C10C20C16C17C18C19 Part I Reciprocal Enforcement of Maintenance Orders made in United Kingdom or Reciprocating Country

Annotations:
Modifications etc. (not altering text)
C10

By S.I. 1982/159, art. 3 para. (1) it is provided that the functions of the Secretary of State under this Act insofar as relating to any matter concerning a court in Northern Ireland or a person residing or believed to reside there are transferred to the Lord Chancellor and by art. 3(2) it is provided that any reference to the Secretary of State, so far as necessary for giving effect to para. (1) of art. 3, to be construed as a reference to the Lord Chancellor

C16

Pt. 1 (ss. 1-24) applied (with modifications) (5.4.1993) by Reciprocal Enforcement of Maintenance Orders (Republic of Ireland) Order 1993 (S.I. 1993/594), art. 2(1)(2), Sch. 1, Sch. 2 (as amended (1.4.2005) by S.I. 2005/617, art. 1, Sch. para. 161; (18.6.2011) by S.I. 2011/1484, reg. 1(1), Sch. 7 paras. 27, 28; and (22.4.2014) by S.I. 2014/879, arts. 1(1), 47-58)

C17

Pt. 1 (ss. 1-24) applied (with modifications) (1.12.1995) by Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995 (S.I. 1995/2709), art. 3, Sch. 2 (as amended (1.4.2005) by S.I. 2005/617, art. 1, Sch. para. 163; and (22.4.2014) by S.I. 2014/879, arts. 1(1), 61-73)

Supplemental

C1416C15C18C19C16C17C1 Payment of sums under orders made abroad: conversion of currency.

1

Payment of sums due under a registered order shall, while the order is registered in a court in England, Wales or Northern Ireland, be made in such manner and to such person as may be prescribed.

2

Where the sums required to be paid under a registered order are expressed in a currency other than the currency of the United Kingdom, then, as from the relevant date, the order shall be treated as if it were an order requiring the payment of such sums in the currency of the United Kingdom as, on the basis of the rate of exchange prevailing at that date, are equivalent to the sums so required to be paid.

3

Where the sum specified in any statement, being a statement of the amount of any arrears due under a maintenance order made by a court in a reciprocating country, is expressed in a currency other than the currency of the United Kingdom, that sum shall be deemed to be such sum in the currency of the United Kingdom as, on the basis of the rate of exchange prevailing at the relevant date, is equivalent to the sum so specified.

4

For the purposes of this section a written certificate purporting to be signed by an officer of any bank in the United Kingdom certifying that a specified rate of exchange prevailed between currencies at a specified date and that at such rate a specified sum in the currency of the United Kingdom is equivalent to a specified sum in another specified currency shall be evidence of the rate of exchange so prevailing on that date and of the equivalent sums in terms of the respective currencies.

5

In this section “the relevant date” means—

a

in relation to a registered order or to a statement of arrears due under a maintenance order made by a court in a reciprocating country, the date on which the order first becomes a registered order (if earlier) the date on which it is confirmed by a court in the United Kingdom;

b

in relation to a registered order which has been varied, the date on which the last order varying that order is registered in a court in the United Kingdom or (if earlier) the date on which the last order varying that order is confirmed by such a court.

6

In the application of this section to Scotland:—

a

subsection (1) shall not apply;

b

in subsection (4), for the word “evidence” there shall be substituted the words “sufficient evidence”.

C3C14C1117C2 Proceedings in F29the family court in England and Wales or in magistrates’ courts in Northern Ireland

F11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F394

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35A

Where the respondent to an application for the variation or revocation of—

a

a maintenance order made by F30the family court, being an order to which section 5 of this Act applies; or

b

a registered order which is registered in F30the family court,

is residing in a reciprocating country, F30the family court shall have jurisdiction to hear the application (where it would not have such jurisdiction apart from this subsection) if it would have had jurisdiction to hear it had the respondent been F27habitually resident in England and Wales.

F46

Where the respondent to an application for the variation or revocation of—

a

a maintenance order made by a magistrates’ court in Northern Ireland, being an order to which section 5 of this Act applies; or

b

a registered order which is registered in such a court,

is residing in a reciprocating country, a magistrates’ court in Northern Ireland shall have jurisdiction to hear the application (where it would not have jurisdiction apart from this subsection) if it would have had jurisdiction to hear it had the respondent been F28habitually resident in Northern Ireland.

