- Latest available (Revised)
- Point in Time (12/04/2010)
- Original (As enacted)
Version Superseded: 22/04/2014
Point in time view as at 12/04/2010. There are multiple versions of this provision on screen. These apply to different geographical extents.This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. status_warning_revised_p22i Sometimes the text of a provision is changed, but the change(s) only apply to a particular geographical area. In some limited cases where this happens, the editorial team create a version for each different geographical area. Multiple versions are only created in this way where the change in question is a substitution so that there are different versions of the text for the different extents. A later version of this provision including subsequent changes and effects supersedes these versions.
There are currently no known outstanding effects for the Maintenance Orders (Reciprocal Enforcement) Act 1972, Section 8.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Subject to subsection (2) below, a registered order may be enforced in the United Kingdom 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 accordingly.
(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.
(3)Any person for the time being under an obligation to make payments in pursuance of a registered order shall give notice of any change of address to the [F1appropriate officer] of the registering court, and any person failing without reasonable excuse to give such a notice shall be liable on summary conviction to a fine not exceeding [F2£50].
[F3(3A) In subsection (3) above “ appropriate officer ” means—
(a)in relation to a magistrates’ court in England and Wales, the [F4designated officer] for the court; and
(b)in relation to a court elsewhere, the clerk of the court.]
[F5(4)An order which by virtue of this section is enforceable by a magistrates’ court shall [F6subject to the modifications of sections 76 and 93 of the Magistrates’ Courts Act 1980 specified in subsections (4A) and (4B) below]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. ]
[F7(4A)Section 76 (enforcement of sums adjudged to be paid) shall have effect as if for subsections (4) to (6) there were substituted the following subsections—
“(4)Where proceedings are brought for the enforcement of a magistrates’ court maintenance order under this section, the court may vary the order by exercising one of its powers under subsection (5) below.
(5)The powers of the court are—
(a)the power to order that payments under the order be made directly to [F8the designated officer for the court or for any other magistrates' court];
(b)the power to order that payments under the order be made to [F8the designated officer for the court or for any other magistrates' court], by such method of payment falling within section 59(6) above (standing order, etc.) as may be specified;
(c)the power to make an attachment of earnings order under theAttachment of Earnings Act 1971 to secure payments under the order.
(6)In deciding which of the powers under subsection (5) above it is to exercise, the court shall have regard to any representations made by the debtor (within the meaning of section 59 above).
(7)Subsection (4) of section 59 above (power of court to require debtor to open account) shall apply for the purposes of subsection (5) 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 76(5) below, and”.”
(4B)In section 93 (complaint for arrears), subsection (6) (court not to impose imprisonment in certain circumstances) shall have effect as if for paragraph (b) there were substituted—
“(b)if the court is of the opinion that it is appropriate—
(i)to make an attachment of earnings order; or
(ii)to exercise its power under paragraph (b) of section 76(5) above”].
(5)The magistrates’ court by which an order is enforceable by virtue of this section, and the officers thereof, shall take all such steps for enforcing [F9or facilitating the enforcement of] the order as may be prescribed.
(6)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 to the prescribed officer of the court shall be evidence of the facts stated therein.
(7)Subject to subsection (8) below, sums of money payable under a registered order shall be payable in accordance with the order as from [F10the date on which they are required to be paid under the provisions of the order].
(8)The court having power under section 7 of this Act to confirm a provisional order may, if it decides to confirm the order, direct that the sums of money payable under it shall be deemed to have been payable in accordance with the order as from [F11the date on which they are required to be paid under the provisions of the order or such later date], as it may specify; and subject to any such direction, a maintenance order registered under the said section 7 shall be treated as if it had been made in the form in which it was confirmed and as if it had never been a provisional order.
(9)In the application of this section to Scotland—
(a)subsections (2) to (5) shall be omitted; and
(b)in subsection (6), for the word “evidence” there shall be substituted the words “sufficient evidence”.
F12(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent Information
E1S. 8: 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
F1Words in s. 8(3) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 73(1)(2) (with Sch. 14 para.7(2)); S.I. 2001/916, art. 2(a)(ii)
F2Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 33
F3S. 8(3A) inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 73(1)(3) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)
F4Words in s. 8(3A) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 152(2); S.I. 2005/910, art. 3(y)
F5S. 8(4) substituted (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 45
F6Words in s. 8(4) inserted (E.W.) (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 10, Sch. 1 para. 13(1), S.I. 1992/455, art. 2
F7S. 8(4A)(4B) inserted (E.W.) (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF: 49:3), s. 10, Sch. 1 para. 13(2), S.I. 1992/455, art. 2
F8Words in s. 8(4A) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 152(3); S.I. 2005/910, art. 3(y)
F9Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 11
F10Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 54(c), 89
F11Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 54(d), 89
F12S. 8(10) repealed by S.I. 1981/1675 (N.I. 26), Sch. 7
Modifications etc. (not altering text)
C8Ss. 8-21 applied (28.5.2002) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002 (S.I. 2002/788), art. 4(4)(5)
C9Ss. 8-21 applied (19.6.2008) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2008 (S.I. 2008/1202), arts. 1, 4(5)
Marginal Citations
(1)Subject to subsection (2) below, a registered order may be enforced in the United Kingdom 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 accordingly.
