Section 33 Enforcement of orders.

United Kingdom

C1(1)

Subject to subsection (2) below, a registered order which is registered in a court other than the court by which the order was made may be enforced as if it had been made by the registering court and as if that court had had jurisdiction to make it; and proceedings for or with respect to the enforcement of any such order may be taken in accordance with this subsection but not otherwise.

(2)

Subsection (1) above does not apply to an order which is for the time being registered F1... in the High Court of Justice in Northern Ireland under Part II of the M1Maintenance and Affiliation Orders Act (Northern Ireland) 1966.

(3)

~~F2An order which by virtue of subsection (1) above is enforceable by a magistrates’ court~~ F3shall, subject to the modifications of Article 98 of the Magistrates’ Courts (Northern Ireland) Order 1981 (enforcement of sums adjudged to be paid and complaint for arrears) specified in subsection (4C) of section 8 of this Act, be enforceable as ~~F4an order made by that court to which that Article applies~~.

F5(3A)

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

F6(3B)

Where, by virtue of being registered in the court of summary jurisdiction F7in Northern Ireland in which it was made, a registered order is enforceable as a maintenance order made by a court of summary jurisdiction, Article 98 of the Magistrates’ Courts (Northern Ireland) Order 1981 shall have effect subject to the modifications specified in subsection (4C) of section 8 of this Act.

(4)

A magistrates’ court F8in Northern Ireland in which an order is registered under this Part of this Act, and the officers thereof, shall take all such steps for enforcing the order as may be prescribed.

(5)

In any proceedings for or with respect to the enforcement of an order which is for the time being registered in any court under this Part of this Act a certificate of arrears sent under section 32 of this Act to the prescribed officer of the court shall be evidence of the facts stated therein.

(6)

Part II of the M2Maintenance Orders Act 1950 (enforcement of certain orders throughout the United Kingdom) shall not apply to a registered order.

(7)

In the application of this section to Scotland—

(a)

subsections (2) to (4) shall be omitted; and

(b)

in subsection (5), for the word “evidence” there shall be substituted the words “sufficient evidence”.

Annotations

Textual amendments

F1: Words in s. 33(2) omitted (22.4.2014) by virtue of The Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014 (S.I. 2014/605), arts. 1, 9
F2: S. 33(3) omitted (E.W.) (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 49(a) (with s. 61(13)(f)); 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. 33(3) substituted (N.I.) (4.11.1996) by S.I. 1993/1576 (N.I. 6), art. 11, Sch. 1 para. 13(a); S.R. 1996/454, art. 3
F4: Words in s. 33(3) substituted (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 73 (with Sch. 8 para. 1(1)); S.R. 1996/297, art. 2(2)
F5: S. 33(3A) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 49(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: S. 33(3B) inserted (N.I.) (4.11.1996) by S.I. 1993/1576 (N.I. 6), art. 11, Sch. 1 para. 13(b); S.R. 1996/454, art. 3
F7: Words in s. 33(3B) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 49(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F8: Words in s. 33(4) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 49(c); 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: 1966 c. 35 (N.I.)
M2: 1950 c. 37.

Modifications

C1: S. 33(1) excluded (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014 (S.I. 2014/605), arts. 1, 11

Notes on Part II

Modifications

C1: Pt. II (ss. 25-39) applied (with modifications) (5.4.1993) by The Recovery of Maintenance (United States of America) Order 1993 (S.I. 1993/591), art.3(1)
C2: Pt. II applied (with modifications) (1.10.2007) by The Recovery of Maintenance (United States of America) (Scotland) Order 2007 (S.S.I. 2007/355), arts. 1(1), 4 (with art. 5)
C3: Pt. II applied (with modifications) (1.10.2007) by The Recovery of Maintenance (United States of America) Order 2007 (S.I. 2007/2006), arts. 1(2), 3 (with arts. 4, 5) (as amended by S.I. 2014/879, arts. 1(1), 118)