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The Reciprocal Enforcement of Maintenance Orders (Variation) Order 2001

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Article 2

SCHEDULE

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

In section 8 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 as set out in Schedule 3 to the above-mentioned order—

(i)in subsection (3) for the word “clerk” substitute the words “appropriate officer” and after that subsection insert:

(3A) In subsection (3) above “appropriate officer” means—

(a)in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and

(b)in relation to a court elsewhere, the clerk of the court.; and

(ii)in subsection (4A), in the subsection to be regarded as substituted as subsection (5) of that section, for the words—

(a)“the clerk of the court or the clerk of any other magistrates' court”, and

(b)“the clerk of the court, or to the clerk of any other magistrates' court,”,

substitute the words “a justices' chief executive”.

In section 9 of the said Act of 1972 as so set out, in subsection (1ZA)—

(i)in the subsection to be regarded as inserted as subsection (3A) of that section, for the words—

(a)“the clerk of the court or the clerk of any other magistrates' court”, and

(b)“the clerk of the court, or to the clerk of any other magistrates' court,”; and

(ii)in the subsection to be regarded as substituted for subsection (4)(b) of that section for the words “the clerk of the court, or to the clerk of any other magistrates' court”, substitute the words “a justices' chief executive”.

The Reciprocal Enforcement of Maintenance Orders (Republic of Ireland) Order 1993

In section 8 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 as set out in Schedule 2 to the above-mentioned order—

(i)in subsection (3) for the word “clerk” substitute the words “appropriate officer” and after that subsection insert:

(3A) In subsection (3) above “appropriate officer” means—

(a)in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and

(b)in relation to a magistrates' court elsewhere, the clerk of the court.; and

(ii)in subsection (4A), in the subsection to be regarded as substituted as subsection (5) of that section, for the words—

(a)“the clerk of the court or the clerk of any other magistrates' court”, and

(b)“the clerk of the court, or to the clerk of any other magistrates' court,”,

substitute the words “a justices' chief executive”.

The Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995

In section 8 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 as set out in Schedule 3 to the above-mentioned order—

(i)in subsection (3) for the word “clerk” substitute the words “appropriate officer” and after that subsection insert:

(3A) In subsection (3) above “appropriate officer” means—

(a)in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and

(b)in relation to a court elsewhere, the clerk of the court.; and

(ii)in subsection (4A), in the subsection to be regarded as substituted as subsection (5) of that section, for the words—

(a)“the clerk of the court or the clerk of any other magistrates' court”, and

(b)“the clerk of the court, or to the clerk of any other magistrates' court,”,

substitute the words “a justices' chief executive”.

In section 9 of the said Act of 1972 as so set out, in subsection (1ZA)—

(i)in the subsection to be regarded as inserted as subsection (3A) of that section, for the words—

(a)“the clerk of the court or the clerk of any other magistrates' court”, and

(b)“the clerk of the court, or to the clerk of any other magistrates' court,”; and

(ii)in the subsection to be regarded as substituted for subsection (4)(b) of that section for the words “the clerk of the court, or to the clerk of any other magistrates' court,”,

substitute the words “a justices' chief executive”.

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