Statutory Instrument 1993 No. 617 (L.3)

The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Miscellaneous Amendments) Rules 1993

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1993 No. 617 (L.3)

MAGISTRATES' COURTS PROCEDURE

The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Miscellaneous Amendments) Rules 1993

The Lord Chancellor, in exercise of the powers conferred on him by section 144 of the Magistrates' Courts Act 1980^[1], after consultation with the Rule Committee appointed under that section, hereby makes the following Rules:

    1.    These Rules may be cited as the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Miscellaneous Amendments) Rules 1993 and shall come into force on 5th April 1993.

    2.    The following Rules—
 (a) the Maintenance Orders (Facilities for Enforcement) Rules 1922^[2];
 (b) the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) Rules 1974^[3];
 (c) the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Republic of Ireland) Rules 1975^[4];
 (d) the Magistrates' Courts (Recovery Abroad of Maintenance) Rules 1975^[5];
 (e) the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Hague Convention Countries) Rules 1980^[6]; and
 (f) the Magistrates' Courts (Civil Jurisdiction and Judgments Act 1982) Rules 1986^[7]
shall have effect subject to the amendments set out in Schedule 1 to these Rules.

    3.    Paragraphs 1 to 13 of Schedule 2 to these Rules shall be added—
 (a) to the Maintenance Orders (Facilities for Enforcement) Rules 1922, as the Schedule to those Rules;
 (b) to the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) Rules 1974, as Schedule A1 (which shall be inserted before Schedule 1) to those Rules;
 (c) to the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Republic of Ireland) Rules 1975, as Schedule A1 (which shall be inserted before the Schedule) to those Rules;
 (d) to the Magistrates' Courts (Recovery Abroad of Maintenance) Rules 1975, as Schedule 2 to those Rules; and
 (e) to the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Hague Convention Countries) Rules 1980, as Schedule 1A to those Rules.

Mackay of Clashfern,
C.

Dated 10th March 1993

[1] 1980 c. 43, as extended by section 145 of that Act; by section 7 of the Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33) and sections 18 and 38A of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18) (sections 7, 18 and 38A were amended or inserted by paragraphs 4, 11 and 18 respectively, of Schedule 1 to the Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56)); and section 18(1) as applied by the Reciprocal Enforcement of Maintenance Orders (Republic of Ireland) Order 1993 (S.I. 1993/594), and the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993 (S.I. 1993/593); by section 28 of the Justices of the Peace Act 1979 (c. 55) as amended by section 117 of the Courts and Legal Services Act 1990 (c. 41); and by section 48 of the Civil Jurisdiction and Judgments Act 1982 (c. 27). back

[2] S.R. & O. 1922/1355, amended by S.I. 1970/762, 1989/384 and 1992/457. back

[3] S.I. 1974/688, amended by S.I. 1975/2236, 1979/170, 1983/1148, 1986/1762 and 1992/457. back

[4] S.I. 1975/286, amended by S.I. 1992/457. back

[5] S.I. 1975/488, amended by S.I. 1979/1561 and 1980/1584. back

[6] S.I. 1980/108, amended by S.I. 1986/190 and 1992/457. back

[7] S.I. 1980/1962, amended by S.I. 1992/457. back

Explanatory Note