Part II U.K. Reciprocal Enforcement of Claims for the Recovery of Maintenance

Modifications etc. (not altering text)

C1 Pt. II (ss. 25-39) applied (with modifications) (5.4.1993) by The Recovery of Maintenance (United States of America) Order 1993 (S.I. 1993/591), art.3(1)

C2 Pt. II applied (with modifications) (1.10.2007) by The Recovery of Maintenance (United States of America) (Scotland) Order 2007 (S.S.I. 2007/355), arts. 1(1), 4 (with art. 5)

C3 Pt. II applied (with modifications) (1.10.2007) by The Recovery of Maintenance (United States of America) Order 2007 (S.I. 2007/2006), arts. 1(2), 3 (with arts. 4, 5) (as amended by S.I. 2014/879, arts. 1(1), 118)

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

F1 27C Applications to which section 27A applies: general. U.K.

(1) This section applies where [F2 the family] court makes an order on an application to which section 27A of this Act applies.

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The court [F4 may], 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 [F5 the court];

(b) the power to order that payments under the order be made to [F5 the court], by such method of payment falling within section [F6 1(5) of the Maintenance Enforcement Act 1991] (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 [F7 whether to exercise any of its] powers under subsection (4) above F8 ... , the court shall have regard to any representations made by the person liable to make payments under the order.

(6) [F9 Subsection (6) of section 1 of the Maintenance Enforcement Act 1991] (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 F10 ... court shall register the order in the prescribed manner F11 ... .

Textual Amendments

F1 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

F2 Words in s. 27C(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 44(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F3 S. 27C(2) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 44(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F4 Word in s. 27C(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 44(c); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F5 Words in s. 27C(4)(a)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 44(d)(i); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F6 Words in s. 27C(4)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 44(d)(ii); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F7 Words in s. 27C(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 44(e)(i); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F8 Words in s. 27C(5) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 44(e)(ii); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F9 Words in s. 27C(6) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 44(f); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F10 Words in s. 27C(7) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 44(g)(i); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F11 Words in s. 27C(7) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 44(g)(ii); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)