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Part IU.K. Reciprocal Enforcement of Maintenance Orders made in United Kingdom or Reciprocating Country

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. I (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; and amended (18.6.2011) by S.I. 2011/1484, reg. 1(1), Sch. 7 paras. 25, 26; and amended (22.4.2014) by S.I. 2014/879, arts. 1(1), 30-44)

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)

Amendments, repeals and transitional provisionsU.K.

22 Amendments and repeals. X1U.K.

(1)The enactments mentioned in the Schedule to this Act shall have effect subject to the minor and consequential amendments specified therein.

(2)The following are hereby repealed—

(a)M1 the maintenance orders (Facilities for Enforcement) Act 1920;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(c)in M2 the Maintenance Orders Act 1958, section 19 and in section 23(2), the words “section nineteen”;

F2(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

X1The text of s. 22 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F2S. 22(2)(d) repealed (23.3.1995) by 1995 c. 3, s. 1, Sch. para. 7(2)

Marginal Citations

23 Maintenance order registered in High Court under the Maintenance Orders etc. Act 1920.U.K.

(1)Where a country or territory, being a country or territory to which at the commencement of section 1 of this Act the M3Maintenance Orders (Facilities for Enforcement) Act 1920 extended, becomes a reciprocating country, then, if immediately before the Order in Council made under section 12 of that Act extending that Act to that country or territory was revoked any maintenance order made by a court in that country or territory was registered in the High Court [F3or the High Court of Justice in Northern Ireland] under section 1 of that Act, [F4subsection (1A) applies in relation to the order.

(1A)Where the order was at that time registered in the High Court, that court may, on an application by the payer or the payee under the order or of its own motion, transfer the order to the family court, with a view to the order being registered in the family court under this Part of this Act; and where the order was at that time registered in the High Court of Justice in Northern Ireland, that court] may, on an application by the payer or the payee under the order or of its own motion, transfer the order to such magistrates’ court [F5in Northern Ireland] as having regard to the place where the payer is residing and to all the circumstances it thinks most appropriate, with a view to the order being registered in that [F6magistrates’] court under this Part of this Act.

[F7(1B)Where the High Court transfers an order to the family court under this section it shall—

(a)cause a certified copy of the order to be sent to an officer of the family court, and

(b)cancel the registration of the order in the High Court.]

(2)Where the High Court [F8of Justice in Northern Ireland] transfers an order to a magistrates’ court under this section it shall—

(a)cause a certified copy of the order to be sent to the [F9appropriate officer] of that court, and

(b)cancel the registration of the order in the High Court.

(3)The F10[F9... officer] of the court who receives a certified copy of an order sent to him under this section shall register the order in the prescribed manner in that court.

(4)On registering a maintenance order in [F11a] court by virtue of this section the [F12officer registering it] shall, if the order is registered in that court under Part I of the M4Maintenance Orders Act 1958, cancel that registration.

F13(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14(6) In this section “appropriate officer”[F15, in relation to a magistrates' court in Northern Ireland, means the clerk of the court.]]

Textual Amendments

F3Words in s. 23(1) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 41(2)(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F4Words in s. 23(1)(1A) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 41(2)(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F5Words in s. 23(1A) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 41(2)(c); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F6Word in s. 23(1A) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 41(2)(d); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F7S. 23(1B) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 41(3); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F8Words in s. 23(2) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 41(4); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F9Words in s. 23(2)(3)(4) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 75 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F10Word in s. 23(3) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 41(5); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F11Word in s. 23(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 41(6)(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F12Words in s. 23(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 41(6)(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F13S. 23(5) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 41(7); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F15Words in s. 23(6) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 41(8); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Marginal Citations

24 Application of Part I to certain orders and proceedings under the Maintenance Orders etc. Act 1920.U.K.

Where Her Majesty proposes by an Order in Council under section 1 of this Act to designate as a reciprocating country a country or territory to which at the commencement of that section the M5Maintenance Orders (Facilities for Enforcement) Act 1920 extended, that Order in Council may contain such provisions as Her Majesty considers expedient for the purpose of securing—

(a)that the provisions of this Part of this Act apply, subject to such modifications as may be specified in the Order, to maintenance orders, or maintenance orders of a specified class—

(i)made by a court in England, Wales or Northern Ireland against a person residing [F16or having assets] in that country or territory, or

(ii)made by a court in that country or territory against a person residing [F16or having assets] in England, Wales or Northern Ireland,

being orders to which immediately before the date of the coming into operation of the Order in Council the said Act of 1920 applied, except any order which immediately before that date is registered in the High Court or the High Court of Justice in Northern Ireland under section 1 of that Act;

(b)that any maintenance order, or maintenance order of a specified class, made by a court in that country or territory which has been confirmed by a court in England, Wales or Northern Ireland under section 4 of the said Act of 1920 and is in force immediately before that date is registered under section 7 of this Act;

(c)that any proceedings brought under or by virtue of a provision of the said Act of 1920 in a court in England, Wales or Northern Ireland which are pending at that date, being proceedings affecting a person resident in that country or territory, are continued as if they had been brought under or by virtue of the corresponding provision of this Part of this Act.

Textual Amendments

Marginal Citations