Page:Magistrates’ Courts Act 1980.pdf/46

38c. 43

has remedied his default shall not by virtue of this section be ordered to pay more than £1,000 or be committed for more than 2 months in all for doing or abstaining from doing the same thing contrary to the order (without prejudice to the operation of this section in relation to any subsequent default).

(4) Any sum ordered to be paid under subsection (3) above shall for the purposes of this Act be treated as adjudged to be paid by a conviction of a magistrates’ court.

(5) The preceding provisions of this section shall not apply to any order for the enforcement of which provision is made by any other enactment. Costs

64.—(1) On the hearing of a complaint, a magistrates’ court shall have power in its discretion to make such order as to costs—
 * (a) on making the order for which the complaint is made, to be paid by the defendant to the complainant;
 * (b) on dismissing the complaint, to be paid by the complainant to the defendant,

as it thinks just and reasonable; but if the complaint is for an order for the periodical payment of money, or for the revocation, revival or variation of such an order, or for the enforcement of such an order, the court may, whatever adjudication it makes, order either party to pay the whole or any part of the other’s costs.

(2) The amount of any sum ordered to be paid under subsection (1) above shall be specified in the order, or order of dismissal, as the case may be.

(3) Subject to subsection (4) below, costs ordered to be paid under this section shall be enforceable as a civil debt.

(4) Any costs awarded on a complaint for an affiliation order or order enforceable as an affiliation order, or for the enforcement, variation, revocation, discharge or revival of such an order, against the person liable to make payments under the order shall be enforceable as a sum ordered to be paid by an affiliation order.

(5) The preceding provisions of this section shall have effect subject to any other Act enabling a magistrates’ court to order a successful party to pay the other party’s costs. Domestic proceedings

65.—(1) In this Act "domestic proceedings means proceedings under any of the following enactments, that is to say—
 * (a) the Maintenance Orders (Facilities for Enforcement) Act 1920;