(1)Subject to the following provisions of this section, a court in England shall have jurisdiction in proceedings under section four of the Summary Jurisdiction (Married Women) Act, 1895, against a man residing in Scotland or Northern Ireland, if the applicant in the proceedings resides in England and the parties last ordinarily resided together as man and wife in England.
(2)It is hereby declared that a court in England has jurisdiction—
(a)in proceedings under the said section four by a woman residing in Scotland or Northern Ireland against a man residing in England ;
(b)in proceedings by or against a person residing in Scotland or Northern Ireland for the revocation, revival or variation of any order made under that section.
(3)The reference in this section to the revocation of an order made under section four of the Summary Jurisdiction (Married Women) Act, 1895, includes a reference to the making of a new order under paragraph (b) of the proviso to section seven of that Act.
(4)Nothing in this section shall be construed as enabling a court to make a separation order under paragraph (a) of section five of the Summary Jurisdiction (Married Women) Act, 1895, against a person residing in Scotland or Northern Ireland.
(1)An order under the Guardianship of Infants Acts, 1886 and 1925, giving the custody of an infant to the mother, whether with or without an order requiring the father to make payments to the mother towards the infant's maintenance, may be made, if the father resides in Scotland or Northern Ireland and the mother and the infant in England, by a court of summary jurisdiction having jurisdiction in the place in which the mother resides.
(2)It is hereby declared that a court of summary jurisdiction in England has jurisdiction—
(a)in proceedings under the said Acts by a person residing in Scotland or Northern Ireland against a person residing in England for an order relating to the custody of an infant (including, in the case of proceedings by the mother, an order requiring the father to make payments to the mother towards the infant's maintenance);
(b)in proceedings by or against a person residing in Scotland or Northern Ireland for the revocation, revival or variation of any such order.
(3)Where proceedings for an order under section five of the Guardianship of Infants Act, 1886, or section four of the Summary Jurisdiction (Married Women) Act, 1895, relating to the custody of an infant are brought in a court of summary jurisdiction in England by a woman residing in Scotland or Northern Ireland, that court shall have jurisdiction to make any order in respect of the infant under the said section five upon the application of the defendant in the proceedings.
(1)A court in England shall have jurisdiction in proceedings under the Bastardy Laws Amendment Act, 1872, or under section forty-four of the National Assistance Act, 1948, or section twenty-six of the Children Act, ,1948, for an affiliation order against a man residing in Scotland or Northern Ireland, if the act of intercourse resulting in the birth of the child or any act of intercourse between the parties which may have resulted therein took place in England.
(2)Where the mother of a child resides in Scotland or Northern Ireland, and the person alleged to be the father in England, a court of summary jurisdiction having jurisdiction in the place in which the person alleged to be the father resides shall have jurisdiction in proceedings by the mother for an affiliation order against him under the Bastardy Laws Amendment Act, 1872.
(3)A court in England by which an affiliation order has been made under any of the enactments mentioned in subsection (1) of this section shall have jurisdiction in proceedings by or against a person residing in Scotland or Northern Ireland for the revocation, revival or variation of that order.
(4)Notwithstanding anything in section three of the Bastardy Laws Amendment Act, 1872, an application under that section for an affiliation order in respect of a child born before the commencement of this Act may be made to a court having jurisdiction by virtue of subsection (1) of this, section at any time within one year after the commencement of this Act, if—
(a)the person alleged to be the father of the child ceased to reside in England before the expiration of one year from the birth of the child; and
(b)the circumstances are such that if that person had become resident in England immediately before the application, the court would have had jurisdiction in proceedings under the said section three apart from the provisions of this section.
(1)A court of summary jurisdiction in England shall have jurisdiction in proceedings against a person residing in Scotland or Northern Ireland—
(a)for a contribution order under section eighty-seven of the Children and Young Persons Act, 1933 (which provides for the recovery from parents of sums in respect of children and young persons who are committed to the care of a fit person or otherwise dealt with under that Act or the Children Act, 1948);
(b)for an order under section forty-three of the National Assistance Act, 1948 (which provides for the recovery from spouses or parents of sums in respect of assistance given under that Act).
(2)A court in England by which an order has been made under the said section eighty-seven or the said section forty-three shall have jurisdiction in proceedings by or against a person residing in Scotland or Northern Ireland for the revocation, revival or variation of; that order.
