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280
Enforcement of maintenance and affiliation orders by deduction from pay
9 & 10 Eliz. 2, Ch 52. ; S.I. 1964 No. 488. ; 1970 c. 31. ; 1971 c. 33. ; 1991 c. 62.
150.
1
- (1) Where any court in the United Kingdom
2
has made an order
3
against any person
(hereinafter referred to as "the defendant") for the payment of any periodical or other sum specified
in the order for or in respect of -
(a)
the maintenance of his wife
4
; or
(aa) the maintenance of any child of his or his wife or of any other child who has been
treated by them both as a child of their family;
5
or
(b)
any costs incurred in obtaining the order; or
(c)
any costs incurred in proceedings on appeal against, or for the variation, revocation
or revival of, any such order,
(d) [Repealed by 1971 c. 33.]
and the defendant is an officer, warrant officer, non-commissioned officer or soldier of the
regular forces,
6
then (whether or not he was a member of those forces when the said order was
made) the Defence Council or an officer authorised by them
7
may order such sum to be deducted
8
from the pay
9
of the defendant and appropriated in or towards satisfaction of the payment due
under the order of the court as the Defence Council or officer think fit.
10
1991 c. 62.
(1A) Without prejudice to any enactment or rule of law relating to adoption or legitimation, in
subsection (1)(aa) above any reference to a child of the defendant or his wife shall be construed
without regard to whether or not the father and mother of the child have or had been married to
each other at any time.
S.I. 1964 No. 488.
(2) Where to the knowledge of the court making any such order as aforesaid, or an order
varying, revoking or reviving any such order, the defendant is an officer, warrant officer, non-
1
(a) For general observations see notes to Part III.
(b) The s. does not apply to the R.M., see Sch. 7, para. 19, who are covered by the Naval Forces
(Enforcement of Maintenance Liabilities) Act 1947.
(c) As to service of proceedings, see s. 153.
(d) The s. is permissive.
(e) Any order requiring action will, in the case of an officer, be sent to the Ministry of Defence (P.S.
4(d) (Army)) and, in the case of a soldier to the Regimental Paymaster concerned; see also note 6.
2
(a) United Kingdom in this section includes the Channel Islands and the Isle of Man, see s. 216(2),
but see also in the case of the Isle of Man, s. 216(4).
(b) as to orders made by courts in Her Majesty's dominions outside the United Kingdom, see s-s. (3).
3
See s-s. (5) as to explanation of these terms.
4
(a) Husband in the case of women members of the regular forces, see s. 213(c).
(b) See also s-s. (5) as to explanation of this term.
5
See s-s. (1A).
6
Regular forces, see note 4 to s. 144.
7
In the Designation of Officers (Army) Regulations 1995 (D.C.I. (Army) 100 of 1995), the Defence
Council authorised the following:
(1)
in respect of officers -
(a) the Chief of Staff Headquarters Adjutant General (Personnel and Training Command); or
(b) the Director of Personal Services (Army);
(2)
in respect of warrant officers, non-commissioned officers and soldiers -
(a) the Chief of Staff Headquarters Adjutant General (Personnel and Training Command); or
(b) the Director of Personal Services (Army); or
(c) any officer not below the rank of lieutenant colonel who is serving at the Ministry of Defence under
the Director of Personal Services (Army); or
(d) the appropriate Regimental Paymaster.
8
For the maximum rate of deduction see s. 152.
9
(a) Including any sum due to him (see s. 144(7)) and within the limits referred to in s. 152.
(b) The Defence Council or authorised officer have a discretion and they are not bound to make an
order.
10
See also s-s. (4), which provides for variation or revocation of an order.
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281
commissioned officer or soldier of the regular forces the court shall send a copy of the order to the
Defence Council or an officer authorised by them.
1
9 & 10 Eliz. 2, ; Ch. 52. ; S.I. 1964 No. 488.
(3) Where such an order as is mentioned in subsection (1) of this section has been made by a
court in Her Majesty's dominions
2
outside the United Kingdom, and the Defence Council or an
officer authorised by them are satisfied that the defendant has had a reasonable opportunity of
appearing in person, or has appeared by a duly authorised legal representative, to defend the case
before the court by which the order was made, the Defence Council or officer shall have the like
power under subsection (1) of this section as if the order had been made by such a court as is
mentioned in that subsection:
3
Provided that this subsection shall not apply to an order adjudging a man to be the father of an
illegitimate child, and ordering him to pay a sum of money for or in respect of the maintenance of
that child or any order varying or reviving such an order, or any order for the payment of costs
incurred in obtaining such an order in proceedings on appeal against, or for the variation,
revocation or revival of, such an order.
S.I. 1964 No. 488.
(4) The Defence Council or an officer authorised by them
4
may by order vary or revoke any
order previously made under this section, and may treat any order made under this section as being
in suspense at any time while the person against whom the order was made is absent as mentioned
in paragraph (a) of subsection (1) of section one hundred and forty-five of this Act.
5
9 & 10 ; Eliz. 2, ; Ch. 52. ; 1972 c. 18 . ; 1975 c. 72 . ; 1982 c. 27 .
(5) In this section -
references to an order made by a court in the United Kingdom include references to an order
registered in or confirmed by such a court under the provisions of the Maintenance Orders
(Facilities for Enforcement) Act, 1920,
6
and to an order registered in such a court under Part I of
1
In the Designation of Officers (Army) Regulations 1995 (D.C.I. (Army) 100 of 1995), the Defence
Council authorised the following:
(1)
in respect of officers -
(a) the Chief of Staff Headquarters Adjutant General (Personnel and Training Command); or
(b) the Director of Personal Services (Army);
(2)
in respect of warrant officers, non-commissioned officers and soldiers -
(a) the Chief of Staff Headquarters Adjutant General (Personnel and Training Command); or
(b) the Director of Personal Services (Army); or
(c) any officer not below the rank of lieutenant colonel who is serving at the Ministry of Defence under
the Director of Personal Services (Army); or
(d) the appropriate Regimental Paymaster.
2
This s. does not apply to an order made by a court outside Her Majesty's dominions (unless such
order is registered in or confirmed by a United Kingdom court, see the first para. of s-s (5)) but an
order could be made under s. 151 in such circumstances if the soldier has neglected to maintain his
wife or child as specified in that s.
3
This s. does not apply to an order made by a court outside Her Majesty's dominions (unless such
order is registered in or confirmed by a United Kingdom court, see the first para. of s-s (5)) but an
order could be made under s. 151 in such circumstances if the soldier has neglected to maintain his
wife or child as specified in that s.
4
In the Designation of Officers (Army) Regulations 1995 (D.C.I. (Army) 100 of 1995), the Defence
Council authorised the following:
(1)
in respect of officers -
(a) the Chief of Staff Headquarters Adjutant General (Personnel and Training Command); or
(b) the Director of Personal Services (Army);
(2)
in respect of warrant officers, non-commissioned officers and soldiers -
(a) the Chief of Staff Headquarters Adjutant General (Personnel and Training Command); or
(b) the Director of Personal Services (Army); or
(c) any officer not below the rank of lieutenant colonel who is serving at the Ministry of Defence under
the Director of Personal Services (Army); or
(d) the appropriate Regimental Paymaster.
5
That is absence without leave whether amounting to an offence or not.
6
See, as to Isle of Man, s. 216(4).
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282
the Maintenance Orders (Reciprocal Enforcement) Act 1972 or Part I of the Civil Jurisdiction and
Judgments Act 1982.
references to a wife
1
. . . include, in relation to an order made in proceedings in connection with
the dissolution or annulment of a marriage, references to a person who would have been the wife . .
. of the defendant if the marriage had subsisted;
1991 c. 62.
. . .
1991 c. 62 .
. . .
1987 c. 42 .
1
Husband in the case of women members of the regular forces, see s. 213(c).
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283
Enforcement of maintenance assessment by deductions from pay
150A.
1
- (1) Subsection (2) applies where any officer, warrant officer, non-commissioned
officer or soldier of the regular forces
2
("the liable person") is required to make periodical
payments in respect of any child in accordance with a maintenance assessment
3
made under the
Child Support Act 1991.
S.I. 1993 No. 785
(2) The Defence Council or an officer
4
authorised by them may order such sum to be deducted
5
from the pay
6
of the liable person and appropriated in or towards satisfaction of any obligation of
his -
(a)
to make periodical payments in accordance with the maintenance assessment; or
(b)
to pay interest (by virtue of regulations made under section 41(3) of the Act of 1991)
with respect to arrears of child support maintenance payable in accordance with the
assessment,
as they, or the authorised officer, thinks fit.
7
(3) Where a child support officer -
(a)
makes or cancels a maintenance assessment or a fresh maintenance assessment; and
(b)
has reason to believe that the person against whom the assessment is, or was, made is
an officer, warrant officer, non-commissioned officer or soldier of the regular forces,
the Secretary of State shall inform the Defence Council or an officer authorised by them of the terms of
the assessment or (as the case may be) that it has been cancelled.
