Part I U.K. Reciprocal Enforcement of Maintenance Orders made in United Kingdom or Reciprocating Country

Modifications etc. (not altering text)

C1 By S.I. 1982/159, art. 3 para. (1) it is provided that the functions of the Secretary of State under this Act insofar as relating to any matter concerning a court in Northern Ireland or a person residing or believed to reside there are transferred to the Lord Chancellor and by art. 3(2) it is provided that any reference to the Secretary of State, so far as necessary for giving effect to para. (1) of art. 3, to be construed as a reference to the Lord Chancellor

C2 Pt. 1 (ss. 1-24) applied (with modifications) (5.4.1993) by Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993 (S.I. 1993/593), art. 3(1)(2), Sch. 2, Sch. 3 (as amended (1.4.2005) by S.I. 2005/617, art. 1, Sch. para. 160; (18.6.2011) by S.I. 2011/1484, reg. 1(1), Sch. 7 paras. 25, 26; (22.4.2014) by S.I. 2014/879, arts. 1(1), 30-44; and (31.12.2020) by S.I. 2019/519, reg. 1(1), Sch. para. 31(3)-(16) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1))

C3 Pt. 1 (ss. 1-24) applied (with modifications) (5.4.1993) by Reciprocal Enforcement of Maintenance Orders (Republic of Ireland) Order 1993 (S.I. 1993/594), art. 2(1)(2), Sch. 1, Sch. 2 (as amended (1.4.2005) by S.I. 2005/617, art. 1, Sch. para. 161; (18.6.2011) by S.I. 2011/1484, reg. 1(1), Sch. 7 paras. 27, 28; and (22.4.2014) by S.I. 2014/879, arts. 1(1), 47-58)

C4 Pt. 1 (ss. 1-24) applied (with modifications) (1.12.1995) by Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995 (S.I. 1995/2709), art. 3, Sch. 2 (as amended (1.4.2005) by S.I. 2005/617, art. 1, Sch. para. 163; and (22.4.2014) by S.I. 2014/879, arts. 1(1), 61-73)

C5 Pt. I applied (with modifications) (1.10.2007) by The Reciprocal Enforcement of Maintenance Orders (United States of America) Order 2007 (S.I. 2007/2005), arts. 1, 4, Sch. 1 (with arts. 5, 6) (as amended (22.4.2014) by S.I. 2014/879, arts. 1(1), 106-117)

C6 Pt. 1 applied (with modifications) (1.10.2007) by The Reciprocal Enforcement of Maintenance Orders (United States of America) (Scotland) Order 2007 (S.S.I. 2007/354), arts. 1(1), 4, Sch. 1, Sch. 2 (with art. 5) (as amended (22.4.2014) by S.I. 2014/879, arts. 1(1), 119, 120)

Supplemental U.K.

21 Interpretation of Part I. U.K.

(1) In this Part of this Act—

• “affiliation order” means an order (however described) adjudging, finding or declaring a person to be the father of a child, whether or not it also provides for the maintenance of the child;

• “the appropriate court”[F1 —]

  (a)

  in relation to a person residing [F2 or having assets] in England and [F3 Wales means the family court; and

  (b)

  in relation to a person residing or having assets] in Northern Ireland means a magistrates’ court, and in relation to a person residing [F2 or having assets] in Scotland means [F4 a sheriff court], within the jurisdiction of which that person is residing [F5 or has assets];

• “certificate of arrears”, in relation to a maintenance order, means a certificate certifying that the sum specified in the certificate is to the best of the information or belief of the officer giving the certificate the amount of the arrears due under the order at the date of the certificate or, as the case may be, that to the best of his information or belief there are no arrears due thereunder at that date;

• “certified copy”, in relation to an order of a court, means a copy of the order certified by the proper officer of the court to be a true copy;

• “court” includes any tribunal or person having power to make, confirm, enforce, vary or revoke a maintenance order;

• F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “maintenance order” means an order (however described) of any of the following descriptions, that is to say—

  (a)

  an order (including an affiliation order or order consequent upon an affiliation order) which provides for the [F7 payment of a lump sum or the making of periodical payments] towards the maintenance of any person, being a person whom the person liable to make payments under the order is, according to the law applied in the place where the order was made, liable to maintain;

