Northern Ireland, in subsection (10), for the reference to [F15 section 144 of the Magistrates’ Courts Act 1980] there shall be substituted a reference to [F16 Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981].

Textual Amendments

F1 Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(2), 52

F2 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 34(a)

F3 Words commencing “acting for” substituted (E.W.) for words commencing “appointed for the” by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 46(a)

F4 Words inserted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 56, 89

F5 Words substituted by Justices of the Peace Act 1979 (c. 55), Sch. 2 para. 18

F6 Words repealed by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 56, 89

F7 S. 27(3) repealed by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 3

F8 Words substituted by Magistrates' Courts Act 1980 (c. 43), s. 154, Sch. 7 para. 108(a)

F9 Words repealed (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(4), Sch. 2 para. 46(b), Sch. 4

F10 Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 34(b)

F11 Word repealed by S.I. 1980/564, Sch.

F12 Words substituted by S.I. 1981/1675 (N.I. 26), Sch. 6 Pt. I para. 24(a)

F13 Words inserted by S.I. 1980/564, art. 4(2)

F14 Words substituted by Magistrates' Courts Act 1980 (c. 43), s. 154, Sch. 7 para. 108(b)

F15 Words substituted by virtue of Magistrates' Courts Act 1980 (c. 43), s. 154, Sch. 7 para. 108(b)

F16 Words substituted by S.I. 1981/1675 (N.I. 26), Sch. 6 Pt. I para. 24(b)

Marginal Citations

M1 1979 c. 55.

M2 1957 c. 55.

M3 1978 c. 22.

M4 1980 c. 43.

[F17 27A Applications for recovery of maintenance in England and Wales. U.K.

(1) This section applies to any application which—

(a) is received by the Lord Chancellor from the appropriate authority in a convention country, and

(b) is an application by a person in that country for the recovery of maintenance from another person who is for the time being residing in England and Wales.

(2) Subject to sections 27B to 28B of this Act, an application to which this section applies shall be treated for the purposes of any enactment as if it were an application for a maintenance order under the relevant Act, made at the time when the application was received by the Lord Chancellor.

(3) In the case of an application for maintenance for a child (or children) alone, the relevant Act is the Children Act 1989.

(4) In any other case, the relevant Act is the Domestic Proceedings and Magistrates’ Courts Act 1978.

(5) In subsection (3) above, “child” means the same as in Schedule 1 to the Children Act 1989.]

Textual Amendments

F17 Ss. 27A-28C substituted (5.4.1993) for ss. 27, 28, 28A by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para.13; S.I. 1993/618, art.2

F18 27B Sending application to the appropriate magistrates’ court. U.K.

(1) On receipt of an application to which section 27A of this Act applies, the Lord Chancellor shall send it, together with any accompanying documents, to the [F19 justices’ chief executive for]a magistrates’ court acting for the petty sessions area in which the respondent is residing.

(2) Subject to subsection (4) below, if notice of the hearing of the application by a magistrates’ court having jurisdiction to hear it cannot be duly served on the respondent, the [F19 justices’ chief executive for] the court shall return the application and the accompanying documents to the Lord Chancellor with a statement giving such information as he possesses as to the whereabouts of the respondent.

(3) If the application is returned to the Lord Chancellor under subsection (2) above, then, unless he is satisfied that the respondent is not residing in the United Kingdom, he shall deal with it in accordance with subsection (1) above or section [F20 28D(1)] of this Act or send it to the Secretary of State to be dealt with in accordance with section 31 of this Act (as the circumstances of the case require).

(4) If the [F19 justices’ chief executive for] a court to whom the application is sent under this section is satisfied that the respondent is residing within the petty sessions area for which another magistrates’ court acts, he shall send the application and accompanying documents to the [F19 justices’ chief executive for]that other court and shall inform the Lord Chancellor that he has done so.

(5) If the application is sent to the [F19 justices’ chief executive for] a court under subsection (4) above, he shall proceed as if it had been sent to him under subsection (1) above.

Textual Amendments

F18 Ss. 27A-28C substituted (5.4.1993) for ss. 27, 28, 28A by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para. 13; S.I. 1993/618, art. 2

F19 Words in s. 27B substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 77 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F20 Word in s. 27B(3) substituted (4.11.1996) by S.I. 1995/756, art. 8; S.R. 1996/297, art. 3

F21 27C Applications to which section 27A applies: general. U.K.

(1) This section applies where a magistrates’ court makes an order on an application to which section 27A of this Act applies.

(2) Section 59 of the Magistrates’ Courts Act 1980 (orders for periodical payment: means of payment) shall not apply.

(3) The court shall, at the same time that it makes the order, exercise one of its powers under subsection (4) below.

(4) Those powers are—

(a) the power to order that payments under the order be made directly to [F22 a justices’ chief executive];

(b) the power to order that payments under the order be made to [F22 a justices’ chief executive], by such method of payment falling within section 59(6) of the Magistrates’ Courts Act 1980 (standing order, etc.) as may be specified;

(c) the power to make an attachment of earnings order under the Attachment of Earnings Act 1971 to secure payments under the order.

(5) In deciding which of the powers under subsection (4) above it is to exercise, the court shall have regard to any representations made by the person liable to make payments under the order.

(6) Subsection (4) of section 59 of the Magistrates’ Courts Act 1980 (power of court to require debtor to open account) shall apply for the purposes of subsection (4) above as it applies for the purposes of that section, but as if for paragraph (a) there were substituted—

”(a) the court proposes to exercise its power under paragraph (b) of section 27C(4) of the Maintenance Orders (Reciprocal Enforcement) Act 1972, and”.

(7) The [F23 justices’ chief executive for] the court shall register the order in the prescribed manner in the court.

Textual Amendments

F21 Ss. 27A-28C substituted (5.4.1993) for ss. 27, 28, 28A by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para. 13; S.I. 1993/618, art. 2

F22 Words in s. 27C(4) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 78 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F23 Words in s. 27C(7) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 78 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F24 28 Applications by spouses under the Domestic Proceedings and Magistrates’ Courts Act 1978. U.K.

(1) The magistrates’ court hearing an application which by virtue of section 27A of this Act is to be treated as if it were an application for a maintenance order under the Domestic Proceedings and Magistrates’ Courts Act 1978 may make any order on the application which it has power to make under section 2 or 19(1) of that Act.

(2) Part I of that Act shall apply in relation to such an application, and to any order made on such an application, with the following modifications—

(a) sections 6 to 8, 16 to 18, 20ZA, 25 to 27 and 28(2) shall be omitted,

(b) in section 30(1), for the words “either the applicant or the respondent ordinarily resides” there shall be substituted “the respondent resides”, and

(c) section 32(2) shall be omitted.

(3) Subsections (1) and (2) above do not apply where section 28A of this Act applies.

Textual Amendments

F24 Ss. 27A-28C substituted (5.4.1993) for ss. 27, 28, 28A by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s.1, Sch. 1 Pt. II para.13, S.I. 1993/618, art.2

28A F25 Applications by former spouses under the Domestic Proceedings and Magistrates’ Courts Act 1978. U.K.

(1) This section applies where in the case of any application which by virtue of section 27A of this Act is to be treated as if it were an application for a maintenance order under the Domestic Proceedings and Magistrates’ Courts Act 1978 (“the 1978 Act”)—

(a) the applicant and respondent were formerly married,

(b) their marriage was dissolved or annulled in a country or territory outside the United Kingdom by a divorce or annulment which is recognised as valid by the law of England and Wales,

(c) an order for the payment of maintenance for the benefit of the applicant or a child of the family has, by reason of the divorce or annulment, been made by a court in a convention country, and

(d) where the order for the payment of maintenance was made by a court of a different country from that in which the divorce or annulment was obtained, either the applicant or the respondent was resident in the convention country whose court made that order at the time that order was applied for.

(2) Any magistrates’ court that would have jurisdiction to hear the application under section 30 of the 1978 Act (as modified in accordance with subsection (6) below) if the applicant and the respondent were still married shall have jurisdiction to hear it notwithstanding the dissolution or annulment of the marriage.

(3) If the magistrates’ court hearing the application is satisfied that the respondent has failed to comply with the provisions of any order such as is mentioned in subsection (1)(c) above, it may (subject to subsections (4) and (5) below) make any order which it has power to make under section 2 or 19(1) of the 1978 Act.

(4) The court shall not make an order for the making of periodical payments for the benefit of the applicant or any child of the family unless the order made in the convention country provides for the making of periodical payments for the benefit of the applicant or, as the case may be, that child.

(5) The court shall not make an order for the payment of a lump sum for the benefit of the applicant or any child of the family unless the order made in the convention country provides for the payment of a lump sum to the applicant or, as the case may be, to that child.

