Section 21 Discharge and variation of maintenance orders registered in superior courts.
The registration of a maintenance order in a superior court under this Part of this Act shall not confer on that court any power to vary or discharge the order, or affect any jurisdiction of the court in which the order was made to vary or discharge the order.
Where a maintenance order made in Scotland is for the time being
registerd in a court in England under that Part of that Act F3of 1958by virtue of section 1(2) of that Act of 1958,
registered in a court in Northern Ireland under section 36 of the Civil Jurisdiction and Judgments Act 1982
the person liable to make payments under the order may, upon application made to that court in the prescribed manner, adduce before that court any evidence upon which he would be entitled to rely in any proceedings brought before the court by which the order was made for the variation or discharge of the order.
A court before which evidence is adduced in accordance with the foregoing subsection shall cause a transcript or summary of that evidence, signed by the deponent, to be sent to the prescribed officer of the court by which the order was made; and in any proceedings before the last-mentioned court for the variation or discharge of the order, the transcript or summary shall be evidence of the facts stated therein.
Annotations
Textual amendments
- F1
Words substituted by Administration of Justice Act 1977 (c. 38), s. 3, Sch. 3 para. 7
- F2
Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 36(6), 52, Sch. 12 Pt. III para. 1(3)(a)
- F3
Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 36(6), 52, Sch. 12 Pt. III para. 1(3)(b)
- F4
S. 21(2)(c) inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 36(6), 52, Sch. 12 Pt. III para. 1(3)(c)
Marginal citations
- M1
Notes on Part II
Modifications
- C1
Pt. II excluded by Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18), s. 33(6).