(4) This section applies whether or not the liable person was a member of the regular forces
when the maintenance assessment was made.
1
For general observations see notes to Part III printed.
2
Regular forces, see note 4 to s. 144.
3
Any assessment requiring action will, in the case of an officer, be sent to the Ministry of Defence
(P.S. 4(a) (Army)) and, in the case of a soldier to the Regimental Paymaster concerned; see also note 6.
4
In the Designation of Officers (Army) Regulations 1995 (D.C.I. (Army) 100 of 1995), the Defence
Council authorised the following:
(1)
in respect of officers -
(a) the Chief of Staff Headquarters Adjutant General (Personnel and Training Command); or
(b) the Director of Personal Services (Army);
(2)
in respect of warrant officers, non-commissioned officers and soldiers -
(a) the Director of Personal Services (Army); or
(b) any officer not below the rank of lieutenant colonel who is serving at the Ministry of Defence under
the Director of Personal Services (Army); or
(c) the appropriate Regimental Paymaster.
5
For the maximum rate of deduction see s. 152.
6
Including any sum due to him (see s. 144(7)) and within the limits referred to in s. 152.
7
The Defence Council or authorised officer have a discretion and they are not bound to make an order.
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284
Enforcement of maintenance assessment by deductions from pay
S.I.(N.I.) 1993 No. 157
150AA.
1
- (1) Subsection (2) applies where any officer, warrant officer, non-commissioned
officer or soldier of the regular forces ("the liable person") is required to make periodical payments
in respect of any child in accordance with a maintenance assessment made under the Child Support
(Northern Ireland) Order 1991.
(2) The Defence Council or an officer authorised by them
2
may order such sum to be deducted
from the pay of the liable person and appropriated in or towards satisfaction of any obligation of
his -
(a)
to make periodical payments in accordance with the maintenance assessment; or
(b)
to pay interest (by virtue of regulations made under Article 38(3) of the Order of
1991) with respect to arrears of child support maintenance payable in accordance
with the assessment,
as they, or the authorised officer, thinks fit.
(3) Where a child support officer -
(a)
makes or cancels a maintenance assessment or a fresh maintenance assessment; and
(b)
has reason to believe that the person against whom the assessment is, or was, made is
an officer, warrant officer, non-commissioned officer or soldier of the regular forces,
the Department of Health and Social Services for Northern Ireland shall inform the Defence
Council or an officer authorised by them of the terms of the assessment or (as the case may be) that
it has been cancelled.
(4) This section applies whether or not the liable person was a member of the regular forces
when the maintenance assessment was made.
1
See the notes to s. 150A, ante, which apply to this s. also.
2
In the Designation of Officers (Army) Regulations 1995 (D.C.I. (Army) 100 of 1995), the Defence
Council authorised the following:
(1)
in respect of officers -
(a) the Chief of Staff Headquarters Adjutant General (Personnel and Training Command); or
(b) the Director of Personal Services (Army);
(2)
in respect of warrant officers, non-commissioned officers and soldiers -
(a) the Director of Personal Services (Army); or
(b) any officer not below the rank of lieutenant colonel who is serving at the Ministry of Defence under
the Director of Personal Services (Army); or
(c) the appropriate Regimental Paymaster.
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285
Deductions from pay for maintenance of wife or child.
1976 c. 52. ; S.I. 1964 No. 488.
151.
1
- (1) Where the Defence Council or an officer authorised by them
2
are satisfied
3
that an
officer, warrant officer, non-commissioned officer or soldier of the regular forces
4
is neglecting,
without reasonable cause, to maintain his wife
5
or any child
6
of his under the age of seventeen
7
or
that such a child of his is in care
8
the Defence Council or officer may order such sum to be
deducted
9
from his pay
10
and appropriated towards the maintenance of his wife or child as the
Defence Council or officer thinks fit.
1976 c. 52.
(1A) A child is in care for the purposes of this section at any time when by virtue of any
enactment
11
(including an enactment of the Parliament of Northern Ireland or a Measure of the
Northern Ireland Assembly)
1989 c. 41.
(a)
he is being looked after by a local authority in England or Wales (within the meaning
of the Children Act 1989); or
(b)
he is subject to a supervision requirement to which Part VI of the Social Work
(Scotland) Act 1968 applies; or
(c)
he is in the care -
(i)
of the managers of a training school in Northern Ireland, or
(ii)
of a fit person in Northern Ireland, or
(iii) of the Department of Health and Social Services for Northern Ireland.
