Children Act 1975
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Change 1
46 Procedure in magistrates’ courts.
(1) It is hereby declared that any jurisdiction conferred on a magistrates’ court by virtue of this Part is exercisable notwithstanding that the proceedings are brought by or against a person residing outside England and Wales. (2) A magistrates’ court may, subject to subsection (3), proceed on an application for an order under this Part notwithstanding that the defendant has not been served with the summons, and rules may prescribe matters as to which the court is to be satisfied before proceeding in such a case. (3) A magistrates’ court shall not— (a) make an order under this Part requiring a person to make periodical payments or pay a lump sum towards the maintenance of a child, or (b) vary an order under this Part so as to increase a person’s liability to make periodical payments towards the maintenance of a child, unless the person has been served with the summons. (4) Rules may make provision as to the persons who are to be made defendants to a complaint for an order under this Part and where there are two or more defendants to such a complaint the power of the court under section 64(1) of the Magistrates’ Courts Act 1980 (power to award costs etc.) shall be deemed to include power, whatever adjudication the court makes, to order any of the parties to pay the whole or part of the costs of all or any of the parties. (5) In this section, “rules” means rules made under section 15 of the Justices of the Peace Act 1949.
46 Procedure in magistrates’ courts.
(1) It is hereby declared that any jurisdiction conferred on a magistrates’ court by virtue of this Part is exercisable notwithstanding that the proceedings are brought by or against a person residing outside England and Wales. (2) A magistrates’ court may, subject to subsection (3), proceed on an application for an order under this Part notwithstanding that the defendant has not been served with the summons, and rules may prescribe matters as to which the court is to be satisfied before proceeding in such a case. (3) A magistrates’ court shall not— (a) make an order under this Part requiring a person to make periodical payments or pay a lump sum towards the maintenance of a child, or (b) vary an order under this Part so as to increase a person’s liability to make periodical payments towards the maintenance of a child, unless the person has been served with the summons. (4) Rules may make provision as to the persons who are to be made defendants to a complaint for an order under this Part and where there are two or more defendants to such a complaint the power of the court under section 64(1) of the Magistrates’ Courts Act 1980 (power to award costs etc.) shall be deemed to include power, whatever adjudication the court makes, to order any of the parties to pay the whole or part of the costs of all or any of the parties. (5) In this section, “rules” means rules made under section 15 of the Justices of the Peace Act 1949.
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