The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012

Civil Jurisdiction and Judgments (Maintenance) Regulations 2011

8.—(1) The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011(1) are amended as follows.

(2) In Schedule 1—

(a)in paragraph 4(3)—

(i)the “or” in sub-paragraph (b) is revoked;

(ii)sub-paragraph (c) is revoked;

(b)after paragraph 10 insert—

“PART 5ESTABLISHMENT AND MODIFICATION OF MAINTENANCE UNDER THE MAINTENANCE REGULATION

11.—(1) This paragraph applies to an application submitted under Article 56 for establishment or modification of a decision to the Lord Chancellor, in relation to England and Wales, or to the Department of Justice in relation to Northern Ireland.

(2) Upon receipt of an application submitted under Article 56 for establishment or modification of a decision in England and Wales, the Lord Chancellor shall send that application to the designated officer for the magistrates’ court in the local justice area in which the respondent is residing.

(3) Upon receipt of the application under sub-paragraph (2), the designated officer of that court shall decide—

(a)whether the courts of England and Wales have jurisdiction to determine the application by virtue of the Maintenance Regulation and Schedule 6 to these Regulations; and

(b)if so, whether the magistrates’ court has power to make the decision or modification sought under—

(i)the Domestic Proceedings and Magistrates’ Courts Act 1978, or

(ii)section 15 of and Schedule 1 to the Children Act 1989.

(4) Where the designated officer decides under sub-paragraph (3)(a) that the courts of England and Wales do not have jurisdiction to determine the application, the designated officer shall return the application to the Lord Chancellor with a written explanation of the reasons for that decision.

(5) Where the designated officer decides under sub-paragraph (3)(b) that the magistrates’ court does not have power to make the decision or modification sought, the designated officer shall send the application to—

(a)the High Court, or

(b)a county court

as appears to the designated officer to be appropriate.

(6) Subject to sub-paragraph (7), if the designated officer decides under sub-paragraph (3)(b) that the magistrates’ court has power to make the decision or modification sought, the designated officer shall issue the application and serve it on the respondent.

(7) If the respondent does not reside in the local justice area for which the magistrates’ court acts, the designated officer shall—

(a)if satisfied that the respondent is residing within another local justice area, send the application to the designated officer of a magistrates’ court acting in that other area and inform the Lord Chancellor that it has been so sent; or

(b)if unable to establish where the respondent is residing, return the application to the Lord Chancellor.

(8) A designated officer who receives an application by virtue of sub-paragraph (7)(a) shall proceed under sub-paragraph (6) as if that designated officer had decided that the magistrates’ court has power to make the decision or modification sought.

(9) Where the designated officer has determined in accordance with sub-paragraph (3)(b) that the magistrates’ court has power to make the decision or modification sought, the application shall be treated for the purpose of establishment or modification of a decision under the Maintenance Regulation as an application under the Domestic Proceedings and Magistrates’ Courts Act 1978, or under section 15 of and Schedule 1 to the Children Act 1989, as appropriate.

(10) Sub-paragraphs (2) to (9) apply to an application submitted under Article 56 for establishment or modification of a decision in Northern Ireland to the Department of Justice in relation to Northern Ireland as if—

(a)references to England and Wales were references to Northern Ireland;

(b)references to the Lord Chancellor were references to the Department of Justice;

(c)for “designated officer” were substituted “clerk of petty sessions”;

(d)for “local justice area” were substituted “petty sessions district”;

(e)references to the courts of England and Wales were references to the courts of Northern Ireland;

(f)references to the Domestic Proceedings and Magistrates’ Courts Act 1978, and to section 15 of and Schedule 1 to the Children Act 1989 were references to the Domestic Proceedings (Northern Ireland) Order 1980 and Article 15 of and Schedule 1 to the Children (Northern Ireland) Order 1995 respectively.

(11) In this paragraph—

“respondent” means the person who is alleged in an application for establishment of a decision under Article 56 to owe maintenance, or where the application is for modification of a decision, the person against whom the modification is sought;

and a reference to an application is a reference to an application together with any documents which accompany it.”.

(3) In Schedule 2—

(a)in paragraph 1—

(i)sub-paragraph (1)(b) is revoked;

(ii)in sub-paragraph (1)(c), for “the Commissioners for Her Majesty’s Revenue and Customs” substitute “Revenue and Customs officers”;

(iii)in sub-paragraph (2), after “social security” insert “, child support”;

(iv)after sub-paragraph (2), insert—

“(3) In sub-paragraph (2), “functions relating to social security” includes functions relating to statutory payments as defined in section 4C(11) of the Social Security Contributions and Benefits Act 1992 and maternity allowance under section 35 of that Act.

(4) In this Schedule, references to the Secretary of State include a person providing services to the Secretary of State in connection with the functions mentioned in sub-paragraph (2).”;

(b)in paragraph 3(1), the words “, or by a person supplying services to a Central Authority,” are revoked;

(c)in paragraph 4—

(i)in sub-paragraph (1), for “he or she” substitute “that person”;

(ii)in sub-paragraph (2), for “he or she” substitute “the person”;

(d)after paragraph 5 insert—

“6.  In this Schedule, references to a Central Authority include persons employed by or supplying services to that Central Authority.”.

(4) In paragraph 16(a)(i) of Schedule 6, for “the Child Maintenance and Enforcement Commission” substitute “the Secretary of State”.