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Section 21 Interpretation, etc.C1C2

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In this Act, unless the context otherwise requires, the following expressions have the following meanings—

  • F1...

  • . . . F2

  • “defendant”, in relation to a maintenance order or a related attachment of earnings order, means the person liable to make payments under the maintenance order;

  • . . .

  • “England” includes Wales;

  • . . .

  • “prescribed” means prescribed by rules of court;

  • F3“proper officer”, in relation to a magistrates’ court, means the clerk of the court;

  • F4...

(2)

Any reference in this Act to a person entitled to receive payments under a maintenance order is a reference to a person entitled to receive such payments either directly or through another person or for transmission to another person.

(3)

Any reference in this Act to proceedings relating to an order includes a reference to proceedings in which the order may be made.

(4)

Any reference in this Act to costs incurred in proceedings relating to a maintenance order shall be construed, in the case of a maintenance order made by the High Court, as a reference to such costs as are included in an order for costs relating solely to that maintenance order.

(5)

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

(6)

Any reference in this Act to any enactment is a reference to that enactment as amended by or under any subsequent enactment.

Annotations

Textual amendments

F1

Words in s. 21(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 13; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2

Definitions of “attachment of earnings order”, “earnings”, “employer”, “excepted sums”, and “maintenance order” repealed by Administration of Justice Act 1970 (c. 31), Sch. 11

F3

Definition of “proper officer”in s. 21(1) repealed (1.4.2001) by 1999 c. 22, s. 106, Sch. 15 Pt. V(7) (with s. 107, Sch. 14 para. 7(2), 36(9)); S.I. 2001/916, art. 2(c)(ii) (with transitional provision in Sch. 2 para. 2)

F4

Words in s. 21(1) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 104, Sch. 10; S.I. 2005/910, art. 3(y)

F5

S. 21(5) repealed by Administration of Justice Act 1970 (c. 31), Sch. 11

Modifications

C1

S. 21 applied (14.10.1991) by S.I. 1991/1247, rule 7.22

C2

S. 21 applied (18.6.2011) by The Magistrates Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011 (S.I. 2011/1329), rules 1, 34(2) (with rule 3)