Maintenance Orders (Enforcement) Act, 1921
- Commenced on 29 November 1921
- [This is the version of this document at 31 December 1996.]
1. Short titleThis Act may be cited as the Maintenance Orders (Enforcement) Act.**The provisions of this Act ceased to apply to the maintenance of children with effect from 28th April 1995.
2. InterpretationIn this Act, unless the context otherwise requires—"certified copy", in relation to an order of a court, means a copy of the order certified by the proper officer of the court to be a true copy;"dependants" means such persons as that person is, according to the law in force where the maintenance order was made, liable to maintain;"maintenance order" means an order, other than an order of affiliation, for the periodical payment of sums of money toward the maintenance of the wife or other dependants of the person against whom the order is made and, in the case of orders made in Ireland, shall include any order or decree for the recovery or repayment of the cost of relief or maintenance made by virtue of the provisions of the Poor Relief (Ireland) Acts, 1839 to 1914, of the United Kingdom.
3. Registration of order made in England or Ireland
4. Transmission to Secretary of State of order made in Zambian courtWhere a court in Zambia has, whether before or after the commencement of this Act, made a maintenance order against any person, and it is proved to that court that the person against whom the order was made is resident in England or Ireland, the court shall send to the President for transmission to a Secretary of State, a certified copy of the order.
5. Provisional order may be made in absentia and procedure thereon
6. Procedure on provisional order made in England or Ireland
7. Enforcement of order
8. RulesThe High Court may, by statutory instrument, make rules—
9. Signature on documents of court officersAny document purporting to be signed by a Judge or officer of a court outside Zambia shall, until the contrary is proved, be deemed to have been so signed without proof of the signature or judicial or official character of the person appearing to have signed it, and the officer of a court by whom a document is signed shall, until the contrary is proved, be deemed to have been the proper officer of the court to sign the document.
10. Depositions may be received in evidenceDepositions taken in a court in England or Ireland for the purposes of this Act may be received in evidence in proceedings before courts in Zambia under this Act.
11. Provision for reciprocity with other Common-wealth countriesWhere the President is satisfied that reciprocal provisions have been made by the legislature of any country within the Commonwealth for the enforcement within such country of maintenance orders made by courts in Zambia, the President may, by statutory Proclamation, extend this Act to such country, and this Act shall thereupon apply in respect of such country as though the references to England or Ireland were references to such country and the references to a Secretary of State were references to the Governor or other appropriate authority of such country.[No. 39 of 1929 as amended by No. 13 of 1954]
History of this document
31 December 1996 this version
29 November 1921