Maintenance Orders (Reciprocal Enforcement) Act 1972

Supplemental provisions U.K.

43

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(2),(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F1 S. 43(1) repealed by Legal Aid Act 1974 (c. 4), Sch. 5 Pt. I

F2 S. 43(2)(3) repealed by S.I. 1981/228 (N.I. 8), Sch. 4

[F3 43A Eligibility for Legal Aid in Scotland. U.K.

(1) In connection with proceedings under Part I of this Act in relation to a maintenance order made by a court in a reciprocating country, where there is produced a certificate from the responsible authority in that country to the effect that the payee would, in that country, be financially eligible for complete or partial—

(i) legal aid; or

(ii) exemption from costs or expenses, in proceedings there in relation to that maintenance order, [F4 section 2(1) and (6)(c), 3 and 4 of the M1 Legal Aid (Scotland) Act 1967][F4 sections 15 and 17 of the Legal Aid (Scotland) Act 1986] shall not apply in respect of the payee and, subject to the other provisions of that Act. legal aid shall under that Act be available to the payee without inquiry into the payee’s resources.

(2) In connection with proceedings under Part II of this Act—

(a) arising out of an application received from a convention country for the recovery of maintenance; or

(b) relating to an order made in respect of such an application,

where there is produced a certificate from the appropriate authority in that county to the effect that the applicant would, in that country, be financially eligible for complete or partial—

(i) legal aid; or

(ii) exemption from costs or expenses, in proceedings there for the recovery of maintenance, [F5 sections 2(1) and (6)(c), 3 and 4 of the said Act of 1967][F5 sections 15 and 17 of the said Act of 1986] shall not apply in respect of the applicant and, subject to the other provisions of that Act, legal aid shall under that Act be available to the applicant without inquiry into the applicant’s resources.

(3) Where, in connection with proceedings under Part I or II of this Act, a person has received legal aid by virtue of subsection (1) or (2) above, [F6 legal advice and assistance under the M2 Legal Advice and Assistance Act 1972 shall, notwithstanding—

(i) any finanacial conditions imposed by, or by virtue of sections 1 and 4(2), (3) and (4); and

(ii) in relation to the effect of subsections (1) to (4) and (7) of section 4 of the said Act of 1967, the provisions of section 6(1)(b), of the said Act of 1972 (but subject otherwise to the provisions of the said Act of 1972)][F6 advice and assistance under the said Act of 1986, shall, notwithstanding any financial conditions or requirements to make contributions imposed by sections 8 and 11 of that Act,], be available in Scotland for that person, without inquiry into his resources, in connection with any matter incidental to, or arising out of, those proceedings.

(4) In subsection (1) above “maintenance order”, “reciprocating country”, “responsible authority” and “payee” have the same meanings respectively as in Part I of this Act; and in subsection (2) above “convention country” means a country or territory specified in an Order in Council under section 25(1) of this Act, “maintenance” has the same meaning as in Part II of this Act, and “appropriate authority” means the authority from which the Secretary of State received the application.]

Textual Amendments

F3 S. 43A inserted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 61, 89

F4 Words substituted (S.) by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), ss. 45, 46(4), Sch. 3 para. 2(2)

F5 Words substituted (S.) by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), ss. 45, 46(4), Sch. 3 para. 2(3)

F6 Words substituted (S.) by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), ss. 45, 46(4), Sch. 3 para. 2(4)

Marginal Citations

M1 1967 c. 43.

M2 1972 c. 50

44 Exclusion of certain enactments relating to evidence. U.K.

(1) Section 20 of the M3 Family Law Reform Act 1969 (power of court hearing certain proceedings to require use of blood tests to determine paternity) and any corresponding enactment of the Parliament of Northern Ireland shall not apply to any proceedings under this Act, but the foregoing provision is without prejudice to the power of a court to allow the the report of any person who has carried out such tests to be given in evidence in those proceedings.

(2) [F7 The M4 Evidence (Proceedings in Other Jurisdictions) Act 1975] shall not apply to the taking of evidence in the United Kingdom for the taking of which section 14 or section 38 of this Act provides.