7

Where the F5respondent to F6an application for the variation or revocation—

a

of a maintenance order made by F31the family court in England and Wales or a magistrates' court in Northern Ireland, being an order to which section 5 of this Act applies; or

b

of a registered order registered in F31the family court in England and Wales or a magistrates' court in Northern Ireland,

does not appear at the time and place appointed for the hearing of F6the application, but the court is satisfied that the F5respondent is residing in a reciprocating country, the court may proceed to hear and determine F6the application at the time and place appointed for the hearing or for any adjourned hearing in like manner as if the F5respondent had appeared at that time and place.

F77A

In the application of this section to Northern Ireland, in subsection (7)—

a

for the word “respondent”, in each place where it occurs, there shall be substituted “defendant”; and

b

for the words “an application” and “the application”, in each place where they occur, there shall be substituted “a complaint” and “the complaint” respectively.

F88

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C14C1218C4C5F36Rules of court

F32A1

Rules of court may make provision with respect to the matters that would be mentioned in any of paragraphs (b), (c), (e) and (f) of subsection (1) if references in those paragraphs to a magistrates' court, or to magistrates' courts, were references to the family court.

1

F33The matters referred to in subsections (A1) and (2) are—

a

the circumstances in which anything authorised or required by this Part of this Act to be done by, to or before a magistrates’ court acting F22in a particular F34petty sessions district or by, to or before an officer of that court may be done by, to or before a magistrates’ court acting F22in such other F34petty sessions district as the rules may provide or by, to or before an officer of that court;

b

the orders made, or other things done, by a magistrates’ court, or an officer of such a court, under this Part of this Act, or by a court in a reciprocating country, notice of which is to be given to such persons as the rules may provide and the manner in which such notice shall be given;

c

the cases and manner in which courts in reciprocating countries are to be informed of orders made, or other things done, by a magistrates’ court under this Part of this Act;

d

the cases and manner in which a justices’ clerk may take evidence needed for the purpose of proceedings in a court in a reciprocating country relating to a maintenance order to which this Part of this Act applies;

e

the circumstances and manner in which cases may be remitted by magistrates’ courts to courts in reciprocating countries;

f

the circumstances and manner in which magistrates’ courts may for the purposes of this Part of this Act communicate with courts in reciprocating countries.

F91A

For the purpose of giving effect to this Part of this Act, F23rules of court may make, in relation to any proceedings brought under or by virtue of this Part of this Act, any provision not covered by subsection F35(A1) above which—

a

falls within subsection (2) of section 93 of the Children Act 1989, and

b

may be made in relation to relevant proceedings under that section.

2

Rules with respect to the matters mentioned in subsection (1) above F40(other than paragraph (a)) may be made in accordance with F10Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981 in relation to proceedings or matters in magistrates’ courts in Northern Ireland under this Part of this Act.

F112A

For the purpose of giving effect to this Part of this Act, rules made in accordance with Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981 may make, in relation to any proceedings brought under or by virtue of this Part of this Act, any provision not covered by subsection (2) above which—

a

falls within paragraph (2) of Article 165 of the Children (Northern Ireland) Order 1995, and

b

may be made in relation to relevant proceedings under that Article.

C1419C15C18C19C16C17C6 Rules for sheriff court.

Without prejudice to the generality of the powers conferred on the Court of Session by section 32 of the M1Sheriff Courts (Scotland) Act 1971 to regulate by act of sederunt the procedure of the sheriff court, the said powers shall include power—

a

to prescribe the cases and manner in which courts in by the sheriff, or an officer of the sheriff court, under this Part of this Act, or by a court in a reciprocating country, notice of which is to be given to such persons as the act of sederunt may provide and the manner in which such notice shall be given;

b

to provide that evidence needed for the purpose of proceedings in a court in a reciprocating country relating to a maintenance order to which this Part of this Act applies may, in such cases and manner as the act of sederunt may provide, be taken by a sheriff clerk or sheriff clerk depute;

c

to prescribe the cases and manner in which courts in reciprocating countries are to be informed of decrees granted, or other things done, by the sheriff under this Part of this Act;

d

to prescribe the circumstances and manner in which cases may be remitted by the sheriff to courts in reciprocating countries;

e

to prescribe the circumstances and manner in which the sheriff may for the purposes of this Part of this Act communicate with courts in reciprocating countries.

C1420C15C18C19C16C17C7 Restriction on enforcement of arrears under maintenance order registered in Scotland.

