§ [No. 43]
§ After Clause 42, insert the following new clause:
§ Variation in rate of payments in maintenance order registered in magistrates' court
§ ".—(1) Section 4 of the Maintenance Orders Act 1958 (which enables the rate of payments in a maintenance order registered in a magistrates' court under that Act to be varied by the court of registration) shall be amended in accordance with this section.
§ (2) Subsection (3) of that section (rate of payments not to be varied upwards) shall cease to have effect in relation to any maintenance order as defined by section 24(1) of this Act, whether made or registered before or after the coming into force of this section.
§ (3) In subsection (4) of that section (power of magistrates' court, on application for variation, to remit to the court which made the 1029 order), for the words "that, by reason of the limitations imposed on the court's jurisdiction by the last foregoing subsection or for any other reason, it is" there shall be substituted the words "that it is for any reason"."
§ THE LORD CHANCELLORMy Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 43, and I would also speak to Amendments Nos. 64 to 67. Part I of the Maintenance Orders Act 1958, among other things enables a maintenance order made by the High Court or a county court to be registered in a magistrates' court for enforcement. At present, a magistrates' court has only limited power to vary the rate of payments under a registered order. These Amendments are intended to remove the restriction on the magistrates' powers by allowing upward variation of the rate of payments. Amendments 64 to 67 are consequent Amendments to Schedule 11. I beg to move.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(The Lord Chancellor.)
§ On Question, Motion agreed to.