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In section 76 of the Magistrates' Courts Act 1980 (enforcement of sums adjudged to be paid), after subsection (3) there shall be inserted the following subsections—
“(4) Where proceedings are brought for the enforcement of a magistrates' court maintenance order under this section, the court may vary the order by exercising one of its powers under paragraphs (a) to (d) of section 59(3) above.
(5) Subsections (4), (5) and (7) of section 59 above shall apply for the purposes of subsection (4) above as they apply for the purposes of that section.
(6) Subsections (4) and (5) above shall not have effect in relation to a maintenance order which is not a qualifying maintenance order (within the meaning of section 59 above).”
After section 94 of the [1980 c. 43.] Magistrates' Courts Act 1980 (effect of committal on arrears) there shall be inserted the following section—
(1) The Secretary of State may by order provide that a magistrates' court, on the hearing of a complaint for the enforcement, revocation, revival, variation or discharge of an English maintenance order, may order that interest of an amount calculated at the prescribed rate shall be paid on so much of the sum due under the order as they may determine.
(2) In subsection (1) above “the prescribed rate” means such rate of interest as the Secretary of State may by order prescribe.
(3) An order under this section may make provision for the manner in which and the periods by reference to which interest is to be calculated.
(4) Where, by virtue of subsection (1) above, a magistrates' court orders the payment of interest on any sum due under a maintenance order—
(a) then if it orders that the whole or any part of the interest be paid by instalments that order shall be regarded as an instalments order for the purposes of section 95 below and that section shall accordingly apply in relation to it; and
(b) the whole of the interest shall be enforceable as a sum adjudged to be paid by the maintenance order.
(5) In this section—
“English maintenance order” means—
(a) a qualifying maintenance order made by a magistrates' court, other than an order made by virtue of Part II of the [1972 c. 18.] Maintenance Orders (Reciprocal Enforcement) Act 1972; or
(b) an order made by the High Court or a county court (other than an order deemed to be made by the High Court by virtue of section 1(2) of the [1958 c. 39.] Maintenance Orders Act 1958) and registered under Part I of that Act of 1958 in a magistrates' court;
“qualifying maintenance order” has the same meaning as it has in section 59 above.
(6) The power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument made with the concurrence of the Treasury and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
(1) In section 24A of the [1986 c. 50.] Social Security Act 1986 (recovery of expenditure on income support: additional amounts and transfer of orders under s.24), after subsection (4) (transfer of right to receive payments under the order to the dependent parent) there shall be inserted the following subsection—
“(4A) In any case where—
(a) notice is given to a magistrates' court under subsection (3) above,
(b) payments under the order are required to be made by any method of payment falling within section 59(6) of the [1980 c. 43.] Magistrates' Courts Act 1980 (standing order, etc.), and
(c) the clerk to the justices for the petty sessions area for which the court is acting decides that payment by that method is no longer possible,
the clerk shall amend the order to provide that payments under the order shall be made by the liable parent to the clerk.”
(2) After subsection (7) of that section (transfer back of right to receive payments under the order to the Secretary of State) there shall be inserted the following subsections—
“(7A) Subject to subsections (7B) and (7C) below, in any case where—
(a) notice is given to a magistrates' court under subsection (7) above, and
(b) the method of payment under the order which subsists immediately before the day on which the transfer under subsection (7) above takes effect differs from the method of payment which subsisted immediately before the day on which the transfer under subsection (3) above (or, if there has been more than one such transfer, the last such transfer) took effect,
the clerk to the justices for the petty sessions area for which the court is acting shall amend the order by reinstating the method of payment under the order which subsisted immediately before the day on which the transfer under subsection (3) above (or, as the case may be, the last such transfer) took effect.
(7B) The clerk shall not amend the order under subsection (7A) above if the Secretary of State gives notice in writing to the clerk, on or before the day on which the notice under subsection (7) above is given, that the method of payment under the order which subsists immediately before the day on which the transfer under subsection (7) above takes effect is to continue.
(7C) In any case where—
(a) notice is given to a magistrates' court under subsection (7) above,
(b) the method of payment under the order which subsisted immediately before the day on which the transfer under subsection (3) above (or, if there has been more than one such transfer, the last such transfer) took effect was any method of payment falling within section 59(6) of the [1980 c. 43.] Magistrates' Courts Act 1980 (standing order, etc.), and
(c) the clerk decides that payment by that method is no longer possible,
the clerk shall amend the order to provide that payments under the order shall be made by the liable parent to the clerk.”
Schedule 1 to this Act, which by amending certain enactments applies some of the preceding provisions of this Act with modifications to maintenance orders registered in or confirmed by magistrates' courts or registered in the High Court, shall have effect.
(1) Schedule 2 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act, shall have effect.
(2) The enactments specified in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
(1) This Act may be cited as the Maintenance Enforcement Act 1991.
(2) The provisions of this Act, other than this section (which comes into force on the passing of this Act), shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions or for different purposes of the same provision.
(3) In the application of any amendment made by this Act which has effect in relation to orders made, confirmed or registered by a court, it is immaterial whether the making, confirmation or registration occurred before or after the coming into force of the amendment.
(4) Except for paragraphs 3 to 6 of Schedule 1, section 10 (in so far as it relates to those paragraphs) and this section, which extend to Scotland and Northern Ireland, this Act extends to England and Wales only.
Maintenance Enforcement Act 1991