  (aa)

  [F8 an order which has been made in Scotland, on or after the granting of a decree of divorce, for the payment of a periodical allowance by one party to the marriage to the other party;] and

  (c)

  an affiliation order or order consequent upon an affiliation order, being an order which provides for the payment by a person adjudged, found or declared to be a child’s father of expenses incidental to the child’s birth or, where the child has died, of his funeral expenses,

  and, in the case of a maintenance order which has been varied, means that order as varied;

• “order”, as respects Scotland, includes any interlocutor, and any decree or provision contained in an interlocutor;

• “payee”, in relation to a maintenance order, means the person entitled to the payments for which the order provides;

• “payer”, in relation to a maintenance order, means the person liable to make payments under the order;

• “prescribed”, in relation to a magistrates’ court F9 ... in Northern Ireland, means prescribed F10 ... by rules made in accordance with [F11 Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981], F12 ... and in relation to any other court means prescribed by rules of court;

• “provisional order” means (according to the context)—

(a) an order made by a court in the United Kingdom which is provisional only and has no effect unless and until confirmed, with or without alteration, by a competent court in a reciprocating country; or

(b) an order made by a court in a reciprocating country which is provisional only and has no effect unless and until confirmed, with or without alteration, by a court in the United Kingdom having power under this Part of this Act to confirm it;

• “reciprocating country” has the meaning assigned to it by section 1 of this Act;

• “registered order” means a maintenance order which is for the time being registered in a court in the United Kingdom under this Part of this Act;

• “registering court”, in relation to a registered order, means the court in which that order is for the time being registered under this Part of this Act;

• “the responsible authority”, in relation to a reciprocating country, means any person who in that country has functions similar to those of the Secretary of State under this Part of this Act.

• [F13 “revoke” and “revocation” include discharge.]

(2) For the purposes of this Part of this Act an order shall be taken to be a maintenance order so far (but only so far) as it relates to the [F14 payment of a lump sum or the making of periodical payments] as mentioned in paragraph (a) of the definition of “maintenance order” in subsection (1) above [F15 , to the payment of a periodical allowance as mentioned in paragraph (aa) of that definition], or to the payment by a person adjudged, found or declared to be a child’s father of any such expenses as are mentioned in paragraph (b) of that definition.

(3) Any reference in this Part of this Act to the payment of money for the maintenance of a child shall be construed as including a reference to the payment of money for the child’s education.

Textual Amendments

F1 Word in s. 21(1) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 40(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2 Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 15(i)

F3 Words in s. 21(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 40(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F4 Words substituted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 15(ii)

F5 Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 15(iii)

F6 Definition repealed by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss.55(a)(i), 89

F7 Words substituted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. I para. 4(2)(a)

F8 Para. (aa) inserted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 55(a)(ii), 89

F9 Words in s. 21(1) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 156(a), Sch. 10; S.I. 2005/910, art. 3(y)

F10 Words in s. 21(1) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 156(b), Sch. 10; S.I. 2005/910, art. 3(y)

F11 Words substituted by S.I. 1981/1675 (N.I. 26), Sch. 6 Pt. I para. 23

F12 Words in s. 21(1) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 156(c), Sch. 10; S.I. 2005/910, art. 3(y)

F13 Words in s. 21(1) added (5.4.1993) by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para.12; S.I. 1993/618, art.2

F14 Words substituted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. I para. 4(2)(b)

F15 Words inserted by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), ss. 55(b), 89

Modifications etc. (not altering text)

C7 Ss. 8-21 applied (28.5.2002) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002 (S.I. 2002/788), art. 4(4)(5)

C8 Ss. 5, 12-15, 17, 18, 21 applied (28.5.2002) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002 (S.I. 2002/788), art. 4(2)(3)

C9 Ss. 8-21 applied (19.6.2008) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2008 (S.I. 2008/1202), arts. 1, 4(5)

C10 S. 21 applied (19.6.2008) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2008 (S.I. 2008/1202), arts. 1, 4(3)