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The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011

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This is the original version (as it was originally made).

Regulation 5

SCHEDULE 3PROVISIONS RELATING TO AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS

This schedule has no associated Explanatory Memorandum

1.  References in this Schedule to authentic instruments and court settlements are references to those authentic instruments and court settlements (as defined in Article 2 of the Maintenance Regulation) which are to be recognised and enforceable in the same way as maintenance decisions by virtue of Article 48 of that Regulation.

2.—(1) In relation to an authentic instrument or court settlement which is enforceable in the Maintenance Regulation State of origin, Schedule 1 applies, subject to the modifications in sub-paragraphs (2), (3) and (4), as if that authentic instrument or court settlement was a maintenance decision given by a court in that Maintenance Regulation State.

(2) Paragraphs 4(4) and 6(5) of Schedule 1 apply in relation to authentic instruments and court settlements as if, for the words “as if the decision had been originally made” there were substituted “as if it was a decision which had originally been made”.

(3) Paragraph 10 of Schedule 1 applies to authentic instruments as if—

(a)in sub-paragraph (1)(a), for the words “given by a court” there were substituted “drawn up by, registered by, authenticated by or concluded before a competent authority”;

(b)for sub-paragraph (1)(b) there were substituted—

“(b)an extract from an authentic instrument issued by a competent authority in a Maintenance Regulation State in accordance with Article 48 shall be evidence that that instrument is enforceable there.”;

(c)for sub-paragraph (2) there were substituted—

“(2) A document purporting to be a copy of an authentic instrument drawn up by, registered by, authenticated by or concluded before a competent authority in a Maintenance Regulation State is duly authenticated for the purposes of this paragraph if it purports to be certified to be a true copy of such an instrument by a person duly authorised in that State to do so.”

(4) Paragraph 10(1)(b) of Schedule 1 applies to court settlements as if, for the words “Article 20 or Article 28 (as the case may be)” there were substituted “Article 48”.

3.  Section 18(7) of the Act (disapplication of section 18) has effect to disapply section 18 in relation to an authentic instrument or court settlement to which Article 48 applies.

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