Parliamentary Bills
| Published date | 01 April 1958 |
| DOI | 10.1177/002201835802200208 |
| Date | 01 April 1958 |
| Subject Matter | Article |
Parliamen
tary
Bills
AParliamentary Bill does not always reach the Statute Book. Bills are
frequently amended before becoming Acts of Parliament.
This
section
should be read accordingly.
MAINTENANCE ORDERS
BILL
TH IS Bill is in two parts. Part I deals with the registration of
High
Court
or County
Court
maintenance orders in a
magistrates' court
and
maintenance orders made by a magis-
trates' court in the
High
Court. An order, when registered, is
enforceable in the same way as an order made by the court of
registration. An order registered in a magistrates' court may
be varied as to
amount
by the magistrates' court so as
not
to
exceed the
amount
at which it was made or last varied or
£5
for a party to a marriage or 30s. for a child, whichever is
the
higher.
Aperson entitled to receive payments
under
a
High
Court
or
County
Court
Order
may apply to
the
original court for
registration
and
the original court has a discretionary power to
grant the application.
The
grant of the application prevents
proceedings for enforcement being commenced
and
if the
original
Court
is satisfied within aprescribed period
that
no
such proceedings remain pending it sends acertified copy of
the
order to
the
Magistrates'
Court
acting for
the
area where
the
defendant lives.
If
the original Court is
not
satisfied
that
no proceedings are pending
the
grantofthe application becomes
void.
If
aperson entitled to receive payments
under
amagis-
trates' court order applies to have
the
order registered in the
High
Court
the application
must
be granted as of course.
The
grant of the application prevents proceedings for enforcement
being begun, prevents
the
issue of a warrant or other process
and
any commitment warrant already issued ceases to have
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