Maintenance Orders (Reciprocal Enforcement) Act 1972

Valid from 05/04/1993

F127C 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 the clerk of the court or the clerk of any other magistrates’ court in England and Wales;

(b)the power to order that payments under the order be made to the clerk of the court, or to the clerk of any other magistrates’ court in England and Wales, 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 clerk of the court shall register the order in the prescribed manner in the court.

Textual Amendments