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Domestic Proceedings and Magistrates’ Courts Act 1978
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Changes over time for: Section 32
Version Superseded: 22/04/2014
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Domestic Proceedings and Magistrates’ Courts Act 1978, Section 32 is up to date with all changes known to be in force on or before 11 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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32 Enforcement etc. of orders for payment of money.E+W
[F1(1)An order for the payment of money made by a magistrates’ court under this Part of this Act shall be enforceable as a magistrates’ court maintenance order.]
(2)Without prejudice to [F2section 59 of the Magistrates’ Courts Act 1980] (which relates to the power of a magistrates’ court to direct periodical payments to be made through [F3the designated officer for a magistrates' court] ), a magistrates’ court making an order under this Part of this Act for the making of a periodical payment by one person to another may direct that it shall be made to some third party on that other person’s behalf instead of directly to that other person; and, for the purposes of any order made under this Part of this Act, [F2the said section 59] shall have effect as if, in [F4subsection (7)] thereof, for the words [F4“the person who applied for the maintenance order ”] there were substituted the words “the person to whom the payments under the order fall to be made ”.
(3)Any person for the time being under an obligation to make payments in pursuance of any order for the payment of money made under this Part of this Act shall give notice of any change of address to such person, if any, as may be specified in the order; and any person who without reasonable excuse fails to give such a notice shall be liable on summary conviction to a fine not exceeding [F5level 2 on the standard scale].
(4)A person shall not be entitled to enforce through the High Court or any county court the payment of any arrears due under an order made by virtue of this Part of this Act without the leave of that court if those arrears became due more than twelve months before proceedings to enforce the payment of them are begun.
(5)The court hearing an application for the grant of leave under subsection (4) above may refuse leave, or may grant leave subject to such restrictions and conditions (including conditions as to the allowing of time for payment or the making of payment by instalments) as that court thinks proper, or may remit the payment of such arrears or any part thereof.
(6)An application for the grant of leave under subsection (4) above shall be made in such manner as may be prescribed by [F6rules of court] .
Textual Amendments
F1S. 32(1) substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 70
F2Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 164
F3Words in s. 32(2) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 195(2); S.I. 2005/910, art. 3(y)
F4Words in s. 32(2) substituted (1.4.1992) by Maintenance Enforcement Act 1991 ( c. 17, SIF 49:3), s. 11(1), Sch. 2 para. 3; S.I. 1992/455, art. 2.
F5Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
F6Words in s. 32(6) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 195(3); S.I. 2005/910, art. 3(y)
Modifications etc. (not altering text)
C1S. 32 applied (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 6 para. 43; S.I. 2005/3175, art. 2(1), Sch. 1
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