(6) Part I of the 1978 Act shall apply in relation to the application, and to any order made on the application, with the following modifications—

(a) section 1 shall be omitted,

(b) for the reference in section 2(1) to any ground mentioned in section 1 of that Act there shall be substituted a reference to non-compliance with any such order as is mentioned in subsection (1)(c) of this section,

(c) for the references in section 3(2) and (3) to the occurrence of the conduct which is alleged as the ground of the application there shall be substituted references to the breakdown of the marriage,

(d) the reference in section 4(2) to the subsequent dissolution or annulment of the marriage of the parties affected by the order shall be omitted,

(e) sections 6 to 8, 16 to 18, 20ZA and 25 to 28 shall be omitted,

(f) in section 30(1), for the words “either the applicant or the respondent ordinarily resides” there shall be substituted “the respondent resides”, and

(g) section 32(2) shall be omitted.

(7) A divorce or annulment obtained in a country or territory outside the United Kingdom shall be presumed for the purposes of this section to be one the validity of which is recognised by the law of England and Wales, unless the contrary is proved by the respondent.

(8) In this section, “child of the family” has the meaning given in section 88 of the 1978 Act.

Textual Amendments

F25 Ss. 27A-28C substituted (5.4.1993) for ss. 27, 28, 28A by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para.13; S.I. 1993/618, art.2

F26 28B Applications under the Children Act 1989. U.K.

No provision of an order made under Schedule 11 to the Children Act 1989 requiring or enabling a court to transfer proceedings from a magistrates’ court to a county court or the High Court shall apply in relation to an application which by virtue of section 27A of this Act is to be treated as if it were an application for a maintenance order under that Act.

Textual Amendments

F26 Ss. 27A-28C substituted (5.4.1993) for ss. 27, 28, 28A by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para.13; S.I. 1993/618, art.2

[F27 28C Applications for recovery of maintenance in Northern Ireland. U.K.

(1) This section applies to any application which—

(a) is received by the Lord Chancellor from the appropriate authority in a convention country, and

(b) is an application by a person in that country for the recovery of maintenance from another person who is for the time being residing in Northern Ireland.

(2) Subject to sections 28D to 29B of this Act, an application to which this section applies shall be treated for the purposes of any enactment as if it were an application for a maintenance order under the relevant Order, made at the time when the application was received by the Lord Chancellor.

(3) In the case of an application for maintenance for a child (or children) alone, the relevant Order is the Children (Northern Ireland) Order 1995.

(4) In any other case, the relevant Order is the Domestic Proceedings (Northern Ireland) Order 1980.

(5) In subsection (3) above, “child” means the same as in Schedule 1 to the Children (Northern Ireland) Order 1995.]

Textual Amendments

F27 Ss. 28C, 28D, 28E, 29, 29A, 29B substituted for ss. 28C, 29, 29A (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 72 (with Sch. 8 para. 1(1)); S.R. 1996/297, art. 2(2)

[F28 28D Sending application to the appropriate magistrates’ court. U.K.

(1) On receipt of an application to which section 28C of this Act applies, the Lord Chancellor shall send it, together with any accompanying documents, to the clerk of a magistrates’ court acting for the petty sessions district in which the respondent is residing.

(2) Subject to subsection (4) below, if notice of the hearing of the application by a magistrates’ court having jurisdiction to hear it cannot be duly served on the respondent, the clerk of the court shall return the application and the accompanying documents to the Lord Chancellor with a statement giving such information as he possesses as to the whereabouts of the respondent.

(3) If the application is returned to the Lord Chancellor under subsection (2) above, then, unless he is satisfied that the respondent is not residing in the United Kingdom, he shall deal with it in accordance with subsection (1) above or section 27B of this Act or send it to the Secretary of State to be dealt with in accordance with section 31 of this Act (as the circumstances of the case require).

(4) If the clerk of a court to whom the application is sent under this section is satisfied that the respondent is residing within the petty sessions district for which another magistrates’ court acts, he shall send the application and accompanying documents to the clerk of that other court and shall inform the Lord Chancellor that he has done so.

(5) If the application is sent to the clerk of a court under subsection (4) above, he shall proceed as if it had been sent to him under subsection (1) above.]

Textual Amendments

F28 Ss. 28C, 28D, 28E, 29, 29A, 29B substituted for ss. 28C, 29, 29A (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 72 (with Sch. 8 para. 1(1)); S.R. 1996/297, art. 2(2)

[F29 28E Applications to which section 28C applies: general. U.K.

