OpenLegislation

Section 34A Variation of orders by the family court in England and Wales.F1F14

England and Wales

(1)

The provisions of this section shall have effect in relation to a registered order which is registered in F2the family court (whether or not the court made the order) in place of the following enactments, that is to say—

(F3a)

section 1(3A) of the Maintenance Enforcement Act 1991;

(b)

section 20ZA of the M1 Domestic Proceedings and Magistrates’ Courts Act 1978; and

(c)

paragraph 6A of Schedule 1 to the M2 Children Act 1989.

(2)

The power of F4the family court to vary a registered order shall include power, if the court is satisfied that payment has not been made in accordance with the order, to exercise one of its powers under subsection (3) below.

(3)

The powers of the court are—

(a)

the power to order that payments under the order be made directly to F5the court;

(b)

the power to order that payments under the order be made to the court, by such method of payment falling within section F61(5) of the Maintenance Enforcement Act 1991 (standing order, etc.) as may be specified;

(c)

the power to make an attachment of earnings order under the M3Attachment of Earnings Act 1971 to secure payments under the order.

F7(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

In deciding, for the purposes of F8subsection (2) above, F9whether to exercise any of its powers under subsection (3) above F10... , the court shall have regard to any representations made by the debtor F11or the creditor.

(10)

F12Subsection (6) of section 1 of the Maintenance Enforcement Act 1991 (power of court to require debtor to open account) shall apply for the purposes of subsection (3) above as it applies for the purposes of that section but as if for paragraph (a) there were substituted—

(a)

the court proposes to exercise its power under paragraph (b) of section 34A(3) of the M4Maintenance Orders (Reciprocal Enforcement) Act 1972, and

(11)

In this section “creditor” and “debtor” have the same meaning as they have in F13section 1 of the Maintenance Enforcement Act 1991.

Annotations

Textual amendments

F1

S. 34A inserted (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17), s. 10, Sch. 1 para. 19(2); S.I. 1992/455, art. 2

F2

Words in s. 34A(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 51(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)

F3

S. 34A(1)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 51(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)

F4

Words in s. 34A(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 51(3); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F5

Words in s. 34A(3)(a)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 51(4)(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

Words in s. 34A(3)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 51(4)(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F7

Ss. 34A(4)-(8) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 51(5); 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. 34A(9) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 51(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)

F9

Words in s. 34A(9) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 51(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)

F10

Words in s. 34A(9) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 51(6)(c); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F11

Words in s. 34A(9) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 51(6)(d); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F12

Words in s. 34A(10) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 51(7); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F13

Words in s. 34A(11) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 51(8); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F14

Words in s. 34A heading substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 51(9); 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

1978 c. 22.

M2

1989 c. 41.

M3

1971 c. 32.

M4

1972 c. 18.

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)