Statutory Instrument 1999 No. 1318

The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) (Variation) Order 1999

---

© Crown Copyright 1999

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) (Variation) Order 1999 , ISBN 0 11 082619 1. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

    " (2A) Subsection (1ZA)[4] shall be amended as follows-


(a) at the end of paragraph (za)[5], there shall be inserted the words


     " and for the words "revoke, revive or vary the order", there were substituted "vary the order in accordance with subsection (3)"";



(b) after paragraph (za), there shall be inserted the following paragraph-



" (zab) as if subsection (2) were omitted;";



(c) in paragraph (a), for the words from "as if in subsection (3)" to "there were inserted-", there shall be substituted "as if in subsection (3)-



(i) for the words "shall include", there were substituted "means the,";

(ii) for the words "paragraphs (a) to (d) of section 59(3) above" there were substituted "subsection (3A) below"; and

(iii) after that subsection there were inserted-".

    (2B) Subsection (1ZB)[6] shall be amended as follows-

(a) at the end of paragraph (za)[7], there shall be inserted the words-


     " and for the words "revoke, revive or vary the order", there were substituted "vary the order in accordance with paragraph (3)"";



(b) after paragraph (za), there shall be inserted the following paragraph-



" (zab) as if paragraph (2) were omitted;";



(c) in paragraph (a), for the words from "as if in paragraph (3)" to "there were inserted-", there shall be substituted "as if in paragraph (3)-



(i) for the words "shall include", there were substituted "means the";

(ii) for the words "sub-paragraphs (a) to (d) of Article 85(3)" there were substituted "paragraph (3A)"; and

(iii) after that paragraph there were inserted-".".

    (3) Paragraph 9(4) of Schedule 2 shall be varied by-

(a) omitting subsections (3) to (7) of section 9 of the Act; and

(b) after subsection (10) of section 9 of the Act, inserting the following-

    " (11) This section shall not apply to a court in Scotland." .

     4. Schedule 3 shall be varied by-

(a) omitting the words "or by a competent court in a Hague Convention country" in subsections (9) and (10); and

(b) omitting subsection (11);

of section 5 of the Act.

     5. Schedule 3 shall be further varied by substituting the words "two calendar months" for the words "one calendar month" in section 6(12) of the Act.

     6. Schedule 3 shall be further varied by inserting in section 9 of the Act-

(a) in subsection (1)(a) after the word "vary", the words "the method of payment of";

(b) in subsection (1)(b) after the word "vary", the words "the method of payment of";

(c) in subsection (1ZA)-


(i) at the end of paragraph (za), the words


     " and for the words "revoke, revive or vary the order", there were substituted "vary the order in accordance with subsection (3)"";


(ii) after paragraph (za), the following paragraph-


" (zab) as if subsection (2) were omitted:"; and


(iii) in paragraph (a), for the words from "as if in subsection (3)" to "there were inserted-", there shall be substituted "as if in subsection (3)-


(i) for the words "shall include", there were substituted "means the";

(ii) for the words "paragraphs (a) to (d) of section 59(3) above" there were substituted "subsection (3A) below"; and

(iii) after that subsection there were inserted-" .



(d) after subsection (1ZA)-

    " (1ZB) Where the registering court is a court of summary jurisdiction in Northern Ireland, Article 86 of the Magistrates' Court (Northern Ireland) Order 1981[8] (revocation, variation etc., of orders for periodical payment) shall have effect in relation to the registered order-


(za) as if in paragraph (1) for the words "by order on complaint" there were substituted "on an application being made, by order" and for the words "revoke, revive or vary the order", there were substituted "vary the order in accordance with paragraph (3)";

(zab) as if paragraph (2) were omitted;

(a) as if in paragraph (3)-


(i) for the words "shall include", there were substituted "means the",

(ii) for the words "sub-paragraphs (a) to (d) of Article 85(3)" there were substituted "paragraph (3A)", and

(iii) after that paragraph there were inserted-"

