Maintenance Orders (Facilities for Enforcement) Act 1920

6 Mode of enforcing orders. U.K.

(1) A court F1 ... in which an order has been registered under this Act or by which an order has been confirmed under this Act, and the officers of such court, shall take all such steps for enforcing the order as may be prescribed.

(2) [F2 Every such order shall be enforceable in like manner as if the order were for the payment of a civil debt recoverable summarily:

Provided that, if the order is of such a nature that if made by the court in which it is so registered, or by which it is so confirmed, it would be enforceable [F3 as a magistrates’ court maintenance order ] , [F4 the order 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 (2ZA) and (2ZB) of section 18 of the Maintenance Orders Act 1950 (enforcement of registered orders), be so enforceable ] .

• [F5 In this subsection “ magistrates’ court maintenance order ” has the same meaning as in section 150(1) of the Magistrates’ Courts Act 1980. ]]

[F2 Every such order registered in or confirmed by the family court is enforceable as if it were an order made by the family court and as if that court had had jurisdiction to make it.]

(3) A warrant of distress[F6 , control ] or commitment issued by [F7 the family court or ] a court of summary jurisdiction for the purpose of enforcing any order so registered or confirmed may be executed in any part of the United Kingdom in the same manner as if the warrant had been originally issued or subsequently endorsed by a court of summary jurisdiction having jurisdiction in the place where the warrant is executed.

[F8 (4) For the purposes of its execution under subsection (3) in England and Wales, a warrant of distress has effect as a warrant of control.

(5) For the purposes of its execution under subsection (3) elsewhere than in England and Wales, a warrant of control has effect as a warrant of distress.]

Textual Amendments

F1 Words in s. 6(1) omitted (temp.) (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 paras. 4(2), 9; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2 S. 6(2) substituted (E.W.) (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 4(2)Sch. 11 para. 9(3); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F3 Words substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 1(a)

F4 Words in s. 6(2) substituted (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3), s. 10, Sch. 1 para.2; S.I. 1992/455, art.2

F5 Definiton inserted by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2, para. 1(b)

F6 Word in s. 6(3) inserted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 22(2) (with s. 89); S.I. 2014/768, art. 2(1)(b)

F7 Words in s. 6(3) inserted (temp.) (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 paras. 4(2), 9(4); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F8 S. 6(4)(5) inserted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 22(3) (with s. 89); S.I. 2014/768, art. 2(1)(b)