Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

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

Modifications etc. (not altering text)

C1 Pt. II extended with modification by S.I. 1979/1314, art. 3, Sch.

C2 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 U.K.

33 Enforcement of orders. E+W

(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 M1 Maintenance 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 M2 Maintenance and Affiliation Orders Act (Northern Ireland) 1966.

[F1 (3) An order which by virtue of subsection (1) above is enforceable by a magistrates’ court [F2 shall, 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 M3 1980.]

[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 M4 Maintenance 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

E1 S. 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

F1 S. 33(3) substituted (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 50

F2 Words 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

F3 S. 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

M1 1958 c. 39.

M2 1966 c. 35(N.I.)

M3 1980 c.43(82).

M4 1950 c. 37.