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Maintenance Orders (Reciprocal Enforcement) Act 1972

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18 Magistrates’ courts rules.E+W+S+N.I.
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(1)Without prejudice to the generality of the power to make rules under [F1section 144 of the M1Magistrates’ Courts Act 1980] (magistrates’ courts rules), provision may be made by such rules with respect to any of the following matters, namely—

(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 for a particular petty sessions area or by, to or before an officer of that court may be done by, to or before a magistrates’ court acting for such other petty sessions area 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.

[F2(1A)For the purpose of giving effect to this Part of this Act, rules made under section 144 of the Magistrates’ Courts Act 1980 may make, in relation to any proceedings brought under or by virtue of this Part of this Act, any provision not covered by subsection (1) 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 may be made in accordance with [F3Article 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.

[F4(2A)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.]

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