Orders for Periodical Payment in Magistrates' Courts: Means of Payment

Maintenance Enforcement Bill [Loads] – in the House of Commons at 8:45 pm on 7 May 1991.

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Photo of Mr John Patten Mr John Patten , Oxford West and Abingdon

I beg to move amendment No. 1, in page 4, line 1, leave out `subsection (1)(a) above' and insert 'this section'.

Photo of Mr Paul Dean Mr Paul Dean , Woodspring

With this, it will be convenient to consider Government amendment No. 2.

Photo of Mr John Patten Mr John Patten , Oxford West and Abingdon

This is a minor consequential amendment to clause 2. It is required because clause 59(7A), introduced as an amendment to the Bill this evening, contains a reference to a qualifying maintenance order. Because that phrase is used in clause 59(7A), it follows that the definition of that phrase which is given in clause 59(2) needs to be applied to the whole clause, not just to clause 59(1)(a).

Amendment agreed to.

Amendment made: No. 2, in page 5, line 16, at end insert—

  • '(7A) The Secretary of State may by regulations confer on magistrates' courts, in addition to their powers under paragraphs (a) to (d) of subsection (3) above, the power (the "additional power") to order that payments under a qualifying maintenance order be made by the debtor to the creditor or the clerk of a magistrates' court (as the regulations may provide) by such method of payment as may be specified in the regulations.
  • (7B) Any reference in any enactment to paragraphs (a) to (d) of subsection (3) above (but not a reference to any specific paragraph of that subsection) shall be taken to include a reference to the additional power, and the reference in subsection (7C) below to the additional power shall be construed accordingly.
  • (7C) Regulations under subsection (7A) above may make provision for any enactment concerning, or connected with, payments under maintenance orders to apply, with or without modifications, in relation to the additional power.
  • (7D) The power of the Secretary of State to make regulations under subsection (7A) above shall be exercisable by statutory instrument and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.—[Mr. John Patten.]

Photo of Mr John Patten Mr John Patten , Oxford West and Abingdon 9:01, 7 May 1991

I beg to move, That the Bill be now read the Third time.

This Bill has had all-party support and deserves the support of the whole House.

Question put and agreed to.

Bill read the Third time, and passed, with amendments.