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Civil Jurisdiction and Judgments Act 1982

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This is the original version (as it was originally enacted).

PART IIIReciprocal Enforcement Founded on Presence of Assets

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

8The Maintenance Orders (Reciprocal Enforcement) Act 1972 is amended as follows.

9In section 2 (transmission of United Kingdom order for enforcement in reciprocating country)—

(a)in subsections (1) and (4), after " residing " insert " or has assets " ; and

(b)in subsection (4), after " whereabouts of the payer ", in both places where it occurs, insert " and the nature and location of his assets in that country ".

10In section 6 (registration in United Kingdom of order made in reciprocating country)—

(a)in subsection (2), after " residing " insert " or has assets " ; and

(b)in subsection (4)—

(i)after " is residing " insert " or has assets " ;

(ii)for " so residing " substitute " residing and has no assets within the jurisdiction of the court " ; and

(iii)at the end insert " and the nature and location of his assets ".

11In section 8(5) (duty of magistrates' court and its officers to take prescribed steps for enforcing registered orders), after " enforcing " insert " or facilitating the enforcement of ".

12In section 9 (variation and revocation of orders), after the subsection (1A) inserted by paragraph 4(1) of this Schedule, insert—

(1B)The registering court shall not vary or revoke a registered order if neither the payer nor the payee under the order is resident in the United Kingdom..

13(1)Section 10 (cancellation of registration and transfer of orders) is amended as follows.

(2)In subsection (2), for " has ceased to reside within the jurisdiction of that court," substitute " is not residing within the jurisdiction of that court and has no assets within that jurisdiction against which the order can be effectively enforced, ".

(3)In subsection (3), after " residing " insert " or has assets ".

(4)In subsection (5), for " still residing " substitute " residing or has assets ".

(5)In subsection (6)—

(a)after " is residing " insert " or has assets " ; and

(b)for " so residing " insert " residing and has no assets within the jurisdiction of the court ".

(6)In subsection (7)(b), after " payer " insert " and the nature and location of his assets ".

14In section 11(1) (steps to be taken where payer is not residing in the United Kingdom)—

(a)before " it appears " insert " at any time " ;

(b)for the words from " in the United Kingdom " to " therein, " substitute " and has no assets in the United Kingdom, " ; and

(c)after " payer " in paragraph (c) insert " and the nature and location of his assets ".

15In section 21(1) (interpretation of Part I), in the definition of " the appropriate court "—

(i)after " residing ", in the first and second places where it occurs, insert " or having assets " ;

(ii)for " the sheriff court" substitute " a sheriff court " ; and

(iii)after " residing ", where it last occurs, insert" or has assets ".

16In section 24 (application of Part I to certain orders and proceedings under [1920 c. 33.] Maintenance Orders (Facilities for Enforcement) Act 1920), in paragraph (a)(i) and (ii), after " residing " insert " or having assets ".

17In section 40 (power to apply Act with modifications by Order in Council)—

(a)in paragraph (a), omit " against persons in that country or territory " ; and

(b)in paragraph (b), omit " against persons in the United Kingdom ".

18In section 47 (interpretation), in subsection (3) (construction of references to a court's jurisdiction), after " the reference is" insert " to assets being located or " and omit the words " or having ceased to reside ".

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