The Reciprocal Enforcement of Maintenance Orders (Republic of Ireland) Order 1993

3.—(1) Section 3 shall be amended as follows.

(2) In subsection (5)—

(a)after paragraph (c) there shall be inserted—

“(ca)a notice addressed to the payer stating that a provisional order has been made, that it has no effect unless and until confirmed with or without alteration by the court making the order, and that in considering whether or not to confirm the provisional order the court will take into account any representations made or any evidence adduced by or on behalf of the payer within three weeks from the date of service of the notice;”; and

(b)for the words “Secretary of State” in both places where they occur, there shall be substituted the words “Lord Chancellor”.

(3) For subsection (6) there shall be substituted—

“(6) The court which made a provisional order by virtue of this section shall not earlier than three weeks after the date of service of the notice referred to in paragraph (ca) of subsection (5) above consider whether or not to confirm the order and with or without alteration and shall take into account any representations made and any evidence adduced by or on behalf of the payer.

(6A) Where the payer makes any representations or adduces any evidence a copy of the representations or evidence shall be served on the person on whose application the provisional order was made before the date of the hearing at which confirmation of the provisional order will be considered and that person shall be notified in the prescribed manner of the date fixed for the hearing.

(6B) The court shall not confirm such an order unless the documents mentioned in paragraphs (a), (b), (c) and (ca) of subsection (5) above have been served on the payer in accordance with the law for the service of such documents in the Republic of Ireland and in sufficient time to enable him to arrange for his defence.

(6C) Where an order has been confirmed under this section, the prescribed officer of the court shall—

(a)send to the payer by registered post notice of the confirmation of the order; and

(b)send the following documents, that is to say—

(i)a certified copy of the maintenance order as confirmed;

(ii)a certificate signed by that officer certifying that the order is enforceable in the United Kingdom;

(iii)if the payer did not appear in the proceedings in which the order was confirmed, the original or a certified copy of a document which establishes that the documents mentioned in paragraphs (a), (b), (c) and (ca) of subsection (5) above have been served on the payer;

(iv)a document which establishes that notice of the confirmation of the order has been sent to the payer by registered post;

(v)if the payee received legal aid in the proceedings, a written statement to that effect signed by that officer,

to the Lord Chancellor with a view to their being transmitted by him to the responsible authority in the Republic of Ireland.

(6D) Where the court decides not to confirm a provisional order, it shall revoke the order.”.