Maintenance Orders
(Enforcement) (Amendment No. 2)
(Jersey) Law 2007
A LAW to amend further the
Maintenance Orders (Enforcement) (Jersey) Law 1999.
Adopted by the
States 26th October 2006
Sanctioned by
Order of Her Majesty in Council 21st March 2007
Registered by the
Royal Court 30th
March 2007
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
In this Law, “principal Law” means
the Maintenance Orders (Enforcement) (Jersey) Law 1999[1].
2 Article
1 amended
In Article 1 of the principal Law –
(a) after
the definition “maintenance order” there shall be inserted the
following definitions –
“ ‘payer’
means, in relation to a maintenance order, the person liable to make payments
under the order;
‘recipient’
means, in relation to a maintenance order, the person for whose benefit the
order is made;”;
(b) for
the definition “wages” there shall be substituted the following
definition –
“ ‘wages’
has the same meaning as in the Employment (Jersey) Law 2003[2] save that it shall include
pensions contributions paid by the employer and any other ancillary
non-monetary benefits.”.
3 Article 2 amended
In paragraph (1) of Article 2 of the principal Law –
(a) for
the words “a person (hereafter referred to as the
‘payer’)” there shall be substituted the words “the
payer”;
(b) for
the words “the person for
whose benefit that order was made (hereafter referred to as the
‘recipient’)” there shall be substituted the words “the
recipient”.
4 Article 2A inserted
After Article 2 of the principal Law there shall be inserted the
following Article –
“2A Order
for arrest of wages attaching to maintenance order
(1) The Royal Court or the Petty Debts Court, as
the case may be, when making a maintenance order or at any time after that, may
on the application of the recipient or of its own motion authorize an arrest to
be made on the wages of the payer.
(2) The Court shall not authorize an arrest
under paragraph (1) –
(a) on the application of the recipient, unless
it has given the payer an opportunity to be heard; or
(b) of its own motion, unless it has given the
parties an opportunity to be heard.
(3) The Court shall not authorize an arrest
under paragraph (1) unless it has had regard to the means of the payer.
(4) An arrest under paragraph (1) may not
exceed one half of the wages of the payer.
(5) Paragraph (4) shall not affect the
discretion of the Court under Article 2(5) to make an order for an arrest
of wages in such amount as the Court thinks just.”.
5 Citation and commencement
This Law may be cited as the Maintenance Orders (Enforcement)
(Amendment No. 2) (Jersey) Law 2007 and shall come into force on the
seventh day following its registration.
a.h. harris
Deputy Greffier of the States