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- Point in Time (12/04/2010)
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Version Superseded: 22/04/2014
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There are currently no known outstanding effects for the Maintenance Orders (Reciprocal Enforcement) Act 1972, Section 33.
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(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.
[F1(3)An order which by virtue of subsection (1) above is enforceable by a magistrates’ court [F2shall, subject to the modifications of sections 76 and 93 of the Magistrates’ Courts Act 1980 (enforcement of sums adjudged to be paid and complaint for arrears) specified in subsections (4A) and (4B) of section 8 of this Act, 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.
[F3(3A)Where, by virtue of being registered in the magistrates’ court in which it was made, a registered order is enforceable as a magistrates’ court maintenance order, sections 76 and 93 of the Magistrates’ Courts Act 1980 shall have effect subject to the modifications specified in subsections (4A) and (4B) of section 8 of this Act.]]
(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”.
Extent Information
E1S. 33: This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only.
Textual Amendments
F1S. 33(3) substituted (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 50
F2Words in s. 33(3) substituted (E.W.)(1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 10, Sch. 1 para. 18(1), S.I. 1992/455, art. 2
F3S. 33(3A) inserted (E.W.)(1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 10, Sch. 1 para. 18(2), S.I. 1992/455, art. 2
Marginal Citations
(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 M5Maintenance 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 M6Maintenance and Affiliation Orders Act (Northern Ireland) 1966.
(3)An order which by virtue of subsection (1) above is enforceable by a magistrates’ court [F4shall, subject to the modifications of Article 98 of the Magistrates’ Courts (Northern Ireland) Order 1981 (enforcement of sums adjudged to be paid and complaint for arrears) specified in subsection (4C) of section 8 of this Act, be enforceable] as [F5an order made by that court to which that Article applies].
[F6(3B)Where, by virtue of being registered in the court of summary jurisdiction in which it was made, a registered order is enforceable as a maintenance order made by a court of summary jurisdiction, Article 98 of the Magistrates’ Courts (Northern Ireland) Order 1981 shall have effect subject to the modifications specified in subsection (4C) of section 8 of this Act.]
(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 M7Maintenance 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”.
Extent Information
E2S. 33: This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only.
Textual Amendments
F4Words in s. 33(3) substituted (N.I.) (4.11.1996) by S.I. 1993/1576 (N.I. 6), art. 11, Sch. 1 para. 13(a); S.R. 1996/454, art. 3
F5Words in s. 33(3) substituted (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 73 (with Sch. 8 para. 1(1)); S.R. 1996/297, art. 2(2)
F6S. 33(3B) inserted (N.I.) (4.11.1996) by S.I. 1993/1576 (N.I. 6), art. 11, Sch. 1 para. 13(b); S.R. 1996/454, art. 3
Marginal Citations
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