(1) This section applies where a magistrates’ court makes an order on an application to which section 28C of this Act applies.

(2) Article 85 of the Magistrates’ Courts (Northern Ireland) Order 1981 (“the 1981 Order”) (orders for periodical payment: means of payment) shall not apply.

(3) The court shall, at the same time that it makes the order, exercise one of its powers under subsection (4) below.

(4) Those powers are—

(a) the power to order that payments under the order be made directly to the collecting officer;

(b) the power to order that payments under the order be made to the collecting officer, by such method of payment falling within Article 85(7) of the 1981 Order (standing order, etc.) as may be specified;

(c) the power to make an attachment of earnings order under Part IX of the 1981 Order to secure payments under the order;

and in this subsection “collecting officer” means the officer mentioned in Article 85(4) of the 1981 Order.

(5) In deciding which of the powers under subsection (4) above it is to exercise, the court shall have regard to any representations made by the person liable to make payments under the order.

(6) Paragraph (5) of Article 85 of the 1981 Order (power of court to require debtor to open account) shall apply for the purposes of subsection (4) above as it applies for the purposes of that Article, but as if for sub-paragraph (a) there were substituted—

(a) the court proposes to exercise its power under paragraph (b) of section 28E(4) of the Maintenance Orders (Reciprocal Enforcement) Act 1972, and.

(7) The clerk of the court shall register the order in the prescribed manner in the court.]

Textual Amendments

F29 Ss. 28C, 28D, 28E, 29, 29A, 29B substituted for ss. 28C, 29, 29A (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 72 (with Sch. 8 para. 1(1)); S.R. 1996/297, art. 2(2)

[F30 29 Applications by spouses under the Domestic Proceedings (Northern Ireland) Order 1980. U.K.

(1) The magistrates’ court hearing an application which by virtue of section 28C of this Act is to be treated as if it were an application for a maintenance order under the Domestic Proceedings (Northern Ireland) Order 1980 may make any order on the application which it has power to make under Article 4 or 20(1) of that Order.

(2) That Order shall apply in relation to such an application, and to any order made on such an application, with the following omissions—

(a) Articles 8 to 10, 18, 19, 21, 22A, 25(1), 27 to 29 and 30(1A),

(b) in Article 32(1) the words “either the applicant or”, and

(c) Article 36(1).

(3) Subsections (1) and (2) above do not apply where section 29A of this Act applies.]

Textual Amendments

F30 Ss. 28C, 28D, 28E, 29, 29A, 29B substituted for ss. 28C, 29, 29A (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 72 (with Sch. 8 para. 1(1)); S.R. 1996/297, art. 2(2)

[F31 29A Applications by former spouses under the Domestic Proceedings (Northern Ireland) Order 1980. U.K.

(1) This section applies where in the case of any application which by virtue of section 28C of this Act is to be treated as if it were an application for a maintenance order under the Domestic Proceedings (Northern Ireland) Order 1980 (“the 1980 Order”)—

(a) the applicant and respondent were formerly married,

(b) their marriage was dissolved or annulled in a country or territory outside the United Kingdom by a divorce or annulment which is recognised as valid by the law of Northern Ireland;

(c) an order for the payment of maintenance for the benefit of the applicant or a child of the family has, by reason of the divorce or annulment, been made by a court in a convention country, and

(d) where the order for the payment of maintenance was made by a court of a different country from that in which the divorce or annulment was obtained, either the applicant or the respondent was resident in the convention country whose court made that order at the time that order was applied for.

(2) Any magistrates’ court that would have jurisdiction to hear the application under Article 32 of the 1980 Order (as modified in accordance with subsection (6) below) if the applicant and the respondent were still married shall have jurisdiction to hear it notwithstanding the dissolution or annulment of the marriage.

(3) If the magistrates’ court hearing the application is satisfied that the respondent has failed to comply with the provisions of any order such as is mentioned in subsection (1)(c) above, it may (subject to subsections (4) and (5) below) make any order which it has power to make under Article 4 or 20(1) of the 1980 Order.

(4) The court shall not make an order for the making of periodical payments for the benefit of the applicant or any child of the family unless the order made in the convention country provides for the making of periodical payments for the benefit of the applicant or, as the case may be, that child.

(5) The court shall not make an order for the payment of a lump sum for the benefit of the applicant or any child of the family unless the order made in the convention country provides for the payment of a lump sum to the applicant or, as the case may be, to that child.

