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The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005

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This is the original version (as it was originally made).

Reciprocal Enforcement of Maintenance Orders (Republic of Ireland) Order 1993(1)

161.  In Schedule 2 (Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 applied as modified by Schedule 1)—

(a)in section 8 (enforcement of maintenance order registered in United Kingdom court)—

(i)in subsection (3A)(a), for “justices' chief executive” substitute “designated officer”; and

(ii)in subsection (4A) (in the provisions substituted in section 76 of the Magistrates' Courts Act 1980), in subsections (5)(a) and (b), for “a justices' chief executive” substitute “the designated officer for the court or for any other magistrates' court”;

(b)in section 17(4) (proceedings in magistrates' courts), for “acting for the same petty sessions area (or, in Northern Ireland, petty sessions district” substitute “acting in the same local justice area (or, in Northern Ireland, for the same petty sessions district”; and

(c)in section 18 (magistrates' courts rules)—

(i)in subsection (1), for the words preceding paragraph (a) substitute “Rules of court may make provision with respect to—”, and in that paragraph for “acting for a particular petty sessions area” substitute “acting in a particular local justice area” and for “acting for such other petty sessions area” substitute “acting in such other local justice area”; and

(ii)in subsection (1A), for “rules made under section 144 of the Magistrates' Courts Act 1980” substitute “rules of court”; and

(d)in the definition of “prescribed” in section 21(1) (interpretation of Part I) omit—

(i)“in England and Wales or”,

(ii)“by rules made under section 144 of the Magistrates' Courts Act 1980 or”, and

(iii)“as the case may be”.

(1)

S.I. 1993/594, amended by S.I. 2001/410. Sections 8, 9, 17, 18 and 21 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18) are amended by paragraphs 152 to 156 of Schedule 8 to the Courts Act 2003 (c. 39).

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