HC Deb 03 July 1958 vol 590 cc1689-90

Lords Amendment: In page 4, line 29, after "order" insert: (other than jurisdiction in a case where a party to the order is not present in England when the application for variation is made)

Mr. Renton

I beg to move, That this House doth agree with the Lords in the said Amendment.

It might be convenient to take this with the next Amendment, in page 5, line 17.

In general, a magistrates' court has no jurisdiction to hear a complaint where one of the parties resides outside England and Wales. In the High Court, however, there is no such limitation, since it is possible to effect substituted service, which is a term of art relating to High Court procedure, and that can be effected outside England and Wales and the proceedings can then be based on such service.

It might be convenient if I mentioned that it is really best for us when considering the Lords Amendments to refer to the Bill as it was when it left this House. If we consider the Bill as amended by the House of Lords it is very difficult to understand the Lords Amendments. Therefore, all references that I make to the Bill will be to the Bill as it left this House.

In Clause 4 (2, a) of the Bill, as it left this House, the magistrates' court is enabled to exercise the same jurisdiction to vary a rate of payment specified by a High Court maintenance order registered in a magistrates' court as would be exercisable by the High Court. That provision is intended to secure that the power to vary given to the magistrates' court is exercised on the same principles as those followed by the High Court. But we do not feel that we can go so far as to say that the magistrates' court should also have the same kind of territorial jurisdiction as the High Court has by virtue of substituted service, because substituted service is not a thing that has ever been known to a magistrates' court.

We avoid that by these Amendments, which, in effect, limit the magistrates' court's jurisdiction under Clause 4 (2) to those cases where the parties are present in England and Wales, where application to vary is made, and ensure that power to vary remains exercisable by the High Court.

Question put and agreed to.

Further Lords Amendment agreed to: In page 5, line 17, at end insert: ; or (b) at a time when a party to the order is not present in England".