(6) The 1980 Order shall apply in relation to the application, and to any order made on the application, with the following modifications—

(a) Article 3 shall be omitted,

(b) for the reference in Article 4(1) to any ground mentioned in Article 3 there shall be substituted a reference to non-compliance with any such order as is mentioned in subsection (1)(c) of this section,

(c) for the references in Article 5(2) and (3) to the occurrence of the conduct which is alleged as the ground of the application there shall be substituted references to the breakdown of the marriage,

(d) the reference in Article 6(2) to the subsequent dissolution or annulment of the marriage of the parties affected by the order shall be omitted,

(e) Articles 8 to 10, 18, 19, 21, 22A, 25(1) and 27 to 30 shall be omitted,

(f) in Article 32(1), the words “either the applicant or” shall be omitted, and

(g) Article 36(1) shall be omitted.

(7) A divorce or annulment obtained in a country or territory outside the United Kingdom shall be presumed for the purposes of this section to be one the validity of which is recognised by the law of Northern Ireland, unless the contrary is proved by the respondent.

(8) In this section “child of the family” has the meaning given in Article 2(2) of the 1980 Order.]

Textual Amendments

F31 Ss. 28C, 28D, 28E, 29, 29A, 29B substituted for ss. 28C, 29, 29A (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 72 (with Sch. 8 para. 1(1)); S.R. 1996/297, art. 2(2)

[F32 29B Applications under the Children (Northern Ireland) Order 1995. U.K.

No provision of an order made under Schedule 7 to the Children (Northern Ireland) Order 1995 requiring or enabling a court to transfer proceedings from a magistrates’ court to a county court or the High Court shall apply in relation to an application which by virtue of section 28C of this Act is to be treated as if it were an application for a maintenance order under that Order.]

Textual Amendments

F32 Ss. 28C, 28D, 28E, 29, 29A, 29B substituted for ss. 28C, 29, 29A (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 72 (with Sch. 8 para. 1(1)); S.R. 1996/297, art. 2(2)

30 Further provisions relating to recovery in England, Wales and Northern Ireland of maintenance for children U.K.

.

F33 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F35 (3) Where the complaint is for an affiliation order under [F36 the M5 Affiliation Proceedings Act 1957 or]] the M6 Illegitimate Children (Affiliation Orders) Act (Northern Ireland) 1924—

(a) it shall be sufficient for the purposes of [F36 paragraph (b) of section 2(1) of the said Act of 1957 (time for making complaint) or] paragraph (c) of section 2(3) of the said Act of 1924 [F36 (provision to the like effect), as the case may be], to prove that the defendant has within the [F37 [F36 three years (or] twelve months, [F36 in the case of a complaint under the said Act of 1924)]] next after the birth of the child to whom the complaint relates paid money for its maintenance in pursuance of a requirement of the law applied by a court outside the United Kingdom; F38 . . .

F38 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F35 (4) Where the complaint is for an affiliation order under the said Act of 1924, a summons may be issued on the complaint notwithstanding that the complainant has not made the information mentioned in section 2(4) of that Act.]

[F35 (5) Without prejudice to any other enactment empowering a magistrates’ court to vary an affiliation order made by it, an affiliation order made under [F39 the said Act of 1957 or]] the said Act of 1924, [F39 as the case may be], on the complaint may be varied by such a court so as to entitle any person, other than the complainant, who for the time being has the custody of the child to whom the order relates to any payments to be made under the order.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33 S. 30(1)(2)(6) repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 125(7), Sch. 16 para. 39(3), Sch. 20; S.I. 1991/1883, art. 3, Sch.

F34 S. 30(2) repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 125(7), Sch. 16 para. 39(3), Sch. 20; S.I. 1991/1883, art. 3, Schedule

F35 S. 30(3)(4)(5) repealed (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(2), Sch. 10 (with Sch. 8 paras. 1(1), 23(4)); S.R. 1996/297, art. 2(2)

F36 Words repealed (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(4), Sch. 2 para. 49(4), Sch. 4

F37 Words substituted by Affiliation Proceedings (Amendment) Act 1972 (c. 49), s. 2(2)

F38 Word and s. 30(3)(b) repealed by Affiliation Proceedings (Amendment) Act 1972 (c. 49), s. 1(4)(c)

F39 Words repealed (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(4), Sch. 2 para. 49(5), Sch. 4

Marginal Citations

M5 1957 c. 55.

M6 1924 c. 27(N.I.)