OpenLegislation

Maintenance Orders Act 1958 in Scotland

6 & 7 Eliz. 2 c. 39 · Enacted 7 July 1958 · Extends to United Kingdom

Not fully up to date. 11 changes made by later legislation have not yet been written into this text, which is revised to 22 April 2014.

See the changes not yet applied
ProvisionChangeMade by
s. 18amendedAccess to Justice Act 1999 Sch. 13 para. 25 30
s. 2repealed in partAccess to Justice Act 1999 s. 97(1) Sch. 15 Pt. 5(8)
s. 2amendedAccess to Justice Act 1999 Sch. 13 para. 25 26
s. 3amendedAccess to Justice Act 1999 Sch. 13 para. 25 27
s. 4amendedAccess to Justice Act 1999 Sch. 13 para. 25 28
s. 4repealed in partAccess to Justice Act 1999 Sch. 15 Pt. 5(7)
s. 5repealed in partAccess to Justice Act 1999 s. 97(1) Sch. 15 Pt. 5(8)
s. 5amendedAccess to Justice Act 1999 Sch. 13 para. 25 29
s. 20amendedAccess to Justice Act 1999 Sch. 13 para. 25 31
s. 21 defn(s).amendedAccess to Justice Act 1999 Sch. 10 para. 22
s. 21repealed in partAccess to Justice Act 1999 Sch. 15 Pt. 5(7)

Contents

  1. Part I: Registration, enforcement and variation of certain maintenance orders
  2. 2ANo interest on sums recoverable under registered orders
  3. 5Cancellation of registration.
  4. 6—8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  5. 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  6. 10—15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  7. Part III: Miscellaneous and Supplemental
  8. 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  9. 17Prohibition of committal more than once in respect of same arrears.
  10. 19Revocation and variation of Orders in Council under 10 & 11 Geo. 5. c. 33, s. 12.
  11. Supplemental
  12. 23Short title, extent, commencement and repeals.

2ANo interest on sums recoverable under registered ordersC1F3

F1(1)

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(2)

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(3)

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(4)

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(5)

F2...Sums payable under registered orders shall not carry interest.

5Cancellation of registration.C4

(1)

If a person entitled to receive payments under a registered order desires the registration to be cancelled, he may give notice under this section.

C1(2)

Where the original court varies or discharges an order registered in F1the family court, the original court may, if it thinks fit, give notice under this section.

F2(3)

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

C2(4)

Notice under this section shall be given to the court of registration; and where such notice is given—

(a)

no proceedings for the enforcement of the registered order shall be begun before the cancellation of the registration and no writ, warrant or other process for the enforcement thereof shall be issued in consequence of any such proceedings begun before the giving of the notice;

(b)

F3. . . and

(c)

the court of registration shall cancel the registration on being satisfied in the prescribed manner—

(i)

that no process for the enforcement of the registered order issued before the giving of the notice remains in force; and

(ii)

in the case of an order registered in F4the family court, that no proceedings for the variation of the order are pending in the family court.

C3(F54A)

For the purposes of a notice under subsection (2) or (3) above—

  • “court of registration” includes any court in which an order is registered under Part II of the Maintenance Orders Act 1950, and

  • “registration”includes registration under that Act.

F6(5)

On the cancellation of the registration of a High Court F7... order—

(F8a)

any order which requires payments under the order in question to be made by any method of payment falling within section 1(5) of the Maintenance Enforcement Act 1991 (standing order, etc), other than an order which requires payments to be made to the family court, is to continue to have effect, and

(b)

any order which requires payments under the order in question to be made to the family court (whether or not by any method of payment falling within section 1(5) of the Maintenance Enforcement Act 1991) is to cease to have effect;

but, in a case falling within paragraph (b) of this subsection, until the defendant receives the prescribed notice of the cancellation he shall be deemed to comply with the High Court ... order if he makes payment in accordance with any such order as is referred to in paragraph (b) of this subsection which was in force immediately before the cancellation and of which he has notice.

F9(6)

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(7)

In F10subsection (5) of this section “High Court order”F11... shall be construed in accordance with section 2(6A) of this Act.

6—8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

10—15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

17Prohibition of committal more than once in respect of same arrears.C1

Where a defendant has been imprisoned or otherwise detained under an order or warrant of commitment issued in respect of his failure to pay a sum due under a maintenance order, then, notwithstanding anything in this Act, no such order or warrant (other than a warrant of which the issue has been postponed under paragraph (ii) of subsection (5) of the next following section) shall thereafter be issued in respect of that sum or any part thereof.

19Revocation and variation of Orders in Council under 10 & 11 Geo. 5. c. 33, s. 12.F1

Her Majesty may by Order in Council revoke or vary any Order in Council made under section twelve of the M1Maintenance Orders (Facilities for Enforcement) Act, 1920 (which provides for the extension of that Act by Order in Council to certain oversea territories), and an Order under this section may contain such incidental, consequential and transitional provisions as Her Majesty considers expedient for the purposes of that Act.

23Short title, extent, commencement and repeals.

(1)

This Act may be cited as the Maintenance Orders Act, 1958.

F1(2)

The following provisions of this Act, namely—

  • section 2 F2section 2A;

  • section 5(2), (3), (4) and (4A);

extend to Scotland and Northern Ireland.

(2A)

section 20(3)(a) above extends to Northern Ireland.

(2B)

Subject to subsections (2) and (2A) above, this Act extends only to England.

P1(3)

This Act shall come into operation on such date as the Secretary of State may by order, made by statutory instrument, appoint; and different dates may be so appointed for the purposes of different provisions of this Act.

(4)

Subsection (2) of section eight of the M1Guardianship of Infants Act, 1925, and section ten of the M2Affiliation Proceedings Act, 1957, are hereby repealed; but nothing in this subsection shall affect any order in force or deemed to be in force under either of those provisions at the commencement of this subsection, and any such order may be discharged or varied as if this subsection had not been passed.