17 Proceedings in magistrates’ courts.U.K.
(1)—(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(4)Anything authorised or required by this Part of this Act to be done by, to or before the magistrates’ court by, to or before which any other thing was done may be done by, to or before any magistrates’ court acting for the same petty sessions area (or, in Northern Ireland, petty sessions district) as that court.
[F2F3(5)Any application which by virtue of a provision of this Part of this Act is made to a magistrates’ court [F4in Northern Ireland]] shall be made by complaint.
[F2(5A)Where the respondent to an application for the variation or revocation of—
(a)a maintenance order made by a magistrates’ court in England and Wales, 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 England and Wales 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 residing in England and Wales.]
[F5(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 residing in Northern Ireland.]
(7)Where the [F6respondent] to [F7an application] for the variation or revocation—
(a)of a maintenance order made by a magistrates’ court, being an order to which section 5 of this Act applies; or
(b)of a registered order registered in a magistrates’ court,
does not appear at the time and place appointed for the hearing of [F7the application], but the court is satisfied that the [F6respondent] is residing in a reciprocating country, the court may proceed to hear and determine [F7the application] at the time and place appointed for the hearing or for any adjourned hearing in like manner as if the [F6respondent] had appeared at that time and place.
[F8(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.]
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
Textual Amendments
F1S. 17(1)–(3) repealed by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), s. 89, Sch. 3
F2S. 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
F3S. 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)
F4Words in s. 17(5) inserted (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para. 10(2); S.I. 1993/618, art. 2
F5S. 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)
F6Words 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
F7Words 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
F8S. 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)
F9S. 17(8) repealed by S.I. 1981/1675 (N.I. 26), Sch. 7
Modifications etc. (not altering text)
C1Ss. 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)
C2Ss. 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)