Section 35 Orders for repayment in certain cases of sums paid after cessation of order by reason of remarriage or formation of civil partnership .F18

England and Wales

(1)

Where—

(a)

an order made under section 2(1)(a), 6 or 7 of this Act has, by virtue of section 4(2) of this Act, ceased to have effect by reason of the remarriage ofF1, or formation of a civil partnership by, the party in whose favour it was made, and

(b)

the person liable to make payments under the order made payments in accordance with it in respect of a period after the date of that remarriage F2or the formation of that civil partnership in the mistaken belief that the order was still subsisting,

no proceedings in respect of a cause of action arising out of the circumstances mentioned in paragraphs (a) and (b) above shall be maintainable by the person so liable or his personal representatives against the person so entitled or his personal representatives, but on an application made under this section F3the family court may exercise the powers conferred on it by subsection (2) below.

(2)

F4The family court may order the respondent to an application made under this section to pay to the applicant a sum equal to the amount of the payments made in respect of the period mentioned in subsection (1)(b) above or, if it appears to the court that it would be unjust to make that order, it may either order the respondent to pay to the applicant such lesser sum as it thinks fit or dismiss the application.

(3)

An application under this section may be made by the person liable to make payments under the order made under section 2(1)(a), 6 or 7 of this Act or his personal representatives and may be made against the person entitled to payments under that order or his personal representatives.

(4)

An application under this section F5may (but need not) be made in proceedings F6... for leave to enforce, or the enforcement of, the payment of arrears under an order made under section 2(1)(a), 6 or 7 of this Act F7...

(5)

An order under this section for the payment of any sum may provide for the payment of that sum by instalments of such amount as may be specified in the order.

F8(6)

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

(7)

F9An officer of the family court, and the collecting officer under an attachment of earnings order made to secure payments under F10an order made under section 2(1)(a), 6 or 7 of this Act, shall not be liable—

(a)

in the case of F11an officer of the family court, for any act done by himF12, in pursuance of an order made under section 2(1)(a), 6 or 7 of this Act requiring payments to be made to the court or an officer of the court, after the date on which that order ceased to have effect by reason of the remarriage ofF13, or formation of a civil partnership by, the person entitled to payments under it, and

(b)

in the case of the collecting officer, for any act done by him after that date in accordance with any enactment or rule of court specifying how payments made to him in compliance with the attachment of earnings order are to be dealt with,

if, but only if, the act was one which he would have been under a duty to do had the F14order made under section 2(1)(a), 6 or 7 of this Act not ceased to have effect by reason of the remarriage F15or the formation of that civil partnership and the act was done before notice in writing of the fact that the person so entitled had remarried F16or formed a civil partnership was given to him by or on behalf of that person, the person liable to make payments under the order made under section 2(1)(a), 6 or 7 of this Act or the personal representatives of either of those persons.

(8)

In this section “collecting officer”, in relation to an attachment of earnings order, means the officer of the High Court, F17or the officer designated by the Lord Chancellor to whom a person makes payments in compliance with the order.

Annotations

Textual amendments

F1: Words in s. 35(1)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 58(2)(a); S.I. 2005/3175, art. 2(2)
F2: Words in s. 35(1)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 58(2)(b); S.I. 2005/3175, art. 2(2)
F3: Words in s. 35(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 84(2); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F4: Words in s. 35(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 84(3); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F5: Words in s. 35(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 84(4)(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F6: Words in s. 35(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 84(4)(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F7: Words in s. 35(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 84(4)(c); 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. 35(6) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 84(5); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F9: Words in s. 35(7) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 84(6)(a)(i); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F10: Words in s. 35(7) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 84(6)(a)(ii); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F11: Words in s. 35(7)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 84(6)(b)(i); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F12: Words in s. 35(7)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 84(6)(b)(ii); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F13: Words in s. 35(7)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 58(3)(a); S.I. 2005/3175, art. 2(2)
F14: Words in s. 35(7) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 84(6)(c); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F15: Words in s. 35(7) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 58(3)(b)(i); S.I. 2005/3175, art. 2(2)
F16: Words in s. 35(7) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 58(3)(b)(ii); S.I. 2005/3175, art. 2(2)
F17: Words in s. 35(8) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 196(3); S.I. 2005/910, art. 3(y)
F18: Words in s. 35 heading inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 58(4); S.I. 2005/3175, art. 2(2)

Notes on Part I

Modifications

C1: Pt. I (ss. 1-35) applied (with modifications) by Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18), ss. 28, 28A