C1C2Part II Reciprocal Enforcement of Claims for the Recovery of Maintenance
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)
Transfer, enforcement, variation and revocation of registered orders
33 Enforcement of orders.
1
Subject to subsection (2) below, a registered order which is registered in a court other than the court by which the order was made may be enforced as if it had been made by the registering court and as if that court had had jurisdiction to make it; and proceedings for or with respect to the enforcement of any such order may be taken in accordance with this subsection but not otherwise.
2
Subsection (1) above does not apply to an order which is for the time being registered in the High Court under Part I of the M1Maintenance Orders Act 1958 or to an order which is for the time being registered in the High Court of Justice in Northern Ireland under Part II of the M2Maintenance and Affiliation Orders Act (Northern Ireland) 1966.
F13
An order which by virtue of subsection (1) above is enforceable by a magistrates’ court shall be enforceable as if it were an affiliation order made by that court; and the provisions of any enactment with respect to the enforcement of affiliation orders (including enactments relating to the accrual of arrears and the remission of sums due) shall apply accordingly.
In this subsection “enactment” includes any order, rule or regulation made in pursuance of any Act.
F13
An order which by virtue of subsection (1) above is enforceable by a magistrates’ court shall be enforceable as if it were a magistrates’ court maintenance order made by that court.
In this subsection “magistrates’ court maintenance order” has the same meaning as in section 150(1) of the Magistrates’ Courts Act M31980.
4
A magistrates’ court in which an order is registered under this Part of this Act, and the officers thereof, shall take all such steps for enforcing the order as may be prescribed.
5
In any proceedings for or with respect to the enforcement of an order which is for the time being registered in any court under this Part of this Act a certificate of arrears sent under section 32 of this Act to the prescribed officer of the court shall be evidence of the facts stated therein.
6
Part II of the M4Maintenance Orders Act 1950 (enforcement of certain orders throughout the United Kingdom) shall not apply to a registered order.
7
In the application of this section to Scotland—
a
subsections (2) to (4) shall be omitted; and
b
in subsection (5), for the word “evidence” there shall be substituted the words “sufficient evidence”.
Pt. II extended with modification by S.I. 1979/1314, art. 3, Sch.