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The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993

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8.  (1)  Section 8 shall be amended as follows.

(2) In subsection (1), for the words “subsection (2)” there shall be substituted the words “subsections (2), (2A) and (2B)”.

(3) After subsection (2), there shall be inserted–

(2A) Where in a maintenance order made in a Hague Convention country there are provisions which are not enforceable under this Part of this Act, this section shall apply only to the remaining provisions of the order.

(2B) The payee under a registered order may request the partial enforcement of that order..

(4) In subsection (4), after the words “magistrates' court” where they first occur, there shall be inserted the words “in England and Wales”.

(5) In subsection (5), the words “or facilitating the enforcement of” shall be omitted.

(6) For subsections (7), (8) and (9) there shall be substituted–

(7) Subject to subsection (8) below, a sum of money payable under a registered order shall be payable in accordance with the order, or such part thereof as the payee may have requested should be enforced, as from the date on which the order took effect.

(8) Where a registered order was made by a court in a Hague Convention country before the date of the entry into force of the Hague Convention between the United Kingdom and that country, no sum of money falling due before that date shall be payable in accordance with the order.

(9) In the application of this section to Scotland–

(a)subsections (2) to (5) shall be omitted; and

(b)in subsection (6), for the word “evidence” there shall be substituted the words “sufficient evidence”..

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