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Maintenance Orders (Reciprocal Enforcement) Act 1992

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This is the original version (as it was originally enacted).

2(1)Section 4 (power of court of summary jurisdiction to confirm maintenance order made out of the United Kingdom) shall be amended as follows.

(2)In subsection (1)—

(a)for the words “summons be issued calling upon the person” there shall be substituted “notice be served on the person informing him that he may attend a hearing at the time and place specified in the notice”, and

(b)for the words “issue such a summons and cause it” there shall be substituted “cause such a notice”.

(3)For subsection (2) there shall be substituted—

(2)A notice required to be served under this section may be served by post.

(4)In subsection (3)—

(a)for the word “summons” there shall be substituted “notice”, and

(b)for the words from “raise any defence” to “no other defence” there shall be substituted “oppose the confirmation of the order on any grounds on which he might have opposed the making of the order in the original proceedings had he been a party to them, but on no other grounds”.

(5)In subsection (4), for the word “summons” there shall be substituted “notice”.

(6)In subsection (5)—

(a)for the words “against whom the summons was issued” there shall be substituted “served with the notice”, and

(b)for the words “any defence” there shall be substituted “establishing any grounds on which he opposes the confirmation of the order”.

(7)In subsection (6A), before paragraph (a) there shall be inserted—

(za)as if in subsection (1) for the words “by order on complaint” there were substituted “on an application being made, by order”.

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