Provisions with respect to certain orders of magistrates’ courtsU.K.
[F141 Complaint for variation, etc. of certain orders by or against persons outside England and Wales.S+N.I.
(1)The jurisdiction to revoke, revive or vary an order for the periodical payment of money conferred on magistrates’ courts by [F2section 60 of the M1Magistrates’ Courts Act 1980]] shall, in the case of—
[F3an affiliation order]
be exercisable notwithstanding that the proceedings for the revocation, revival or variation, as the case may be, of the order are brought by or against a person residing outside England and Wales.
[F4(2)The jurisdiction to revoke or vary an order for the periodical payment of money conferred on magistrates’ courts by sections 9, 10 or 11 of the M2Guardianship of Minors Act 1971 shall be exercisable notwithstanding that the proceedings for the revocation or variation of the order are brought by or against a person residing outside England and Wales.
(2A)Subject to subsection (2B) below, a magistrates’ court may, if it is satisfied that the respondent has been outside the United Kingdom during such period as may be prescribed by rules made under [F2section 144 of the M3Magistrates’ Courts Act 1980], proceed on—
(a)an application made under [F2section 60 of the Magistrates’ Courts Act 1980] for the revocation, revival or variation of an affiliation order, or
(b)an application made under section 9, 10, 11 or 12C(5) of the Guardianship of Minors Act 1971 for the revocation, revival or variation of an order for the periodical payment of money made under the said section 9, 10 or 11,
notwithstanding that the respondent has not been served with the summons; and rules may prescribe any other matters as to which the court is to be satisfied before proceeding in such a case.
(2B)A magistrates’ court shall not—
(a)exercise its powers under [F2section 60 of the Magistrates’ Courts Act 1980] so as to increase the amount of any periodical payments required to be made by any person under an affiliation order; or
(b)exercise its powers under section 9, 10 or 11 of the Guardianship of Minors Act 1971 so as to increase the amount of any periodical payments required to be made by any person by an order under one of those sections,
unless those powers are exercised at a hearing at which the person required to make the periodical payment appears or the requirements of [F2section 55(3) of the Magistrates’ Courts Act 1980] with respect to proof of service of summons or appearance on a previous occasion are satisfied in respect of that person.]
X1(3)In section 15(1) of the M4 Maintenance Orders Act 1950 (service of process on a person residing in Scotland or Northern Ireland), after the words “Act 1971” there shall be inserted the words “or section 41 of the Maintenance Orders (Reciprocal Enforcement) Act 1972”.
X1(4)Section 3(3) of the said Act of 1950 (jurisdiction in proceedings by or against a person residing in Scotland or Northern Ireland for the revocation, etc., of an affiliation order) is hereby repealed.
Editorial Information
X1The text of ss. 41(3)(4), 42(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Textual Amendments
F1S. 41 repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2).
F2Words substituted by Magistrates' Courts Act 1980 (c. 43), s. 154, Sch. 7 para. 110
F3Words substituted for s. 41(1)(a)(b) by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 36(a)
F4S. 41(2)(2A)(2B) substituted for s. 41(2) by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 36(b)
Marginal Citations
42 Provisional order for maintenance of party to marriage made by magistrates’ court to cease to have effect on remarriage of party.U.K.
(1)Where a magistrates’ court has, by virtue of section 3 of this Act, made a provisional maintenance order consisting of, or including, a provision such as is mentioned in [F5section 2(1)(a) of the M5Domestic Proceedings and Magistrates’ Courts Act 1978 (making of periodical payments by husband or wife)][F6or Article 4(1)(a) of the M6Domestic Proceedings (Northern Ireland) Order 1980] and the order has been confirmed by a competent court in a reciprocating country, then, if after the making of that order the marriage of the parties to the proceedings in which the order was made is dissolved or annulled but the order continues in force, that order or, as the case may be, that provision thereof shall cease to have effect on the remarriage of the party in whose favour it was made, except in relation to any arrears due under it on the date of such remarriage and shall not be capable of being revived.
(2)For the avoidance of doubt it is hereby declared that references in this section to remarriage include references to a marriage which is by law void or voidable.
X2(3)In section 30(2) of the M7 Matrimonial Proceedings and Property Act 1970 (which makes, in relation to such an order as is referred to in subsection (1) above which was confirmed in accordance with section 3 of the M8Maintenance Orders (Facilities for Enforcement) Act 1920, provision to the like effect as that subsection) the words from “but with the modification” to the end are hereby repealed.
Editorial Information
X2The text of ss. 41(3)(4), 42(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Textual Amendments
F5Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 37
F6Words inserted by S.I. 1980/564, art. 4(6)
Marginal Citations