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Maintenance and Affiliation Orders Act (Northern Ireland) 1966

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10Orders to which this Part applies.N.I.

(1)This Part applies to maintenance orders made by the High Court[F1, a county court], or a court of summary jurisdiction, other than orders registered under Part II of the Maintenance Orders Act 1950 [1950 c.37] .

[F2(1A)This Part, except sections 11, 11A and 14(2) and (3), also applies in accordance with section 36 of the Civil Jurisdiction and Judgments Act 1982[F3 or Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters] to maintenance orders made by a court in England and Wales or Scotland and registered in Northern Ireland under Part II of the Maintenance Order Act 1950.]

(2). . .F4 in this Part “maintenance order” means [F5 an order made outside the United Kingdom and registered in a court of summary jurisdiction in Northern Ireland under Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 [1972 c.18] [F2 or Part I of the Civil Jurisdiction and Judgments Act 1982] or] an order for . . .F6, maintenance or other payments made under any of the following enactments:—

(a)sections 17(2), 19(2) to (7), 20(2), 22 or 28(1) of the Matrimonial Causes Act (Northern Ireland) 1939 [1939 c.13] ;

(b)section 4(1) of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1951 [1951 c.7] ;

F7[(bb)Article 24, 25(1)( a) or ( d), (2) or (4) or 29(5) or (6)( a) or ( d) of the Matrimonial Causes (Northern Ireland) Order 1978 [1978 NI 15] ;]

F8[(c)the Domestic Proceedings (Northern Ireland) Order 1980 [1980 NI 5] ;]

(d)section 1F9 of the Act of 1924, section 12 of the Welfare Services Act (Northern Ireland) 1949 [1949 c.1] F9 . . .F10[F11 Article 26 of the Social Security (Northern Ireland) Order 1986] [F12 or section 159 of the Children and Young Persons Act (Northern Ireland) 1968 [1968 c.34] ;]

(e)section 11 of the Welfare Services Act (Northern Ireland) 1949F13 . . .F10[F14 section 101 of the Social Security Administration (Northern Ireland) Act 1992] [F12 or section 156 or 157 of the Children and Young Persons Act (Northern Ireland) 1968;]

F15[(f)section 27 of the Judicature (Northern Ireland) Act 1978 [1978 c.23] ;]

[F1(g)Article 21(a) of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989;]

[F16(h)Article 41 of, or Schedule 1 to, the Children (Northern Ireland) Order 1995;]

[F17(i)paragraph 2(1)(a) or (d), 33, 34(3) or 36(1)(a) or (d) of Schedule 15, Schedule 16, or paragraph 9 of Schedule 17 so far as that paragraph applies Part 1 of Schedule 15, to the Civil Partnership Act 2004;]

and includes any such order which has been discharged if any arrears are recoverable thereunder.

(3)Subject to subsection (4) for the purposes of this Part an order for the payment by the defendant of any costs incurred in proceedings relating to a maintenance order, being an order for the payment of costs made while the maintenance order is not registered, shall be deemed to form part of that maintenance order.

(4)For the purposes of the enforcement under section 12 of an order registered under this Part such costs as are referred to in subsection (3) shall not be deemed to be a periodical payment of money.

F5[(5)For the purposes of this Part an order [F18, decision, settlement [F19, arrangement] or instrument] made outside the United Kingdom and registered in a court of summary jurisdiction [F20in Northern Ireland under—

(a)]Part I of the Maintenance Orders (Reciprocal Enforcement) Act [F211972,

(b)][F2Part I of the Civil Jurisdiction and Judgments Act] [F221982,

(c)][F3Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgements in civil and] [F23commercial matters, or

(d)the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23rd November 2007,

shall] be deemed to be a maintenance order made by that court.]

[F24(6)For the purposes of this section—

(a)a maintenance decision which is enforceable by a court of summary jurisdiction by virtue of Section 1 of Chapter IV of the Maintenance Regulation and the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 is to be deemed to be a maintenance order made by that court;

(b)a maintenance decision which is registered by a court of summary jurisdiction under the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 is to be deemed to be a maintenance order made by that court;

(c)an authentic instrument or court settlement which is enforceable by a court of summary jurisdiction by virtue of Article 48 of the Maintenance Regulation (application of provisions relating to maintenance decisions to authentic instruments and court settlements) and the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 is to be deemed to be a maintenance order made by that court.

(7)In subsection (6) —

  • the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;

  • “authentic instrument” and “court settlement” have the meanings given by Article 2 of the Maintenance Regulation;

  • maintenance decision” means a decision within the meaning of the Maintenance Regulation.]

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F3SI 2001/3929

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