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There are currently no known outstanding effects for the The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012, Paragraph 2.
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2.—(1) In this Schedule—
“the 1980 Act” means the Magistrates' Courts Act 1980;
F1...
F1...
“arrears” means a sum or sums payable to the creditor from the debtor which have fallen due under the terms of a maintenance decision and which the debtor has not paid;
“the court” means—
in England and Wales, a magistrates' court;
in Scotland, the sheriff court;
“the creditor” means a person to whom a sum or sums of maintenance are owed by the debtor under the terms of a maintenance decision in relation to which an application under this Schedule is made, and includes—
a public body acting in place of an individual to whom maintenance is owed or to which reimbursement is owed for benefits provided in place of maintenance, to the extent that such a body may seek enforcement of a maintenance decision under the terms of an international agreement referred to in paragraph 1; and
[F2an officer of the family court, where the sum or sums of maintenance must be paid to the family court;]
“the debtor” means the person who is liable to pay a sum or sums to the creditor under the terms of the maintenance decision in relation to which a complaint referred to in paragraph 3(2) or an application referred to in paragraph 4(1) of this Schedule is made;
“driving disqualification order” means an order under paragraph 5(1)(a) of this Schedule;
“maintenance decision” means a maintenance obligation to which an international agreement mentioned in paragraph 1 applies and which is—
(2) In this Schedule—
(a)“child” means a person who—
(i)either—
(aa)has not attained the age of 16, or
(bb)has not attained the age of 20, and is receiving full time education or vocational training; and
(ii)is not or has not been party to a marriage, to a civil partnership or to an overseas relationship treated as a civil partnership under section 215 of the Civil Partnership Act 2004, and for the purposes of sub-paragraph (ii) “marriage” and “civil partnership” include a void marriage and a void civil partnership respectively;
(b)(i)“driving licence” means a licence to drive a motor vehicle granted under Part III of the Road Traffic Act 1988 M2;
F4(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in Sch. 2 para. 2 omitted (31.12.2020) by virtue of The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/479), regs. 1(1), 80(b) (with regs. 92-95) (as amended by S.I. 2020/1493, regs. 1(1), 5(2)-(5)); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Sch. 2 para. 2 substituted (31.7.2015) by The Civil Jurisdiction and Judgments (Maintenance) and International Recovery of Maintenance (Hague Convention 2007 etc) (Amendment) Order 2015 (S.I. 2015/1489), arts. 1(3), 5
F3Words in Sch. 2 para. 2(1) substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 142(a)
F4Sch. 2 para. 2(2)(b)(ii) omitted (8.6.2015) by virtue of The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 17
F5Sch. 2 para. 2(2)(c) omitted (22.4.2014) by virtue of The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 142(b)
Marginal Citations
M11987 c.18. Section 106 was amended by S.I. 2011/1484.
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