Part II Enforcement C2

Annotations:
Modifications etc. (not altering text)

16 Application of Part II. C1

1

Any order to which this section applies (in this Part of this Act referred to as a maintenance order) made by a court in any part of the United Kingdom may, if registered in accordance with the provisions of this Part of this Act in a court in another part of the United Kingdom, be enforced in accordance with those provisions in that other part of the United Kingdom.

2

This section applies to the following orders, that is to say—

a

an order for alimony, maintenance or other payments made or deemed to be made by a court in England under any of the following enactments:—

F1i

sections 15 to 17, 19 to 22, 30, 34 and 35 of the M1Matrimonial Causes Act 1965 and sections 22, 23(1), (2) and (4) and 27 of the M2Matrimonial Causes Act 1973F2and section 14 or 17 of the Matrimonial and Family Proceedings Act 1984;

F3ii

Part I of the M3Domestic Proceedings and Magistrates’ Courts Act 1978;

F4iii

Schedule 1 to the Children Act 1989

iv

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

v

F6paragraph 23 of Schedule 2 to the Children Act 1989, or section forty-three of the M4National Assistance Act 1948;

F7vi

section 18 of the M5Supplementary Benefits Act 1976 . . . F8;

vi

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

F10vii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11viii

F12section 106 of the Social Security Administration Act 1992 . . . F13;

b

a decree for payment of aliment granted by a court in Scotland, including—

i

an order for the payment of an annual or periodical allowance under section two of the M6Divorce (Scotland) Act 1938 F14an order for the payment of a periodic allowance F15or a capital sum under section 26 of the M7Succession (Scotland) Act 1964 or section 5 of the M8Divorce (Scotland) Act 1976F16or section 29 of the Matrimonial and Family Proceedings Act 1984; F17or an order for financial provision in the form of a monetary payment under section 8 of the Family Law (Scotland) Act 1985;

ii

an order for the payment of weekly or periodical sums under subsection (2) of section three or subsection (4) of section five of the M9Guardianship of Infants Act 1925;

iii

an order for the payment of sums in respect of aliment under subsection (3) of section one of the M10Illegitimate Children (Scotland) Act 1930;

iv

a decree for payment of aliment under section forty-four of the M11National Assistance Act 1948, or under section twenty-six of the M12Children Act 1948; and

v

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18an order under section forty-three of the M13National Assistance Act 1948;

F19vi

a contribution order under section 80 of, or a decree or an order made under section 81 of, the M14Social Work (Scotland) Act 1968;

F20vii

an order for the payment of weekly or other periodical sums under subsection (3) of section 11 of the M15Guardianship Act 1973;

F21viii

an order made on an application under F22section 18 or 19(8)of the M16Supplementary Benefits Act 1976;

F23ix

an order made on an application under F12section 106 of the Social Security Administration Act 1992;

c

an order for alimony, maintenance or other payments made by a court in Northern Ireland under or by virtue of any of the following enactments:—

i

subsection (2) of section seventeen, subsections (2) to (7) of section nineteen, subsection (2) of section twenty, section twenty-two or subsection (1) of section twenty-eight of the M17Matrimonial Causes Act (Northern Ireland) 1939;

F24ii

Schedule 1 to the Children (Northern Ireland) Order 1995;

F25iii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26iv

F27Article 41 of the Children (Northern Ireland) Order 1995 or Article 101 of the Health and Personal Social Services (Northern Ireland) Order 1972;

F28v

any enactment of the Parliament of Northern Ireland containing provisions corresponding with section 22(1), 34 or 35 of the M18Matrimonial Causes Act 1965, with section 22, 23(1), (2) or (4) or 27 of the M19Matrimonial Causes Act 1973, F29. . ..

F30vi

Article 23 or 24 of the Supplementary Benefits (Northern Ireland) Order 1977.

F31vii

the Domestic Proceedings (Northern Ireland) Order 1980.

F32viii

any enactment applying in Northern Ireland and corresponding to F12section 106 of the Social Security Administration Act 1992;

F33ix

Article 18 or 21 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989;

3

For the purposes of this section, any order made before the commencement of the M20Matrimonial Causes Act (Northern Ireland) 1939, being an order which, if that Act had been in force, could have been made under or by virtue of any provision of that Act, shall be deemed to be an order made by virtue of that provision.