Section 23 Maintenance order registered in High Court under the Maintenance Orders etc. Act 1920.

United Kingdom

(1)

Where a country or territory, being a country or territory to which at the commencement of section 1 of this Act the M1Maintenance Orders (Facilities for Enforcement) Act 1920 extended, becomes a reciprocating country, then, if immediately before the Order in Council made under section 12 of that Act extending that Act to that country or territory was revoked any maintenance order made by a court in that country or territory was registered in the High Court F1or the High Court of Justice in Northern Ireland under section 1 of that Act, F2subsection (1A) applies in relation to the order.

(1A)

Where the order was at that time registered in the High Court, that court may, on an application by the payer or the payee under the order or of its own motion, transfer the order to the family court, with a view to the order being registered in the family court under this Part of this Act; and where the order was at that time registered in the High Court of Justice in Northern Ireland, that court may, on an application by the payer or the payee under the order or of its own motion, transfer the order to such magistrates’ court F3in Northern Ireland as having regard to the place where the payer is residing and to all the circumstances it thinks most appropriate, with a view to the order being registered in that F4magistrates’ court under this Part of this Act.

F5(1B)

Where the High Court transfers an order to the family court under this section it shall—

(a)

cause a certified copy of the order to be sent to an officer of the family court, and

(b)

cancel the registration of the order in the High Court.

(2)

Where the High Court F6of Justice in Northern Ireland transfers an order to a magistrates’ court under this section it shall—

(a)

cause a certified copy of the order to be sent to the F7appropriate officer of that court, and

(b)

cancel the registration of the order in the High Court.

(3)

The F8... officer of the court who receives a certified copy of an order sent to him under this section shall register the order in the prescribed manner in that court.

(4)

On registering a maintenance order in F9a court by virtue of this section the F10officer registering it shall, if the order is registered in that court under Part I of the M2Maintenance Orders Act 1958, cancel that registration.

F11(5)

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

F12(6)

In this section “appropriate officer”F13, in relation to a magistrates' court in Northern Ireland, means the clerk of the court.

Annotations

Textual amendments

F1: Words in s. 23(1) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 41(2)(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F2: Words in s. 23(1)(1A) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 41(2)(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F3: Words in s. 23(1A) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 41(2)(c); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F4: Word in s. 23(1A) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 41(2)(d); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F5: S. 23(1B) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 41(3); 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. 23(2) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 41(4); 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. 23(2)(3)(4) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 75 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)
F8: Word in s. 23(3) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 41(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: Word in s. 23(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 41(6)(a); 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. 23(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 41(6)(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F11: S. 23(5) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 41(7); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F12: S. 23(6) inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 75 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)
F13: Words in s. 23(6) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 41(8); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Marginal citations

M1: 1920 c. 33.
M2: 1958 c. 39.

Notes on Part I

Modifications

C1: By S.I. 1982/159, art. 3 para. (1) it is provided that the functions of the Secretary of State under this Act insofar as relating to any matter concerning a court in Northern Ireland or a person residing or believed to reside there are transferred to the Lord Chancellor and by art. 3(2) it is provided that any reference to the Secretary of State, so far as necessary for giving effect to para. (1) of art. 3, to be construed as a reference to the Lord Chancellor
C2: Pt. 1 (ss. 1-24) applied (with modifications) (5.4.1993) by Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993 (S.I. 1993/593), art. 3(1)(2), Sch. 2, Sch. 3 (as amended (1.4.2005) by S.I. 2005/617, art. 1, Sch. para. 160; (18.6.2011) by S.I. 2011/1484, reg. 1(1), Sch. 7 paras. 25, 26; (22.4.2014) by S.I. 2014/879, arts. 1(1), 30-44; and (31.12.2020) by S.I. 2019/519, reg. 1(1), Sch. para. 31(3)-(16) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1))
C3: Pt. 1 (ss. 1-24) applied (with modifications) (5.4.1993) by Reciprocal Enforcement of Maintenance Orders (Republic of Ireland) Order 1993 (S.I. 1993/594), art. 2(1)(2), Sch. 1, Sch. 2 (as amended (1.4.2005) by S.I. 2005/617, art. 1, Sch. para. 161; (18.6.2011) by S.I. 2011/1484, reg. 1(1), Sch. 7 paras. 27, 28; and (22.4.2014) by S.I. 2014/879, arts. 1(1), 47-58)
C4: Pt. 1 (ss. 1-24) applied (with modifications) (1.12.1995) by Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995 (S.I. 1995/2709), art. 3, Sch. 2 (as amended (1.4.2005) by S.I. 2005/617, art. 1, Sch. para. 163; and (22.4.2014) by S.I. 2014/879, arts. 1(1), 61-73)
C5: Pt. I applied (with modifications) (1.10.2007) by The Reciprocal Enforcement of Maintenance Orders (United States of America) Order 2007 (S.I. 2007/2005), arts. 1, 4, Sch. 1 (with arts. 5, 6) (as amended (22.4.2014) by S.I. 2014/879, arts. 1(1), 106-117)
C6: Pt. 1 applied (with modifications) (1.10.2007) by The Reciprocal Enforcement of Maintenance Orders (United States of America) (Scotland) Order 2007 (S.S.I. 2007/354), arts. 1(1), 4, Sch. 1, Sch. 2 (with art. 5) (as amended (22.4.2014) by S.I. 2014/879, arts. 1(1), 119, 120)