After Clause 27, insert the following new clause:
§ Restriction on enforcement in High Court or county court of certain orders of magistrates' courts
At the end of section 13 of the Matrimonial Proceedings (Magistrates' Courts) Act 1960 there shall be added the following subsections:—
'(5) A person shall not be entitled to enforce through the High Court or any county court the payment of any arrears due under an order made by virtue of this Act without the leave of that court if those arrears became due more than twelve months before proceedings to enforce the payments of them are begun.
(6) The court hearing an application for the grant of leave under subsection (5) of this section may refuse leave, or may grant leave subject to such rectrictions and conditions (including conditions as to the allowing of time for payment or the making of payments by instalments) as that court thinks proper, or may remit the payment of such arrears or any part thereof.
(7) An application for the grant of leave under the said subsection (5) shall be made in such manner as may be prescribed by rules of court'.
§ THE LORD CHANCELLOR
My Lords, I beg to move that this House doth agree with the Commons in then-Amendment No. 23. This Amendment extends to maintenance orders made by a magistrates' court and sought to be enforced through the High Court for a county court the same restrictions on the recovery of stale arrears as is imposed by Clause 10 on the recovery of stale arrears under an order made by the Divorce Court.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(The Lord Chancellor.)
§ On Question, Motion agreed to.