S.I. 1964 No. 488. ; 1981 c. 55.
(2) On an application made to the Defence Council or an officer authorised by them for an order
under subsection (1) of this section the Defence Council or officer, if satisfied that a prima facie
1
(a) For general observations see notes to Part III.
(b) In the case of the R.M., see note 1(b) to s. 150.
(c) This s. covers the case where no order has been made by a court within Her Majesty's dominions,
and consequently no order can be made under s. 150. S-s. (3) also covers the case where an order has
been made under s. 150, but where the wife's or child's circumstances have deteriorated and the court
would probably increase the amount of its order if the wife or child were not prevented from applying
for its variation by reason of the fact that the husband or father is serving in a place where process
cannot be served on him.
(d) This s. may apply to illegitimate children but does not apply to children adopted by a wife.
(e) S-s. (2) enables an interim order to be made.
(f) See s-s. (4) as to provisions to vary the order.
2
In the Designation of Officers (Army) Regulations 1995 (D.C.I. (Army) 100 of 1995), the Defence
Council authorised the following:
(1)
in respect of officers -
(a) the Chief of Staff Headquarters Adjutant General (Personnel and Training Command); or
(b) the Director of Personal Services (Army);
(2)
in respect of warrant officers, non-commissioned officers and soldiers -
(a) the Chief of Staff Headquarters Adjutant General (Personnel and Training Command); or
(b) the Director of Personal Services (Army); or
(c) any officer not below the rank of lieutenant colonel who is serving at the Ministry of Defence under
the Director of Personal Services (Army).
3
Application under this section may be made by any person and not necessarily by the wife or child.
4
Regular forces, see note 4 to s. 144. As to the application of ss. 150 to 153 to the T.A. and reserve
forces see s. 211.
5
Husband in the case of women members of the regular forces, see s. 213(c).
6
Child, see s-s. (6).
7
See also s-s. (5) which enables in certain circumstances an order to be made when the child is over
the age of 17, and also in certain cases to be continued after a child has reached the age of 17.
8
See s-s. (1A).
9
For the maximum rate of deduction see s. 152.
10
See note 7 to s. 150.
11
Including a child in care following the making by a court-martial or S.C.C. of a reception order
under Sch. 5A, para. 6 (as to which, see the Civ. Suppl.).
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286
case has been made out for the making of such an order, may make an interim order for such
deduction and appropriation as is mentioned in subsection (1) of this section to take effect pending
the further examination of the case.
(3) Where an order is in force under subsection (1) or subsection (3) of the last foregoing
section for the making of deductions in favour of any person from the pay of an officer, warrant
officer, non-commissioned officer or soldier of the regular forces, no deductions from his pay in
favour of the same person shall be ordered under the foregoing provisions of this section unless the
officer, warrant officer, non-commissioned officer or soldier is in a place where process cannot be
served on him in connection with proceedings for the variation of the order of the court in
consequence of which the order under the last foregoing section was made.
S.I. 1993 No. 785
(3A) Where an order is in force under section 150A of this Act for deductions to be made from
the pay of any member of the regular forces with respect to the maintenance of a child of his, no
order may be made under this section for the deductions of any sums from the pay of that person
with respect to the maintenance of that child.
S.I. (N.I.) 177 ; No. 157
(3AA) Where an order is in force under section 150AA of this Act for deductions to be made
from the pay of any member of the regular forces with respect to the maintenance of a child of his,
no order may be made under this section for the deductions of any sums from the pay of that person
with respect to the maintenance of that child.
S.I. 1964 No. 488.
(4) The Defence Council or an officer authorised by them may by order vary or revoke any
order previously made under this section and may treat any order made under this section as being
in suspense at any time while the person against whom the order was made is absent as mentioned
in paragraph (a) of subsection (1) of section one hundred and forty-five of this Act.
1
1976 c. 52 .
(5) The power to make an order under this section for the deduction of any sum and its
appropriation towards the maintenance of a child shall include power -
(a)
subject to the provisions of subsection (3) of this section, to make such an order after
the child has attained the age of seventeen, if an order in favour of the child is in
force under subsection (1) or subsection (3) of the last foregoing section or;
(b)
To make such an order after the child has attained the age of seventeen if -
(i)
such an order of the court as is mentioned in subsection (1) of the last
foregoing section was in force in favour of the child at the time when the child
attained that age, and
(ii)
the person from whose pay the deductions are ordered is in such place as is
mentioned in subsection (3) of this section, and
(iii) the child is for the time being engaged in a course of education or training; or
(c)
to continue such an order from time to time after the child has attained the age of
seventeen, if the child is for the time being engaged in a course of education or
training;
but no order so made or continued shall remain in force after the child attains the age of twenty-one
or shall, unless continued under paragraph of this subsection, remain in force for more than two
years.
1991 c. 62
(6) Without prejudice to any enactment or rule of law relating to adoption or legitimation,
references in this section to a child of any person shall be construed without regard to whether the
father and mother of the child have or had been married to each other at any time.
Deductions from pay in respect of judgment debts etc.
1971 c. 33 .
151A.
2
- (1) Where by any judgment or order enforceable by a court in the United Kingdom
1
any sum is required to be paid by a person who is a member of the regular forces,
2
the Defence
1
That is absence without leave whether amounting to an offence or not.
2
(a) For general observations see notes to Part III.
(b) The s. applies to the R.M., see Sch. 7 note 19.
(c) The s. is permissive.
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287
Council or an officer authorised by them
3
may, whether or not that person was a member of the
regular forces at the time when the judgment or order was given or made, order such amount or
amounts as the Council or officer thinks fit to be deducted
4
from the pay
5
of that person, and
appropriated in or towards satisfaction of that sum:
Provided that this subsection shall not apply to any such sum as is mentioned in
section 146 of this Act, to any sum in respect of which deductions may be ordered under
section 150 of this Act, or to any sum in respect of which deductions may be made by virtue of
section 32(2)(b) of the Courts-Martial (Appeals) Act 1968.
(2) The Defence Council or an officer authorised by them may by order vary or revoke any
order previously made under this section and may treat any order made under this section, as being
in suspense at any time while the person against whom the order was made is absent as mentioned
in section 145(1)(a) of this Act.
6

(d) Any order requiring action will, in the case of an officer, be sent to the Ministry of Defence (P.S.
4b (Army)) and, in the case of a soldier, to the Regimental Paymaster concerned, see also note 4. For
the R.M., order will be sent, in the case of an officer, to the Ministry of Defence (C.G.R.M. (A
Branch)) and, in the case of a marine, to the Unit Imprest Holder concerned.
1
United Kingdom in this s. includes the Channel Islands and the Isle of Man, see s. 216(2).
2
Regular forces,, see note 4 to s. 144.
3
In the Designation of Officers (Army) Regulations 1995 (D.C.I. (Army) 100 of 1995), the Defence
Council authorised the following:
(1)
in the case of army officers -
(a) the Chief of Staff Headquarters Adjutant General (Personnel and Training Command); or
(b) the Director of Personal Services (Army);
(2)
in the case of warrant officers, non-commissioned officers and soldiers of the army -
(a)the Chief of Staff Headquarters Adjutant General (Personnel and Training Command); or
(b)the Director of Personal Services (Army); or
(c)any officer not below the rank of lieutenant colonel who is serving at the Ministry of Defence under
the Director of Personal Services (Army); or
(d)the appropriate Regimental Paymaster;
(3)
in the case of officers, warrant officers, non-commissioned officers and marines of the Royal
Marines - the Director of Naval Pay and Pensions (Accounts) at the Ministry of Defence.
4
For the maximum rate of deduction see s. 152.
5
See note 7 to s. 150.
6
This s. also applies to judgements which, in N.I., are enforceable by the Enforcement of Judgements
Office established by the Judgements (Enforcement) Act 1969.
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288
Limit of deductions under ss. 150, 150A, 151 and 151A and effect on forfeiture.
1971 c. 33. ; S.I. 1993 No. 785
152.
1
- (1) The sums deducted from a person's pay under sections 150, 150A, 151 and 151A
above shall not together exceed such proportion of his pay as the Defence Council may determine.
2
(2)
3
Where any deductions have been ordered under section 150, 150A, 151 or 151A above
from a person's pay and (whether before or after the deductions have been ordered) he incurs a
forfeiture of pay in consequence of the finding or sentence of a court-martial or the finding or
award of the appropriate superior authority
4
or his commanding officer,
5
it shall apply only to so
much of his pay as remains after the deductions have been made.
(3) [Repealed by 1971 c. 33]
1
(a) In the case of the R.M., this s. applies for the purposes of s. 151A.
(b) If the sums deducted under s. 150 do not equal the sums ordered by the civil court, the defendant
remains liable to proceedings in the civil court for the balance but any order made by the civil court
cannot be enforced either against his pay, see s. 203(2), or against his arms or military clothing, etc.,
see s. 185.
2
The Defence Council have in the Maximum Rate of Deductions from Pay (Army) Order 1994
provided that the sums deducted shall not together exceed such proportion of the person's pay as will
leave him with less than the minimum rate prescribed by the Minimum Rates of Pay (Army) Order
1994, (q.v.). See also note 19(a) to s. 144. Similarly in their authorisation of 21st June 1977 the
Defence Council have limited the sums which may be deducted from the pay of members of the R.M.
so as not to exceed the maximum set under N.D.A. 1957, s. 128E(3).
3
(a) The effect of this s s. is that where deductions are ordered to be made under ss. 150, 151 or 151A
from any of his pay which has been forfeited for any of the reasons set out in this s s., the forfeiture is
cancelled to the extent that is necessary to enable the deductions to be made. Thus, though the man will
receive no pay himself, his family or, as the case may be, his judgment creditors will continue to
receive the deductions.
(b) The position is the same where the man forfeits his pay after the order for deductions has been
made or where deductions are ordered after he has already forfeited his pay.
(c) The forfeiture of pay to which this s. applies are forfeitures of pay under s. 145(1)(a), (b) or (c) and
P.W. which follow automatically on the finding or sentence of an army court-martial, an A.S.A. or a
C.O. acting under the Act.
(d) On the other hand, other forfeitures, i.e., forfeitures under s. 145(1)(a), (b) or (c) and P.W. which
follow automatically on the finding or sentence of a naval or air-force court-martial or of a civil court
or of an A.S.A. or a C.O. acting under the A.F.A., 1955, or the captain of one of Her Majesty's ships
acting under N.D.A. 1957, apparently remain wholly effective, notwithstanding the fact that
deductions have been ordered under ss. 150, 151 or 151A. If it is desired that payments to a man's
family or, as the case may be, his judgment creditors under these orders should continue and there is no
balance in his account available to meet them, either the award of forfeiture of pay must be remitted by
a reviewing authority or the forfeiture must be remitted under s. 149, as may be appropriate.
4
Appropriate superior authority, see s. 82(2) and I.S.D.(A)R r. 16.
5
Commanding officer, see I.S.D.(A)R. rr. 5-7.
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289
Service of process in maintenance proceedings
153. - (1) Any process
1
to be served on an officer, warrant officer, non-commissioned officer
or soldier of the regular forces
2
(hereinafter referred to as "the defendant") in connection with
proceedings for any such order of a court in the United Kingdom
3
as is mentioned in subsection (1)
of section one hundred and fifty of this Act, or for the variation, revocation or revival of such an
order, shall be deemed to be duly served on him if served on his commanding officer,
4
and may,
without prejudice to any other method of service, be so served by registered post.
(2) [Repealed by 1971 c. 33]
1981 c. 55 .
(3) Where any such process as is mentioned in subsection (1) of this section is served in the
United Kingdom and the defendant will be required to appear in person at the hearing, the service
of the process shall be of no effect if his commanding officer certifies to the court by which the
process was issued that the defendant is under orders for active service
5
out of the United Kingdom
and that in the commanding officer's opinion it would not be possible for the defendant to attend
the hearing and return in time to embark for that service . . .
(3A) Where any such process as is mentioned in subsection (1) of this section is to be served in
the United Kingdom or elsewhere and the defendant will be required to appear in person at the
hearing, the service of the process shall be of no effect if his commanding officer certifies to the
court by which the process was issued that the defendant is absent without leave or has deserted
and remains in desertion.
1971 c. 33
(4) Nothing in this section shall be construed as enabling process to be served in connection
with proceedings in a court of summary jurisdiction unless the defendant is within the United
Kingdom.
1
Process, includes an originating summons by a woman alleging that a serviceman is the father of her
unborn child, see Smith v. Chuter.
2
Regular forces, see note 4 to s. 144.
3
United Kingdom in this s. includes the Channel Islands and the Isle of Man, see s. 216(2).
4
It is unnecessary for the commanding officer to be named in the process. It will suffice if it is
addressed to, e.g., "The Officer Commanding The Blankshire Regiment." Service on a commanding
officer is not available when the defendant is unlawfully absent from his unit, see s-s. (3A).
5
Active service, see s. 224.