Regulation 8 Deduction from pay – external maintenance order

United Kingdom

(1)

This regulation applies with respect to a maintenance order of a court, tribunal or person outside the United Kingdom and the Sovereign Base Areas (an “external maintenance order”).

(2)

Subject to paragraph (4), if an external maintenance order has been registered in or confirmed by a court in the United Kingdom, the Defence Council, or an officer authorised by them, may make an order authorising a deduction to be made from the pay of a relevant person and to be appropriated in or towards satisfaction of a payment which he is required to make under the maintenance order as so registered or confirmed, subject to any variation for the time being made to the maintenance order by such a court.

F1(2A)

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

(3)

Subject to paragraph (5), if an external maintenance order has not been registered in or confirmed by a court in the United Kingdom, but the Defence Council are, or the authorised officer is, satisfied either—

(a)

that the maintenance order is capable of being registered in a court in the United Kingdom, or

(b)

that the maintenance order would be capable of being so registered but for the fact that the relevant person is serving in the Armed Forces outside the United Kingdom,

the Defence Council or the authorised officer may make an order authorising a deduction to be made from the pay of a relevant person and to be appropriated in or towards satisfaction of a payment which he is required to make under the maintenance order.

(4)

An order made under paragraph (2) may only authorise a deduction to be made on or after the date on which the payment is required to be made under the maintenance order as registered in, or confirmed by, the court in the United Kingdom, including any variation for the time being made to that order by such a court.

(5)

An order made under paragraph F2... (3) may only authorise a deduction to be made on or after the date on which the payment is required to be made under the maintenance order.

(6)

An order made under paragraph (3) may provide—

(a)

that it shall continue in force for a specified period, or

(b)

that it shall continue in force until the occurrence of a specified event,

and for the earlier termination of the order if a specified event has not occurred within a specified period.

(7)

Subject to paragraphs (4) and (5), the Defence Council, or an officer authorised by them, may by order vary an order made under this regulation.

(8)

The Defence Council, or an officer authorised by them, may by order revoke an order made under this regulation.

(9)

The Defence Council, or an officer authorised by them, may treat an order made under this regulation as being in suspense during any period in which the relevant person's pay is suspended.

(10)

In this regulation—

(a)

a reference to a maintenance order being registered in a court in the United Kingdom means registered in such a court under—

(i)

the Maintenance Orders (Facilities for Enforcement) Act 1920 M1;

(ii)

Part 1 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 M2;

F3(iii)

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

(iv)

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

(v)

F4... F5 or

(vi)

the 2007 Hague Convention.

(b)

a reference to a maintenance order confirmed by a court in the United Kingdom means confirmed in such a court under the Maintenance Orders (Facilities for Enforcement) Act 1920.

Annotations

Textual amendments

F1: Reg. 8(2A) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 36(3)(a) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in reg. 8(5) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 36(3)(b) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F3: Reg. 8(10)(a)(iii)(iv) omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 78(3) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F4: Reg. 8(10)(a)(v) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 36(3)(c) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F5: Reg. 8(10)(a)(vi) and word inserted (coming into force in accordance with reg. 1(1) of the amending S.I.) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(1), Sch. 4 para. 9(3)(b)

Marginal citations

M1: 1920 c. 33.
M2: 1972 c. 18.