Where a maintenance order is for the time being registered in the sheriff court under this Part of this Act, a person shall not be entitled, except with the leave of the sheriff, to enforce, whether by diligence or otherwise, the payment of any arrears due under the order, if either—

a

the sheriff has made a provisional order under section 9 of this Act revoking the said maintenance order and the arrears accrued after the making of the said provisional order, or

b

the arrears accrued before the commencement of this Part of this Act;

and on any application for leave to enforce the payment of any such arrears, the sheriff may refuse leave, or may grant leave subject to such restrictions and conditions (including conditions as to the allowing of time for payment or the making of payment by instalments) as he thinks appropriate, or may remit the payment of such arrears or of any part thereof.

C14C1321C8C9 Interpretation of Part I.

1

In this Part of this Act—

  • “affiliation order” means an order (however described) adjudging, finding or declaring a person to be the father of a child, whether or not it also provides for the maintenance of the child;

  • “the appropriate court”F37—

    1. a

      in relation to a person residing F12or having assets in England and F38Wales means the family court; and

    2. b

      in relation to a person residing or having assets in Northern Ireland means a magistrates’ court, and in relation to a person residing F12or having assets in Scotland means F13a sheriff court, within the jurisdiction of which that person is residing F14or has assets;

  • “certificate of arrears”, in relation to a maintenance order, means a certificate certifying that the sum specified in the certificate is to the best of the information or belief of the officer giving the certificate the amount of the arrears due under the order at the date of the certificate or, as the case may be, that to the best of his information or belief there are no arrears due thereunder at that date;

  • “certified copy”, in relation to an order of a court, means a copy of the order certified by the proper officer of the court to be a true copy;

  • “court” includes any tribunal or person having power to make, confirm, enforce, vary or revoke a maintenance order;

  • F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “maintenance order” means an order (however described) of any of the following descriptions, that is to say—

    1. a

      an order (including an affiliation order or order consequent upon an affiliation order) which provides for the F16payment of a lump sum or the making of periodical payments towards the maintenance of any person, being a person whom the person liable to make payments under the order is, according to the law applied in the place where the order was made, liable to maintain;

    2. aa

      F17an order which has been made in Scotland, on or after the granting of a decree of divorce, for the payment of a periodical allowance by one party to the marriage to the other party; and

    3. c

      an affiliation order or order consequent upon an affiliation order, being an order which provides for the payment by a person adjudged, found or declared to be a child’s father of expenses incidental to the child’s birth or, where the child has died, of his funeral expenses,

    and, in the case of a maintenance order which has been varied, means that order as varied;

  • “order”, as respects Scotland, includes any interlocutor, and any decree or provision contained in an interlocutor;

  • “payee”, in relation to a maintenance order, means the person entitled to the payments for which the order provides;

  • “payer”, in relation to a maintenance order, means the person liable to make payments under the order;

  • “prescribed”, in relation to a magistrates’ court F24... in Northern Ireland, means prescribed F25... by rules made in accordance with F18Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981, F26... and in relation to any other court means prescribed by rules of court;

  • “provisional order” means (according to the context)—

a

an order made by a court in the United Kingdom which is provisional only and has no effect unless and until confirmed, with or without alteration, by a competent court in a reciprocating country; or

b

an order made by a court in a reciprocating country which is provisional only and has no effect unless and until confirmed, with or without alteration, by a court in the United Kingdom having power under this Part of this Act to confirm it;

  • “reciprocating country” has the meaning assigned to it by section 1 of this Act;

  • “registered order” means a maintenance order which is for the time being registered in a court in the United Kingdom under this Part of this Act;

  • “registering court”, in relation to a registered order, means the court in which that order is for the time being registered under this Part of this Act;

  • “the responsible authority”, in relation to a reciprocating country, means any person who in that country has functions similar to those of the Secretary of State under this Part of this Act.

  • F19“revoke” and “revocation” include discharge.

2

For the purposes of this Part of this Act an order shall be taken to be a maintenance order so far (but only so far) as it relates to the F20payment of a lump sum or the making of periodical payments as mentioned in paragraph (a) of the definition of “maintenance order” in subsection (1) above F21, to the payment of a periodical allowance as mentioned in paragraph (aa) of that definition, or to the payment by a person adjudged, found or declared to be a child’s father of any such expenses as are mentioned in paragraph (b) of that definition.

3

Any reference in this Part of this Act to the payment of money for the maintenance of a child shall be construed as including a reference to the payment of money for the child’s education.