Prohibition of committal more than once in respect of same arrears.
Where a defendant has been imprisoned or otherwise detained under an order or warrant of commitment issued in respect of his failure to pay a sum due under a maintenance order, then, notwithstanding anything in this Act, no such order or warrant (other than a warrant of which the issue has been postponed under paragraph (ii) of subsection (5) of the next following section) shall thereafter be issued in respect of that sum or any part thereof.
Powers of magistrates to review committals, etc.
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Revocation and variation of Orders in Council under 10 & 11 Geo. 5. c. 33, s. 12.
Her Majesty may by Order in Council revoke or vary any Order in Council made under section twelve of the Maintenance Orders (Facilities for Enforcement) Act, 1920 (which provides for the extension of that Act by Order in Council to certain oversea territories), and an Order under this section may contain such incidental, consequential and transitional provisions as Her Majesty considers expedient for the purposes of that Act.
Repeat applications to enforce payment of maintenance arrears
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) It is hereby declared that a magistrates’ court has jurisdiction to hear a complaint by or against a person residing outside England for the discharge or variation of an attachment of earnings order made by a magistrates’ court; and where such a complaint is made against a person residing outside England, then—
(a) if he resides in Scotland or Northern Ireland, section fifteen of the Maintenance Orders Act, 1950 (which relates to the service of process on persons residing in those countries) shall have effect in relation to the complaint as it has effect in relation to the proceedings therein mentioned; and
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4),(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) For the avoidance of doubt it is hereby declared that an application may be made to enforce payment of a sum due and unpaid under a maintenance order notwithstanding that a previous application has been made in respect of that sum or a part thereof and whether or not an order was made in pursuance of the previous application .
Interpretation, etc.
(1) In this Act, unless the context otherwise requires, the following expressions have the following meanings—
...
. . .
“ 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;
“ proper officer ”, in relation to a magistrates’ court, means the clerk of the court;
...
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Any reference in this Act to any enactment is a reference to that enactment as amended by or under any subsequent enactment.
Short title, extent, commencement and repeals.
(1) This Act may be cited as the Maintenance Orders Act, 1958.
(2) The following provisions of this Act, namely—
section 2 section 2A ;
section 5(2), (3), (4) and (4A);
extend to Scotland and Northern Ireland.
(2A) section 20(3)( a ) above extends to Northern Ireland.
(2B) Subject to subsections (2) and (2A) above, this Act extends only to England.
(3) This Act shall come into operation on such date as the Secretary of State may by order, made by statutory instrument, appoint; and different dates may be so appointed for the purposes of different provisions of this Act.
(4) Subsection (2) of section eight of the Guardianship of Infants Act, 1925, and section ten of the Affiliation Proceedings Act, 1957, are hereby repealed; but nothing in this subsection shall affect any order in force or deemed to be in force under either of those provisions at the commencement of this subsection, and any such order may be discharged or varied as if this subsection had not been passed.
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