C5Part I Registration, enforcement and variation of certain maintenance orders

Annotations:
Modifications etc. (not altering text)

5C1 Cancellation of registration.

1

If a person entitled to receive payments under a registered order desires the registration to be cancelled, he may give notice under this section.

C22

Where the original court varies or discharges an order registered in F4the family court, the original court may, if it thinks fit, give notice under this section.

F53

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C34

Notice under this section shall be given to the court of registration; and where such notice is given—

a

no proceedings for the enforcement of the registered order shall be begun before the cancellation of the registration and no writ, warrant or other process for the enforcement thereof shall be issued in consequence of any such proceedings begun before the giving of the notice;

b

F1. . . and

c

the court of registration shall cancel the registration on being satisfied in the prescribed manner—

i

that no process for the enforcement of the registered order issued before the giving of the notice remains in force; and

ii

in the case of an order registered in F6the family court, that no proceedings for the variation of the order are pending in F6the family court.

C4F24A

For the purposes of a notice under subsection (2) or (3) above—

  • “court of registration” includes any court in which an order is registered under Part II of the Maintenance Orders Act 1950, and

  • “registration”includes registration under that Act.

F35

On the cancellation of the registration of a High Court F7... order—

F8a

any order which requires payments under the order in question to be made by any method of payment falling within section 1(5) of the Maintenance Enforcement Act 1991 (standing order, etc), other than an order which requires payments to be made to the family court, is to continue to have effect, and

b

any order which requires payments under the order in question to be made to the family court (whether or not by any method of payment falling within section 1(5) of the Maintenance Enforcement Act 1991) is to cease to have effect;

but, in a case falling within paragraph (b) of this subsection, until the defendant receives the prescribed notice of the cancellation he shall be deemed to comply with the High Court F7... order if he makes payment in accordance with any such order as is referred to in paragraph (b) of this subsection which was in force immediately before the cancellation and of which he has notice.

F96

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7

In F10subsection (5) of this section “High Court order”F11... shall be construed in accordance with section 2(6A) of this Act.