Maintenance Enforcement Act 1991

9 (1) In section 4 of that Act (variation of orders registered in magistrates’ courts), after subsection (2) (power of court to vary rate of payments under order) there shall be inserted the following subsections— E+W

“(2A) The power of a magistrates’ court to vary a registered order under subsection (2) of this section shall include power, if the court is satisfied that payment has not been made in accordance with the order, to vary the order by exercising one of its powers under paragraphs (a) to (d) of section 59(3) of the Magistrates’ Courts Act 1980.

(2B) Subsection (4) of section 59 of that Act shall apply for the purposes of subsection (2A) of this section as it applies for the purposes of that section.

(2C) In deciding which of the powers under paragraphs (a) to (d) of section 59(3) of that Act it is to exercise, the court shall have regard to any representations made by the debtor and the creditor (which expressions have the same meaning as they have in section 59 of that Act).”

(2) After subsection (5) of that section there shall be inserted the following subsections—

“(5A) Subject to the following provisions of this section, subsections (4) to (11) of section 60 of the M1 Magistrates’ Courts Act 1980 (power of clerk and court to vary maintenance orders) shall apply in relation to a registered order (other than one deemed to be made by the High Court by virtue of section 1(2) of this Act) as they apply in relation to a maintenance order made by a magistrates’ court (disregarding section 23(2) of the M2 Domestic Proceedings and Magistrates’ Courts Act 1978 and section 15(2) of the M3 Children Act 1989) but—

(a) as if in subsection (8) after the words “the court which may” there were inserted “subject to subsection (10) below”; and

(b) as if for subsections (9) and (10) there were substituted the following subsections—

(9) Subsection (4) of section 59 above shall apply for the purposes of subsection (8) above as it applies for the purposes of that section.

(10) In deciding which of the powers under paragraphs (a) to (d) of section 59(3) above it is to exercise, the court shall have regard to any representations made by the debtor and the creditor.

(5B) Subject to the following provisions of this section, subsections (4) to (11) of section 60 of the Magistrates’ Courts Act 1980 (power of clerk and court to vary maintenance orders) shall apply in relation to a registered order deemed to be made by the High Court by virtue of section 1(2) of this Act as they apply in relation to a maintenance order made by a magistrates’ court (disregarding section 23(2) of the Domestic Proceedings and Magistrates’ Courts Act 1978 and section 15(2) of the Children Act 1989) but—

(a) as if in subsection (4) for paragraph (b) there were substituted—

(b) payments under the order are required to be made to the clerk of the court, or to the clerk of any other magistrates’ court, by any method of payment falling within section 59(6) above (standing order, etc.)

;and as if after the words “the court” there were inserted “which made the order”;

(b) as if in subsection (5) for the words “to the clerk” there were substituted “in accordance with paragraph (a) of subsection (9) below”;

(c) as if in subsection (7), paragraph (c) and the word “and” immediately preceding it were omitted;

(d) as if in subsection (8) for the words “paragraphs (a) to (d) of section 59(3) above” there were substituted “subsection (9) below”;

(e) as if for subsections (9) and (10) there were substituted the following subsections—

(9) The powers of the court are—

(a) the power to order that payments under the order be made directly to the clerk of the court or the clerk of any other magistrates’ court;

(b) the power to order that payments under the order be made to the clerk of the court, or to the clerk of 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 the M4 Attachment of Earnings Act 1971 to secure payments under the order.

(10) In deciding which of the powers under subsection (9) above it is to exercise, the court shall have regard to any representations made by the debtor.

(10A) Subsection (4) of section 59 above (power of court to require debtor to open account) shall apply for the purposes of subsection (9) 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 60(9) below”.

(3) At the beginning of subsection (6A) of that section (no application for variation in respect of order deemed to be made by High Court by virtue of section 1(2) of Act) there shall be inserted the words “Except as provided by subsection (5B) of this section”.

Commencement Information

I1 Sch. 1 para. 9 wholly in force at 1.4.1992 see s. 12(2) and S.I. 1992/455, art. 2

Marginal Citations

M1 1980 c. 43.

M2 1978 c. 22.

M3 1989 c.41.

M4 1971 c. 32.