(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 M4Maintenance 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 M5Maintenance and Affiliation Orders Act (Northern Ireland) 1966.
(3)Any person for the time being under an obligation to make payments in pursuance of a registered order shall give notice of any change of address to the [F13appropriate officer] of the registering court, and any person failing without reasonable excuse to give such a notice shall be liable on summary conviction to a fine not exceeding [F14£50].
F15[(3A) In subsection (3) above “ appropriate officer ” means—
(a)in relation to a magistrates’ court in England and Wales, the [F4designated officer] for the court; and
(b)in relation to a court elsewhere, the clerk of the court.]
(4)An order which by virtue of this section is enforceable by a magistrates’ court shall [F16subject to the modifications of Article 98 of the Magistrates’ Courts (Northern Ireland) Order 1981 specified in subsection (4C) below]be enforceable as [F17an order made by that court to which that Article applies]
F18[(4C)Article 98 of the Magistrates’ Courts (Northern Ireland) Order 1981 (enforcement of sums adjudged to be paid) shall have effect—
(a)as if for paragraph (7)(a) there were substituted the following paragraph—
“(a)if the court is of the opinion that it is appropriate—
(i)to make an attachment of earnings order; or
(ii)to exercise its power under paragraph (8C)(b)”
(b)as if for paragraphs (8B) to (8D) there were substituted the following paragraphs—
“(8B)Upon the appearance of a person or proof of service of the summons on him as mentioned in paragraph (4) for the enforcement of an order to which this Article applies, the court or resident magistrate may vary the order by exercising one of the powers under paragraph (8C).
(8C)The powers mentioned in paragraph (8B) are—
(a)the power to order that payments under the order be made directly to the collecting officer;
(b)the power to order that payments under the order be made to the collecting officer, by such method of payment falling within Article 85(7) (standing order, etc.) as may be specified;
(c)the power to make an attachment of earnings order under Part IX to secure payments under the order.
(8D)In deciding which of the powers under paragraph (8C) is to be exercised, the court or, as the case may be, a resident magistrate shall have regard to any representations made by the debtor (within the meaning of Article 85).
(8E)Paragraph (5) of Article 85 (power of court to require debtor to open account) shall apply for the purposes of paragraph (8C) as it applies for the purposes of that Article but as if for sub-paragraph (a) there were substituted—
“(a)the court proposes to exercise its power under sub-paragraph (b) of Article 98(8C), and””]
(5)The magistrates’ court by which an order is enforceable by virtue of this section, and the officers thereof, shall take all such steps for enforcing [F19or facilitating the enforcement of] the order as may be prescribed.
(6)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 to the prescribed officer of the court shall be evidence of the facts stated therein.
(7)Subject to subsection (8) below, sums of money payable under a registered order shall be payable in accordance with the order as from [F20the date on which they are required to be paid under the provisions of the order].
(8)The court having power under section 7 of this Act to confirm a provisional order may, if it decides to confirm the order, direct that the sums of money payable under it shall be deemed to have been payable in accordance with the order as from [F21the date on which they are required to be paid under the provisions of the order or such later date], as it may specify; and subject to any such direction, a maintenance order registered under the said section 7 shall be treated as if it had been made in the form in which it was confirmed and as if it had never been a provisional order.
(9)In the application of this section to Scotland—
(a)subsections (2) to (5) shall be omitted; and
(b)in subsection (6), for the word “evidence” there shall be substituted the words “sufficient evidence”.
F22(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Editorial Information
X1S. 8(4A)(4B) were inserted for England and Wales only by 1991 c. 17, Sch. 1 para. 13; the substitution to words in s. 8(4A) by 1999 c. 22, Sch. 13 para. 73(4) cannot be carried through to this section as it applies to Scotland and Northern Ireland
Extent Information
E2S. 8: 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. 8(3A) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 152(2); S.I. 2005/910, art. 3(y)
F13Words in s. 8(3) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 73(1)(2) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)
F14Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 2 para. 33
F15S. 8(3A) inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 73(1)(3) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)
F16Words in s. 8(4) inserted (4.11.1996) by S.I. 1993/1576 (N.I. 6), art. 11, Sch. 1 para. 8(a); S.R. 1996/454, art. 3
F17Words in s. 8(4) substituted (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 68 (with Sch. 8 para. 1(1)); S.R. 1996/297, art. 2(2)
F18S. 8(4C) inserted (4.11.1996) by S.I. 1993/1576 (N.I. 6), art. 11, Sch. 1 para. 8(b); S.R. 1996/454, art. 3
F19Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 11
F20Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 54(c), 89
F21Words substituted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 54(d), 89
F22S. 8(10) repealed by S.I. 1981/1675 (N.I. 26), Sch. 7
Modifications etc. (not altering text)
C9Ss. 8-21 applied (19.6.2008) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2008 (S.I. 2008/1202), arts. 1, 4(5)
C10Ss. 8-21 applied (28.5.2002) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002 (S.I. 2002/788), art. 4(4)(5)
Marginal Citations
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: