Modifications etc. (not altering text)
C1By S.I. 1982/159, art. 3 para. (1) it is provided that the functions of the Secretary of State under this Act insofar as relating to any matter concerning a court in Northern Ireland or a person residing or believed to reside there are transferred to the Lord Chancellor and by art. 3(2) it is provided that any reference to the Secretary of State, so far as necessary for giving effect to para. (1) of art. 3, to be construed as a reference to the Lord Chancellor
C2Pt. 1 (ss. 1-24) applied (with modifications) (5.4.1993) by Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993 (S.I. 1993/593), art. 3(1)(2), Sch. 2, Sch. 3 (as amended (1.4.2005) by S.I. 2005/617, art. 1, Sch. para. 160; (18.6.2011) by S.I. 2011/1484, reg. 1(1), Sch. 7 paras. 25, 26; (22.4.2014) by S.I. 2014/879, arts. 1(1), 30-44; and (31.12.2020) by S.I. 2019/519, reg. 1(1), Sch. para. 31(3)-(16) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1))
C3Pt. 1 (ss. 1-24) applied (with modifications) (5.4.1993) by Reciprocal Enforcement of Maintenance Orders (Republic of Ireland) Order 1993 (S.I. 1993/594), art. 2(1)(2), Sch. 1, Sch. 2 (as amended (1.4.2005) by S.I. 2005/617, art. 1, Sch. para. 161; (18.6.2011) by S.I. 2011/1484, reg. 1(1), Sch. 7 paras. 27, 28; and (22.4.2014) by S.I. 2014/879, arts. 1(1), 47-58)
C4Pt. 1 (ss. 1-24) applied (with modifications) (1.12.1995) by Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995 (S.I. 1995/2709), art. 3, Sch. 2 (as amended (1.4.2005) by S.I. 2005/617, art. 1, Sch. para. 163; and (22.4.2014) by S.I. 2014/879, arts. 1(1), 61-73)
C5Pt. I applied (with modifications) (1.10.2007) by The Reciprocal Enforcement of Maintenance Orders (United States of America) Order 2007 (S.I. 2007/2005), arts. 1, 4, Sch. 1 (with arts. 5, 6) (as amended (22.4.2014) by S.I. 2014/879, arts. 1(1), 106-117)
C6Pt. 1 applied (with modifications) (1.10.2007) by The Reciprocal Enforcement of Maintenance Orders (United States of America) (Scotland) Order 2007 (S.S.I. 2007/354), arts. 1(1), 4, Sch. 1, Sch. 2 (with art. 5) (as amended (22.4.2014) by S.I. 2014/879, arts. 1(1), 119, 120)
F2(1)—(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(5A)Where the respondent to an application for the variation or revocation of—
(a)a maintenance order made by [F6the family court], being an order to which section 5 of this Act applies; or
(b)a registered order which is registered in [F6the family court],
is residing in a reciprocating country, [F6the family court] shall have jurisdiction to hear the application (where it would not have such jurisdiction apart from this subsection) if it would have had jurisdiction to hear it had the respondent been [F7habitually resident] in England and Wales.]
[F8(6)Where the respondent to an application for the variation or revocation of—
(a)a maintenance order made by a magistrates’ court in Northern Ireland, being an order to which section 5 of this Act applies; or
(b)a registered order which is registered in such a court,
is residing in a reciprocating country, a magistrates’ court in Northern Ireland shall have jurisdiction to hear the application (where it would not have jurisdiction apart from this subsection) if it would have had jurisdiction to hear it had the respondent been [F9habitually resident] in Northern Ireland.]
(7)Where the [F10respondent] to [F11an application] for the variation or revocation—
(a)of a maintenance order made by [F12the family court in England and Wales or a magistrates' court in Northern Ireland], being an order to which section 5 of this Act applies; or
(b)of a registered order registered in [F12the family court in England and Wales or a magistrates' court in Northern Ireland],
does not appear at the time and place appointed for the hearing of [F11the application], but the court is satisfied that the [F10respondent] is residing in a reciprocating country, the court may proceed to hear and determine [F11the application] at the time and place appointed for the hearing or for any adjourned hearing in like manner as if the [F10respondent] had appeared at that time and place.
[F13(7A)In the application of this section to Northern Ireland, in subsection (7)—
(a)for the word “respondent”, in each place where it occurs, there shall be substituted “defendant”; and
(b)for the words “an application” and “the application”, in each place where they occur, there shall be substituted “a complaint” and “the complaint” respectively.]
F14(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 17 heading substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014 (S.I. 2014/605), arts. 1, 8
F2S. 17(1)–(3) repealed by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 3
F3S. 17(4) repealed (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 66(2), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
F4S. 17(5) repealed (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(2), Sch. 10 (with Sch. 8 paras. 1(1), 23(4)); S.R. 1996/297, art. 2(2)
F5S. 17(5A) inserted (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para. 10(3); S.I. 1993/618, art. 2
F6Words in s. 17(5A) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 38(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F7Words in s. 17(5A) substituted (7.12.2012) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(2), Sch. 5 para. 2(3)(a)
F8S. 17(6) substituted (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 70 (with Sch. 8 para. 1(1)); S.R. 1996/297, art. 2(2)
F9Words in s. 17(6) substituted (7.12.2012) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(2), Sch. 5 para. 2(3)(b)
F10Words in s. 17(7) substituted (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para. 10(4)(a); S.I. 1993/618, art. 2
F11Words in s. 17(7) substituted (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para. 10(4)(b); S.I. 1993/618, art. 2
F12Words in s. 17(7) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 38(c); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F13S. 17(7A) added (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para. 10(5); S.I. 1993/618, art. 2; and repealed (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(2), Sch. 10 (with Sch. 8 paras. 1(1), 23(4)); S.R. 1996/297, art. 2(2)
F14S. 17(8) repealed by S.I. 1981/1675 (N.I. 26), Sch. 7
Modifications etc. (not altering text)
C7Ss. 8-21 applied (28.5.2002) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002 (S.I. 2002/788), art. 4(4)(5)
C8Ss. 5, 12-15, 17, 18, 21 applied (28.5.2002) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002 (S.I. 2002/788), art. 4(2)(3)
C9Ss. 8-21 applied (19.6.2008) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2008 (S.I. 2008/1202), arts. 1, 4(5)
C10S. 17 applied (19.6.2008) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2008 (S.I. 2008/1202), arts. 1, 4(3)