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

Power of magistrates' court to make and confirm provisional maintenance order against person residing in the Republic of Ireland.

3.—(1) Where an application is made to a magistrates' court for a maintenance order against a person residing in the Republic of Ireland and the court would have jurisdiction to determine the application under the Domestic Proceedings and Magistrates' Courts Act 1978(1) or the Children Act 1989(2) if that person—

(a)were residing in England and Wales, and

(b)received reasonable notice of the date of the hearing of the application,

the court shall (subject to subsection (2) below) have jurisdiction to determine the application.

(2) A maintenance order made by virtue of this section shall be a provisional order.

(4) No enactment (or provision made under an enactment) requiring or enabling—

(a)a court to transfer proceedings from a magistrates' court to a county court or the High Court, or

(b)a magistrates' court to refuse to make an order on an application on the ground that any matter in question is one that would be more conveniently dealt with by the High Court,

shall apply in relation to an application to which subsection (1) above applies.

(5) Where a court makes a maintenance order which is by virtue of this section a provisional order, the following documents, that is to say—

(a)a certified copy of the maintenance order;

(b)a document, authenticated in the prescribed manner, setting out or summarising the evidence given in the proceedings;

(c)a certificate signed by the prescribed officer of the court certifying that the grounds stated in the certificate are the grounds on which the making of the order might have been opposed by the payer under the order;

(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;

(d)a statement giving such information as was available to the court as to the whereabouts of the payer;

(e)a statement giving such information as the officer possesses for facilitating the identification of the payer; and

(f)where available, a photograph of the payer,

shall be sent by that officer to the Lord Chancellor with a view to their being transmitted by the Lord Chancellor to the responsible authority in the Republic of Ireland if he is satisfied that the statement relating to the whereabouts of the payer gives sufficient information to justify that being done.

(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.

(7) In the application of this section to Northern Ireland—

(a)for subsection (1) there shall be substituted—

“(1) Where a complaint is made to a magistrates' court against a person residing in the Republic of Ireland and the complaint is one on which the court would have jurisdiction by virtue of any enactment to make a maintenance order if—

(a)that person were residing in Northern Ireland, and

(b)a summons to appear before the court to answer the complaint had been duly served on him,

the court shall have jurisdiction to hear the complaint and may (subject to subsection (2) below) make a maintenance order on the complaint.”, and

(b)for subsection (4) there shall be substituted—

“(4) No enactment empowering a magistrates' court to refuse to make an order on a complaint on the ground that any matter in question is one which would be more conveniently dealt with by the High Court of Justice in Northern Ireland shall apply in relation to a complaint to which subsection (1) above applies.”.