Rules made by the Lord Chancellor under section fifteen of the Justices of the Peace Act, 1949, may make provision for securing that where proceedings are begun against a defendant residing in Scotland or Northern Ireland in a court having jurisdiction by virtue of subsection (1) of section one of this Act, not being a court having jurisdiction in the place where the parties last ordinarily resided together as man and wife, the proceedings may be removed upon the application of the defendant into a court of summary jurisdiction having jurisdiction in that place.
(1)The sheriff shall have jurisdiction in an action at the instance of a married woman against her husband concluding for the payment of aliment to herself and any child of the marriage if—
(a)the husband resides in England or Northern Ireland ; and
(b)the parties last ordinarily resided together as man and wife in Scotland ; and
(c)the pursuer resides within the jurisdiction of the sheriff.
(2)In this section the expression " an action concluding for the payment of aliment" means an action of separation and aliment, an action of adherence and aliment or an action of interim aliment.
An order under the Guardianship of Infants Acts, 1886 and 1925, giving the custody of a pupil child to the mother, whether with or without an order requiring the father to make payments to the mother towards the maintenance of the pupil child, may be made, if the father resides in England or Northern Ireland and the mother and the pupil child in Scotland, by the sheriff within whose jurisdiction the mother resides. .
(1)Subject to the provisions of this section, the sheriff shall have jurisdiction in an action of affiliation and aliment (whether at the instance of the mother of the child or at the instance of the National Assistance Board or of a local authority under section forty-four of the National Assistance Act, 1948, or section twenty-six of the Children Act, 1948) if—
(a)the person alleged to be the father resides in England or Northern Ireland ; and
(b)the act of intercourse resulting in the birth of the child or any act of intercourse between the parties which may have resulted therein took place in Scotland ; and
(c)the mother resides within the jurisdiction of the sheriff.
(2)The sheriff shall not by virtue of the foregoing subsection have jurisdiction in such an action as aforesaid in relation to a child born before the commencement of this Act unless—
(a)the child was born within one year before the commencement of this Act; or
(b)the person alleged to be the father of the child made payment of any sums in respect of aliment of the child within one year from the birth of the child; or
(c)the person alleged to be the father of the child has not at any time since the birth of the child been subject to the jurisdiction of any sheriff court in Scotland and the action is commenced within twelve months after the commencement of this Act.
(1)A court in Scotland shall have jurisdiction in proceedings against a person residing in England or Northern Ireland—
(a)for a contribution order under section ninety-one of the Children and Young Persons (Scotland) Act, 1937 (which provides for the recovery from parents of sums in respect of children and young persons who are committed to the care of a fit person or otherwise dealt with under that Act or the Children Act, 1948);
(b)for an order under section forty-three of the National Assistance Act, 1948 (which provides for the recovery from spouses or parents of sums in respect of assistance given under that Act).
(2)A court in Scotland by which an prefer has been made under the said section ninety-one or the said section forty-three shall have jurisdiction in proceedings against a person residing in England or Northern Ireland for the revocation or variation of that order.
(1)Subject to the following provisions of this section, court of summary jurisdiction in Northern Ireland shall have jurisdiction to make an order under section three or section four of the Summary Jurisdiction (Separation and Maintenance) Act (Northern Ireland), 1945, in proceedings against a man residing in England or Scotland, if the applicant in the proceedings resides in Northern Ireland and the parties last ordinarily resided together as man and wife in Northern Ireland.
(2)It is hereby declared that a court in Northern Ireland has jurisdiction—
(a)in proceedings under the said Act by woman residing in England or Scotland against a man residing in Northern Ireland;
(b)in proceedings under section five of the said Act by or against a person residing in England or Scotland for the variation, discharge or suspension of an order made under section three or section four of the said Act.
(3)The reference in this section to the discharge of an order made under section three or section four of the Summary Jurisdiction (Separation and Maintenance) Act (Northern Ireland), 1945, includes a reference to the making of a new order under subsection (2) of section five of that Act.
(4)Nothing in this section shall be construed as enabling a court to make a separation order under paragraph (a) of subsection (1) of section three of the Summary Jurisdiction (Separation and Maintenance) Act (Northern Ireland), 1945, against a person residing in England or Scotland.
