Maintenance Orders Act 1950
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Change 1
21 Discharge and variation of maintenance orders registered in superior courts.
(1) The registration of a maintenance order in a superior court under this Part of this Act shall not confer on that court any power to vary or discharge the order, or affect any jurisdiction of the court in which the order was made to vary or discharge the order. (2) Where a maintenance order made in Scotland is for the time being (a) registered under this Part of this Act in a superior court and not registered under Part I of the Maintenance Orders Act 1958 or under section 36 of the Civil Jurisdiction and Judgments Act 1982, or (b) registerd in a court in England under that Part of that Act of 1958by virtue of section 1(2) of that Act of 1958, (c) registered in a court in Northern Ireland under section 36 of the Civil Jurisdiction and Judgments Act 1982 the person liable to make payments under the order may, upon application made to that court in the prescribed manner, adduce before that court any evidence upon which he would be entitled to rely in any proceedings brought before the court by which the order was made for the variation or discharge of the order. (3) A court before which evidence is adduced in accordance with the foregoing subsection shall cause a transcript or summary of that evidence, signed by the deponent, to be sent to the prescribed officer of the court by which the order was made; and in any proceedings before the last-mentioned court for the variation or discharge of the order, the transcript or summary shall be evidence of the facts stated therein.
21 Discharge and variation of maintenance orders registered in superior courts.
(1) The registration of a maintenance order in a superior court under this Part of this Act shall not confer on that court any power to vary or discharge the order, or affect any jurisdiction of the court in which the order was made to vary or discharge the order. (2) Where a maintenance order made in Scotland is for the time being (a) registered under this Part of this Act in a superior court and not registered under Part I of the Maintenance Orders Act 1958 or under section 36 of the Civil Jurisdiction and Judgments Act 1982, or (b) registerd in a court in England under that Part of that Act of 1958by virtue of section 1(2) of that Act of 1958, (c) registered in a court in Northern Ireland under section 36 of the Civil Jurisdiction and Judgments Act 1982 the person liable to make payments under the order may, upon application made to that court in the prescribed manner, adduce before that court any evidence upon which he would be entitled to rely in any proceedings brought before the court by which the order was made for the variation or discharge of the order. (3) A court before which evidence is adduced in accordance with the foregoing subsection shall cause a transcript or summary of that evidence, signed by the deponent, to be sent to the prescribed officer of the court by which the order was made; and in any proceedings before the last-mentioned court for the variation or discharge of the order, the transcript or summary shall be evidence of the facts stated therein.
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