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Civil Jurisdiction and Judgments Act 1982, Cross Heading: Article 36 is up to date with all changes known to be in force on or before 28 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Textual Amendments
F1Sch. 3G inserted (31.12.2020) by Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 4 (with s. 3(1), Sch. 5 para. 8)
(1)For the purposes of applications for recognition and enforcement under Article 10(1) (a) and (b) and cases covered by Article 20(4), “creditor” includes a public body acting in place of an individual to whom maintenance is owed or one to which reimbursement is owed for benefits provided in place of maintenance.
(2)The right of a public body to act in place of an individual to whom maintenance is owed or to seek reimbursement of benefits provided to the creditor in place of maintenance shall be governed by the law to which the body is subject.
(3)A public body may seek recognition or claim enforcement of—
(a)a decision rendered against a debtor on the application of a public body which claims payment of benefits provided in place of maintenance;
(b)a decision rendered between a creditor and debtor to the extent of the benefits provided to the creditor in place of maintenance.
(4)The public body seeking recognition or claiming enforcement of a decision shall upon request furnish any document necessary to establish its right under paragraph 2 and that benefits have been provided to the creditor.]
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