Part I Implementation of the Conventions
Supplementary provisions as to recognition and enforcement of judgments
C15 Recognition and enforcement of maintenance orders.
C21
The function of transmitting to the appropriate court an application under Article 31 F1of the 1968 Convention or of the Lugano Convention for the recognition or enforcement in the United Kingdom of a maintenance order shall be discharged—
F2a
as respects England and Wales and Northern Ireland, by the Lord Chancellor; and
b
as respects Scotland, by the Secretary of State.
In this subsection “the appropriate court” means the magistrates’ court or sheriff court having jurisdiction in the matter in accordance with the second paragraph of Article 32.
2
Such an application shall be determined in the first instance by the prescribed officer of that court.
3
Where on such an application the enforcement of the order is authorised to any extent, the order shall to that extent be registered in the prescribed manner in that court.
4
A maintenance order registered under this section shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the order had been originally made by the registering court.
5
Subsection (4) is subject to Article 39 (restriction on enforcement where appeal pending or time for appeal unexpired), to section 7 and to any provision made by rules of court as to the manner in which and conditions subject to which an order registered under this section may be enforced.
F35A
A maintenance order which by virtue of this section is enforceable by a magistrates’ court in England and Wales F4shall, subject to the modifications of sections 76 and 93 of the Magistrates’ Courts Act 1980 specified in subsections (5B) and (5C) below, be enforceable in the same manner as a magistrates’ court maintenance order made by that court.
In this subsection “magistrates’ court maintenance order” has the same meaning as in section 150(1) of the M1Magistrates’ Courts Act 1980.
F55B
Section 76 (enforcement of sums adjudged to be paid) shall have effect as if for subsections (4) to (6) there were substituted the following subsections—
4
Where proceedings are brought for the enforcement of a magistrates’ court maintenance order under this section, the court may vary the order by exercising one of its powers under subsection (5) below.
5
The powers of the court are—
a
the power to order that payments under the order be made directly to the clerk of the court or the clerk of any other magistrates’ court;
b
the power to order that payments under the order be made to the clerk of the court, or to the clerk of any other magistrates’ court, by such method of payment falling within section 59(6) above (standing order, etc.) as may be specified;
c
the power to make an attachment of earnings order under the M2Attachment of Earnings Act 1971 to secure payments under the order.
6
In deciding which of the powers under subsection (5) above it is to exercise, the court shall have regard to any representations made by the debtor (within the meaning of section 59 above).
7
Subsection (4) of section 59 above (power of court to require debtor to open account) shall apply for the purposes of subsection (5) above as it applies for the purposes of that section but as if for paragraph (a) there were substituted—
a
the court proposes to exercise its power under paragraph (b) of section 76(5) below, and
5C
In section 93 (complaint for arrears), subsection (6) (court not to impose imprisonment in certain circumstances) shall have effect as if for paragraph (b) there were substituted—
b
if the court is of the opinion that it is appropriate—
i
to make an attachment of earnings order; or
ii
to exercise its power under paragraph (b) of section 76(5) above.
6
A maintenance order which by virtue of this section is enforceable by a magistrates’ court in F6England and Wales or Northern Ireland F7shall, subject to the modifications of Article 98 of the Magistrates’ Courts (Northern Ireland) Order 1981 specified in subsection (6A) below, be enforceableF8as an order made by that court to which that Article applies.
F96A
Article 98 (enforcement of sums adjudged to be paid) shall have effect—
a
as if for paragraph (7)(a) there were substituted the following paragraph—
a
if the court is of the opinion that it is appropriate—
i
to make an attachment of earnings order; or
ii
to exercise its power under paragraph (8C)(b);
b
as if for paragraphs (8B) to (8D) there were substituted the following paragraphs—
8B
Upon the appearance of a person or proof of service of the summons on him as mentioned in paragraph (4) for the enforcement of an order to which this Article applies, the court or resident magistrate may vary the order by exercising one of the powers under paragraph (8C).
8C
The powers mentioned in paragraph (8B) are—
a
the power to order that payments under the order be made directly to the collecting officer;
b
the power to order that payments under the order be made to the collecting officer by such method of payment falling within Article 85(7) (standing order, etc.) as may be specified;
c
the power to make an attachment of earnings order under Part IX to secure payments under the order.
8D
In deciding which of the powers under paragraph (8C) is to be exercised, the court or, as the case may be, a resident magistrate shall have regard to any representations made by the debtor (within the meaning of Article 85).
8E
Paragraph (5) of Article 85 (power of court to require debtor to open account) shall apply for the purposes of paragraph (8C) as it applies for the purposes of that Article but as if for sub-paragraph (a) there were substituted—
“
the court proposes to exercise its power under sub-paragraph (b) of Article 98(8C), and
7
The payer under a maintenance order registered under this section in a magistrates’ court in England and Wales or Northern Ireland shall give notice of any change of address to the clerk of that court.
A person who without reasonable excuse fails to comply with this subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding F10level 2 on the standard scale.