(1)A court in Northern Ireland shall have jurisdiction in proceedings under the Illegitimate Children (Affiliation Orders) Act (Northern Ireland), 1924, section twenty-one of the National Assistance Act (Northern Ireland), 1948, section twelve of the Welfare Services Act (Northern Ireland), 1949, or section one hundred and twenty-four of the Children and Young Persons Act (Northern Ireland), 1950, for an affiliation order against a man residing in England or Scotland, if the act of intercourse resulting in the birth of the child or any act of intercourse between the parties which may have resulted therein took place in Northern Ireland.
(2)Where the mother of a child resides in England or Scotland and the person alleged to be the father in Northern Ireland, a court of summary jurisdiction for the petty sessions district in which the person alleged to be the father resides shall have jurisdiction in proceedings by the mother for an affiliation order against him under the Illegitimate Children (Affiliation Orders) Act (Northern Ireland), 1924.
(3)A court in Northern Ireland shall have jurisdiction in proceedings by or against a person residing in England or Scotland for the revocation, revival or variation of an affiliation order made under any of the enactments mentioned in subsection (1) of this section.
(4)Notwithstanding anything in subsection (3) of section two of the Illegitimate Children (Affiliation Orders) Act (Northern Ireland), 1924, an application under that Act for an affiliation order in respect of a child born before the commencement of this Act may be made to a court having jurisdiction by virtue of subsection (1) of this section at any time within one year after the commencement of this Act if—
(a)the person alleged to be the father of the child ceased to reside in Northern Ireland before the expiration of one year from the birth of the child ; and
(b)the circumstances are such that if that person had become resident in Northern Ireland immediately before the application, the court would have had jurisdiction in proceedings under the said Act apart from the provisions of this section.
(1)A court of summary jurisdiction in Northern Ireland shall have jurisdiction in proceedings against a person residing in England or Scotland—
(a)for a contribution order under section one hundred and twenty-two of the Children and Young Persons Act (Northern Ireland), 1950 (which provides for the recovery from parents of sums in respect of children and young persons received into care or otherwise dealt with under that Act);
(b)for an order under section twenty of the National Assistance Act (Northern Ireland), 1948, or section eleven of the Welfare Services Act (Northern Ireland), 1949 (which provide for the recovery from spouses or parents of sums in respect of assistance or accommodation given or provided under those Acts).
(2)A court of summary jurisdiction in Northern Ireland shall have jurisdiction in proceedings by or against a person residing in England or Scotland for the variation or rescission of any contribution order made under the said section one hundred and twenty-two.
(1)Proceedings begun against a defendant residing in England or Scotland in a court having jurisdiction by virtue of subsection (1) of section ten of this Act, not being a court having jurisdiction in the place where the parties last ordinarily resided together as man and wife, may be removed, upon application made by the defendant in accordance with rules made by the Lord Chief Justice of Northern Ireland, into a court of summary jurisdiction having jurisdiction in that place.
(2)The Lord Chief Justice of Northern Ireland shall have power to make rules for the purposes of this section.
The provisions of the enactments specified in the First Schedule to this Act shall have effect subject to the modifications set out in that Schedule, being modifications consequential on the foregoing provisions of this Part of this Act.
(1)Where proceedings are begun in a court having jurisdiction under or by virtue of this Part of this Act against a person residing in another part of the United Kingdom, any summons or initial writ addressed to him in the proceedings may, if endorsed in accordance with the provisions of this section in that part of the United Kingdom, be served within that part of the United Kingdom as if it had been issued or authorised to be served, as the case may be, by the endorsing authority.
(2)A summons or writ may be endorsed under this section, in England by a justice of the peace, in Scotland by a sheriff, and in Northern Ireland by a resident magistrate; and the endorsement shall be made in the form numbered 1 in the Second Schedule to this Act, or any form to the like effect.
(3)In any proceedings in which a summons or writ is served under this section, the service may be proved by means of a declaration made in the form numbered 2 in the Second Schedule to this Act, or any form to the like effect, before a justice of the peace, sheriff, or resident magistrate, as the case may be.
(4)Nothing in this section shall be construed as authorising the service of a summons or writ otherwise than personally.
(5)Section four of the Summary Jurisdiction (Process) Act, 1881, shall not apply to any process which may be served under this section; and nothing in this section or in any other enactment shall be construed as authorising the execution in one part of the United Kingdom of a warrant for the arrest of a person who fails to appear in answer to any such process issued in another part of the United Kingdom.