Textual Amendments

F7 Words substituted by Evidence (Proceedings in Other Jurisdictions) Act 1975 (c. 34), Sch. 1

Marginal Citations

M3 1969 c. 48.

M4 1975 c. 34.

45 Orders in Council. U.K.

(1) An Order in Council under section 1, section 25 or section 40 of this Act may be varied or revoked by a subsequent Order in Council thereunder, and an Order made by virtue of this section may contain such incidental, consequential and transitional provisions as Her Majesty considers expedient for the purposes of that section.

(2) An Order in Council made under the said section 1 or the said section 40 shall be subject to annulment in pursuance of a resolution of either House of Parliament.

46 Financial provisions. U.K.

There shall be paid out of moneys provided by Parliament—

(a) any sums ordered by a court under section 14(2) or 38(3) of this Act to be paid out of moneys so provided; and

(b) any increase attributable to the provisions of this Act in the sums payable under [F8 the M5 Legal Aid Act 1974] or the M6 Legal Aid (Scotland) Act 1967 out of moneys so provided.

Textual Amendments

F8 Words substituted by virtue of Legal Aid Act 1974 (c. 4), s. 42(3)

Marginal Citations

M5 1974 c. 4.

M6 1967 c. 43.

47 Interpretation: general. U.K.

(1) In this Act—

• “enactment” includes an enactment of the Parliament of Northern Ireland;

• “magistrates’ court”, in relation to Northern Ireland, means a court of summary jurisdiction within the meaning of [F9 Article 2(2)(a) of the Magistrates’ Courts (Northern Ireland) Order 1981].

(2) References in this Act to a part of the United Kingdom are references to England and Wales, to Scotland, or to Northern Ireland.

F10 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied, by or under any other enactment.

Textual Amendments

F9 Words substituted by S.I. 1981/1675 (N.I. 26), Sch. 6 Pt. I para. 26

F10 S. 47(3) repealed (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 66(6), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

Modifications etc. (not altering text)

C1 Reference to an enactment of the Parliament of Northern Ireland to be construed as including a reference to a Measure of the Northern Ireland Assembly: Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 1

48 Special provisions relating to Northern Ireland. U.K.

F11 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Any reference in this Act to an enactment of the Parliament of Northern Ireland or to an enactment which that Parliament has power to amend, shall be construed, in relation to Northern Ireland, as a reference to that enactment as amended or extended by any Act of that Parliament, whether passed before or after this Act, and to any enactment of that Parliament passed after this Act and re-enacting the said enactment with or without modifications.

(4) If the Parliament of Northern Ireland passes any enactment for purposes similar to those of any enactment in force in England and Wales which is referred to in this Act, Her Majesty may by Order in Council direct that this Act shall have effect subject to such modifications or adaptations as may be specified in the Order for the purpose of ensuring the continued operation of this Act in, or in relation to, Northern Ireland.

(5) Section 45 of this Act shall apply in relation to an Order in Council under subsection (4) above as it applies in relation to an Order in Council under section 1 or 40 of this Act.

[F13 (6) In the application of this Act to Northern Ireland, for any reference to the Lord Chancellor (including any reference which is treated as a reference to the Lord Chancellor, but not including any such reference in section 49(2)) there shall be substituted a reference to the Department of Justice in Northern Ireland.]

Textual Amendments

F11 S. 48(1) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 18 para. 6(2) (with arts. 28-31)

F12 S. 48(2) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

F13 S. 48(6) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 18 para. 6(3) (with arts. 28-31)

Modifications etc. (not altering text)

C2 Reference to an enactment of the Parliament of Northern Ireland to be construed as including a reference to a Measure of the Northern Ireland Assembly: Northern Ireland Constitution Act 1973 (c. 36), Sch, 5 para. 1

49 Short title and commencement. U.K.

(1) This Act may be cited as the Maintenance Orders (Reciprocal Enforcement) Act 1972.

(2) This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions of this Act, or for different purposes.

Subordinate Legislation Made

P1 Power of appointment conferred by s. 49(2) partly exercised: S.I. 1974/517, 1975/377 (Act wholly in force except for s. 22(2))