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

2.—(1) Section 2 shall be amended as follows.

(2) In subsection (1)–

(a) for the words “before or after the commencement of this Part of this Act” there shall be substituted the words “before, on or after 5th April 1993”;

(b) the words “or has assets” shall be omitted;

(c) for the word “reciprocating” there shall be substituted the words “Hague Convention”; and

(d) before the word “enforcement” there shall be inserted the words “recognition and”.

(3) In subsection (2), for the words “provisional order” there shall be substituted the words “maintenance order made under section 3 of this Act”.

(4) In subsection (4)–

(a) the words “or has assets” shall be omitted;

(b) for the word “reciprocating” where it first occurs there shall be substituted the words “Hague Convention”;

(c) for paragraph (b), there shall be substituted–

“(b) a certificate signed by that officer certifying that the order is enforceable and that it is no longer subject to the ordinary forms of review;”;

(d) the words “and the nature and location of his assets in that country”, in both places where they occur, shall be omitted;

(e) in paragraph (e), the word “and” shall be omitted;

(f) after paragraph (f), there shall be inserted:

“(g) a written statement signed by that officer as to whether or not the payer appeared in the proceedings in which the maintenance order was made and, if he did not appear, the original or a certified copy of a document which establishes that notice of the institution of the proceedings, including notice of the substance of the claim, was served on the payer;

(h) a document which establishes that notice of the order was sent to the payer; and

(i) a written statement signed by that officer as to whether or not the payee received legal aid either in the said proceedings or in connection with the said application,”;

(g) after the words “that officer” where they last occur there shall be inserted the words “, in the case of a court in England and Wales or Northern Ireland, to the Lord Chancellor, or in the case of a court in Scotland,”;

(h) after the words “transmitted by” there shall be inserted the words “the Lord Chancellor, or, as the case may be,”; and

(i) for the words “responsible authority in the reciprocating country” there shall be substituted the words “appropriate authority in the Hague Convention country”.

(5) In subsection (5), after the words “applies, and” there shall be inserted the words “subject to section 5”.