Maintenance Act, 1994
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Amendment of section 6 of Act of 1988. |
10.—The following provisions are hereby substituted for section 6 of the Act of 1988: | |
“6.—(1) Subject to section 8 (4) of this Act and to the restriction on enforcement contained in Article 39— | ||
(a) a judgment, other than a maintenance order, in respect of which an enforcement order has been made shall, to the extent to which the enforcement of the judgment is authorised by the enforcement order, be of the same force and effect, and | ||
(b) for or as respects the enforcement of the judgment, the High Court shall have the same powers, and proceedings may be taken, | ||
as if the judgment was a judgment of the High Court. | ||
(2) (a) The Master of the High Court (or, in the case of an instrument or settlement referred to in Article 50 or 51, the High Court) may, on application in that behalf by the maintenance creditor, by order declare that— | ||
(i) sums which were payable under an enforceable maintenance order, which provides for periodical payments, but were not paid before the date of the making of the relevant enforcement order, or | ||
(ii) a lump sum (not being a sum mentioned in subparagraph (i) of this paragraph) which is payable under the enforceable maintenance order, | ||
shall be regarded as being payable under a judgment referred to in subsection (1). | ||
(b) A declaration shall not be made under paragraph (a) unless the Master or the High Court considers that by so doing the enforceable maintenance order concerned would be more effectively enforced as respects the sums concerned. | ||
(c) Whenever the Master or the High Court makes a declaration under paragraph (a), the sums to which it relates shall be deemed, for the purposes of this Act, to be payable under a judgment referred to in subsection (1) and not otherwise. | ||
(3) A maintenance order shall be regarded as a judgment referred to in subsection (1) if the District Court does not have jurisdiction to enforce the order under section 7 (6) of this Act. | ||
(4) In subsection (1), ‘judgment’ includes an instrument or settlement referred to in Article 50 or 51, other than an instrument or settlement relating to maintenance.”. |