CHAPTER 55
MAINTENANCE ORDERS ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
REGISTRATION, ENFORCEMENT AND VARIATION OF CERTAIN MAINTENANCE ORDERS

   3.   Application of Part II

   4.   Registration of orders

   5.   Enforcement of registered orders

   6.   Variation of orders registered in subordinate courts

   7.   Cancellation of registration

PART III
ATTACHMENT OF EARNINGS ORDERS

   8.   Powers of courts to make orders attaching earnings of defaulters under maintenance orders

   9.   Powers of courts to make attachment of earnings orders in proceedings under other Acts

   10.   Restriction of issue of orders, etc., of commitment on making of attachment of earnings orders

   11.   Variation and discharge, etc., of attachment of earnings orders

   12.   Liabilities of persons to whom attachment of earnings orders are directed

   13.   Powers of courts to obtain statements of earnings, etc.

   14.   Powers of courts to determine whether payments are earnings

   15.   Miscellaneous provisions as to payments under attachment of earnings orders

   16.   Application to earnings paid by the Government, etc.

   17.   Offences

PART IV
MISCELLANEOUS AND SUPPLEMENTAL

   18.   Special provisions for subordinate courts

   19.   Rules

      SCHEDULE

AN ACT

to make provision for the registration in the High Court or a subordinate court of certain maintenance orders made by the order of those courts; to provide for the enforcement and variation of registered orders; to provide for the attachment of sums falling to be paid by way of wages, salary or other earnings or by way of pension for the purpose of enforcing certain maintenance orders; and to provide for matters incidental to or connected with the foregoing.

[26th August, 1960]

Act 39 of 1960,

Act 13 of 1994,

GN 497 of 1964,

SI 72 of 1964.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Maintenance Orders ActThe provisions of this Act ceased with effect from 28th April, 1995, to apply to the maintenance of children. (See section 43 of Cap. 64)')">1

2.   Interpretation

   (1) In this Act, unless the context otherwise requires—

“affiliation order” means an order made under section 4 of the Bastardy Laws Amendment Act, 1872, of the United Kingdom, adjudging a man to be the putative father of a bastard child and ordering him to pay a sum of money weekly or otherwise to the mother of a bastard child or to any other person who is named in the order;

“attachment of earnings order” has the meaning assigned to it by sub-section (1) of section 8;

“defendant”, in relation to a maintenance order or a related attachment of earnings order, means the person liable to make payments under the maintenance order;

“earnings”, in relation to a defendant, means any sums (other than excepted sums) payable to him—

      (a)   by way of wages or salary (including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary by the person paying the wages or salary or payable under a contract of service);

      (b)   by way of pension (including an annuity in respect of past services, whether or not the services were rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss, abolition or relinquishment, or any diminution in the emoluments, of any office or employment);

“employer” means a person by whom, as a principal and not as a servant or agent, earnings fall to be paid to a defendant, and reference to payment of earnings shall be construed accordingly;

“excepted sums” means—

      (a)   sums payable by any public department of the government of any country outside Zambia; and

      (b)   pension or allowances payable to the defendant in respect of his disablement or disability;

“magistrate's court” means a subordinate court presided over by a senior resident magistrate and a subordinate court presided over by a resident magistrate;

“maintenance order” means—

      (a)   an order for alimony, maintenance or other payments made or deemed to be made by a court in Zambia under any of the following enactments, that is to say—

      (i)   sections 19 to 27 of the Matrimonial Causes Act, 1950, of the United Kingdom;

      (ii)   the Summary Jurisdiction (Separation and Maintenance) Acts, 1895 to 1925, of the United Kingdom;

      (iii)   section 11 of the Matrimonial Causes Act, 1937, of the United Kingdom; or

      (iv)   section 3 or 4 of the Bastardy Laws Amendment Act, 1872, of the United Kingdom;

      (b)   an order registered in a court under the Maintenance Orders (Enforcement) Act or confirmed by a court under that Act;

and includes any such order which has been discharged if any arrears are recoverable thereunder;

“prescribed” means prescribed by rules of court;

“proper officer”, in relation to the High Court, has the meaning assigned from time to time to the expression by rules of the High Court; and in relation to a subordinate court means the clerk of the court.

   (2) Any reference in this Act to a person entitled to receive payments under a maintenance order is a reference to a person entitled to receive such payments either directly or through another person or for transmission to another person.

   (3) Any reference in this Act to proceedings relating to an order includes a reference to proceedings in which the order may be made.

   (4) Any reference in this Act to costs incurred in proceedings relating to a maintenance order shall be construed in the case of a maintenance order made by the High Court as a reference to such costs as are included in an order for costs relating solely to that maintenance order.

PART II
REGISTRATION, ENFORCEMENT AND VARIATION OF CERTAIN MAINTENANCE ORDERS

3.   Application of Part II

   (1) The provisions of this Part shall have effect for the purpose of enabling maintenance orders to which this Part applies to be registered—

      (a)   in the case of an order made by the High Court, in a magistrate's ; and

      (b)   in the case of an order made by a subordinate court, in the High Court or in any other subordinate court;

and, subject to those provisions, while so registered—

      (i)   to be enforced in like manner as an order made by the court of registration; and

      (ii)   in the case of an order registered in a magistrate's court, to be varied by such court.

   (2) This Part applies to maintenance orders made by the High Court or a subordinate court.

   (3) Without prejudice to the provisions of section 2, in this Part, unless the context otherwise requires, the following expressions have the following meanings—

“High Court order” and “subordinate court order” mean an order made by the High Court or a subordinate court, as the case may be;

“order” means a maintenance order to which this Part applies;

“original court” and “court of registration”, in relation to an order, mean the court by which the order was made or, as the case may be, the court in which the order is registered;

“registered” means registered in accordance with the provisions of this Part, and “registration” shall be construed accordingly;

and, for the purposes of this Part, an order for the payment by the defendant of any costs incurred in proceedings relating to a maintenance order, being an order for the payment of costs made while the maintenance order is not registered, shall be deemed to form part of that maintenance order.

4.   Registration of orders

   (1) A person entitled to receive payments under a High Court order may apply for the registration of the order to the original court, and the court may, if it thinks fit, grant the application.

   (2) Where an application for the registration of such an order is granted—

      (a)   no proceedings shall be begun, and no writ, warrant or other process shall be issued, for the enforcement of the order before the registration of the order or the expiration of the prescribed period from the grant of the application, whichever first occurs; and

      (b)   the original court shall, on being satisfied within the period aforesaid by the person who made the application that no such proceedings or process begun or issued before the grant of the application remain pending or in force, cause a certified copy of the order to be sent to the clerk of a subordinate court within whose area of jurisdiction the defendant appears to be;

but if at the expiration of the period aforesaid the original court has not been so satisfied, the grant of the application shall become void.

   (3) A person entitled to receive payments under a subordinate court order who considers that the order could be more effectively enforced if it were registered may apply for the registration of the order to the original court, and the court shall grant the application on being satisfied in the prescribed manner that, at the time when the application was made, an amount equal to not less, in the case of an order for weekly payments, than four or, in any other case, than two of the payments required by the order was due thereunder and unpaid.

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