    (3A) The powers of the court are-

(a) the power to order that payments under the order be made directly to the collecting officer;

(b) the power to order that payments under the order be made to the collecting officer by such method of payment falling within Article 85(7) (standing order, etc.) as may be specified;

(c) the power to make an attachment of earnings order under Part IX to secure payments under the order;"

(b) as if in paragraph (4) for sub-paragraph (b) there were substituted-

" (b) payments under the order are required to be made to the collecting officer by any method of payment falling within Article 85(7) (standing order, etc.)"; and as if after the words "petty sessions" there were inserted "for the petty sessions district for which the court which made the order acts";

(c) as if in paragraph (5) for the words "to the collecting officer" there were substituted "in accordance with sub-paragraph (a) of paragraph (3A)";

(d) as if in paragraph (7), sub-paragraph (c) and the word "and" immediately preceding it were omitted;

(e) as if in paragraph (8) for the words "sub-paragraphs (a) to (d) of Article 85(3)" there were substituted "paragraph (3A)";

(f) as if for paragraphs (9) and (10) there were substituted the following paragraphs-

    " (9) In deciding, for the purposes of paragraphs (3) and (8), which of the powers under paragraph (3A) it is to exercise, the court shall have regard to any representations made by the debtor.

    (10) Paragraph (5) of Article 85 (power of court to require debtor to open account) shall apply for the purposes of paragraph (3A) as it applies for the purpose of that Article but as if for sub-paragraph (a) there were substituted-


" (a) the court proposes to exercise its power under sub-paragraph (b) of Article 86(3A), and".".



     7. Schedule 3 shall be further varied by-



(a) omitting subsections (3) to (7) of section 9 of the Act; and

(b) inserting after subsection (10) of section 9 of the Act, the following-


    " (11) This section shall not apply to a court in Scotland.".




A. K. Galloway
Clerk of the Privy Council



---

EXPLANATORY NOTE

(This note is not part of the Order)

The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993 provides for the implementation in the United Kingdom of the Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations concluded in The Hague on 2nd October 1973. The Republic of Estonia and the Republic of Poland, in accordance with Article 31 of the Convention, have deposited their instruments of accession to the Convention.

This Order-


(a) varies Schedule 1 to the 1993 Order by adding the Republic of Estonia and the Republic of Poland to the list of Hague Convention countries to which that Order applies (article 2);

(b) varies Schedules 2 and 3 to the 1993 Order to-


(i) extend the period of time allowed for a payee to appeal to the court against the refusal to register an order from one month to two months; and

(ii) remove from the courts in the United Kingdom the power to vary a maintenance order (except for the method of payment) made in a Hague Convention country and the right to recognise variations to an order made in the United Kingdom by a court in a Hague Convention country (articles 3 to 7).



---

Notes:

[1] 1972 c. 18; section 40 was amended by the Civil Jurisdiction and Judgments Act 1982 (c. 27), Schedules 11 and 14.back

[2] S.I. 1993/593; the relevant amending instrument is S.I. 1994/1902.back

[3] "Act" is defined as the Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18) in the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993.back

[4] Subsection (1ZA) of section 9 of the Act was inserted by the Maintenance Enforcement Act 1991 (c. 17), section 10, Schedule 1, paragraph 14.back

[5] Paragraph (za) of subsection (1ZA) of section 9 of the Act was inserted before paragraph (a) by the Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), section 1(2), Schedule 1, Part II, paragraph 9.back

[6] Subsection (1ZB) of section 9 of the Act was inserted by the Family Law (Northern Ireland) Order 1993 (S.I. 1993/1576 (N.I. 6)), Article 11 and Schedule 1, paragraph 9.back

[7] Paragraph (za) of subsection (1ZB) of section 9 of the Act was inserted before paragraph (a) of that subsection by the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)), Article 185(1) and Schedule 9, paragraph 69.back

[8] S.I. 1981/1675.back

---


ISBN 0 11 082619 1