Maintenance Orders (Reciprocal Enforcement) Act 1972

1. Introductory Text

2. Part I Reciprocal Enforcement of Maintenance Orders made in United Kingdom or Reciprocating Country

   1. Designation of reciprocating countries

      1. 1. Orders in Council designating reciprocating countries.

   2. Orders made by courts in the United Kingdom

      1. 2. Transmission of maintenance order made in United Kingdom for enforcement in reciprocating country.

      2. 3. Power of magistrates’ court to make provisional maintenance order against person residing in reciprocating country.

      3. 4. Power of sheriff to make provisional maintenance order against person residing in reciprocating country.

      4. 5. Variation and revocation of maintenance order made in United Kingdom.

   3. Orders made by courts in reciprocating countries

      1. 6. Registration in United Kingdom court of maintenance order made in reciprocating country.

      2. 7. Confirmation by United Kingdom court of provisional maintenance order made in reciprocating country.

      3. 8. Enforcement of maintenance order registered in United Kingdom court.

      4. 9. Variation and revocation of maintenance order registered in United Kingdom court.

      5. 10. Cancellation of registration and transfer of order.

      6. 11. Steps to be taken by Secretary of State where payer under certain orders is not residing in the United Kingdom.

   4. Appeals

      1. 12. Appeals.

   5. Evidence

      1. 13. Admissibility of evidence given in reciprocating country.

      2. 14. Obtaining of evidence needed for purpose of certain proceedings.

      3. 15. Order, etc. made abroad need not be proved.

   6. Supplemental

      1. 16. Payment of sums under orders made abroad: conversion of currency.

      2. 17. Proceedings in magistrates’ courts.

      3. 18. Magistrates’ courts rules.

      4. 19. Rules for sheriff court.

      5. 20. Restriction on enforcement of arrears under maintenance order registered in Scotland.

      6. 21. Interpretation of Part I.

   7. Amendments, repeals and transitional provisions

      1. 22. Amendments and repeals.

      2. 23. Maintenance order registered in High Court under the Maintenance Orders etc. Act 1920.

      3. 24. Application of Part I to certain orders and proceedings under the Maintenance Orders etc. Act 1920.

3. Part II Reciprocal Enforcement of Claims for the Recovery of Maintenance

   1. Convention countries

      1. 25. Convention countries.

   2. Application by person in the United Kingdom for recovery, etc. of maintenance in convention country

      1. 26. Application by person in United Kingdom for recovery, etc. of maintenance in convention country.

   3. Application by person in convention country for recovery of maintenance in England, Wales or Northern Ireland

      1. 27. General provisions relating to application for recovery of maintenance in England, etc.

      2. 27A. Applications for recovery of maintenance in England and Wales.

      3. 27B. Sending application to the appropriate magistrates’ court.

      4. 27C. Applications to which section 27A applies: general.

      5. 28. Applications by spouses under the Domestic Proceedings and Magistrates’ Courts Act 1978.

      6. 28A. Applications by former spouses under the Domestic Proceedings and Magistrates’ Courts Act 1978.

      7. 28B. Applications under the Children Act 1989.

      8. 28C. Applications for recovery of maintenance in Northern Ireland.

      9. 28D. Sending application to the appropriate magistrates’ court.

      10. 28E. Applications to which section 28C applies: general.

      11. 29. Applications by spouses under the Domestic Proceedings (Northern Ireland) Order 1980.

      12. 29A. Applications by former spouses under the Domestic Proceedings (Northern Ireland) Order 1980.

      13. 29B. Applications under the Children (Northern Ireland) Order 1995.

      14. 30. Further provisions relating to recovery in England, Wales and Northern Ireland of maintenance for children

   4. Application by person in convention country for recovery of maintenance in Scotland

      1. 31. Application by person in convention country for recovery of maintenance in Scotland.

   5. Transfer, enforcement, variation and revocation of registered orders

      1. 32. Transfer of orders.

      2. 33. Enforcement of orders.

      3. 34. Variation and revocation of orders.

      4. 34A. Variation of orders by magistrates’ courts in England and Wales.

      5. 34B. Variation of orders by courts of summary jurisdiction in Northern Ireland.

      6. 35. Further provisions with respect to variation etc. of orders by magistrates’ courts in England and Wales.

      7. 35A. Further provisions with respect to variation etc. of orders by magistrates’ courts in Northern Ireland.

   6. Supplemental

      1. 36. Admissibility of evidence given in convention country.

      2. 37. Obtaining of evidence for purpose of proceedings in United Kingdom court.

      3. 38. Taking of evidence at request of court in convention country.

      4. 38A. Magistrates’ courts rules.

      5. 39. Interpretation of Part II.

4. Part III Miscellaneous and Supplemental

   1. Further provisions relating to enforcement of maintenance orders and to applications for recovery of maintenance

      1. 40. Power to apply Act to maintenance orders and applications for recovery of maintenance made in certain countries.

   2. Provisions with respect to certain orders of magistrates’ courts

      1. 41. Complaint for variation, etc. of certain orders by or against persons outside England and Wales.

      2. 42. Provisional order for maintenance of party to marriage made by magistrates’ court to cease to have effect on remarriage of party.

   3. Supplemental provisions

      1. 43. (1) . . . . . . . . ....

      2. 43A. Eligibility for Legal Aid in Scotland.

      3. 44. Exclusion of certain enactments relating to evidence.

      4. 45. Orders in Council.

      5. 46. Financial provisions.

      6. 47. Interpretation: general.

      7. 48. Special provisions relating to Northern Ireland.

      8. 49. Short title and commencement.

5. 1. SCHEDULE

      Consequential and Minor Amendments

      1. 1. . . . . . . . . . ....

      2. The Army Act 1955 and the Air Force Act 1955

         1. 2. Section 150 of the Army Act 1955 and section 150...

      3. The Naval Discipline Act 1957

         1. 3. In section 101 of the Naval Discipline Act 1957 (service...

         2. 4. . . . . . . . . . ....

      4. The Maintenance and Affiliation Orders Act (Northern Ireland) 1966

         1. 5. In section 10 of the Maintenance and Affiliation Orders Act...

      5. The Administration of Justice Act 1970

         1. 6. At the end of Schedule 8 to the Administration of...

      6. The Attachment of Earnings Act 1971

         1. 7. At the end of Schedule 1 to the Attachment of...