The Recovery Abroad of Maintenance (Convention Countries) Order 1996

Statutory Instruments

1996 No. 1925

MAINTENANCE OF DEPENDANTS

The Recovery Abroad of Maintenance (Convention Countries) Order 1996

Made

23rd July 1996

Coming into force

1st September 1996

At the Court at Buckingham Palace, the 23rd day of July 1996

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred by sections 25(1) and 45(1) of the Maintenance Orders (Reciprocal Enforcement) Act 1972(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

1.  This Order may be cited as the Recovery Abroad of Maintenance (Convention Countries) Order 1996 and shall come into force on 1st September 1996.

2.—(1) It is hereby declared that Australia, Bosnia and Herzegovina, Cape Verde, Croatia, Cyprus, the Czech Republic, Mexico, New Zealand, Romania, Slovakia, Slovenia, the former Yugoslav Republic of Macedonia and Uruguay, being countries or territories outside the United Kingdom to which the United Nations Convention on the Recovery Abroad of Maintenance done at New York on 20th June 1956 extends, are convention countries for the purposes of Part II of the Maintenance Orders (Reciprocal Enforcement) Act 1972.

(2) The Schedule to the Recovery Abroad of Maintenance (Convention Countries) Order 1975(2) shall be varied by inserting:—

(a) after the word “Algeria”, the word “Australia”;

(b) after the word “Belgium”, the words “Bosnia and Herzegovina”;

(c) after the word “Brazil”, the words “Burkina Faso”;

(d) after the words “Burkina Faso”, the words “Cape Verde”;

(e) after the word “Chile”, the word “Croatia”;

(f) after the word “Croatia”, the word “Cyprus”;

(g) after the word “Luxembourg”, the word “Mexico”;

(h) after the words “Netherlands (Kingdom in Europe and Netherlands Antilles)”, the words “New Zealand”;

(i) after the word “Portugal”, the word “Romania”;

(j) after the word “Romania”, the word “Slovakia”;

(k) after the word “Slovakia”, the word “Slovenia”;

(l) after the word “Switzerland”(3), the words “the former Yugoslav Republic of Macedonia”;

(m) after the word “Turkey”, the word “Uruguay”.

(3) The said Schedule shall be further varied by:—

(a) substituting the words “Czech Republic” for the word “Czechoslovakia”;

(b) deleting the words “Upper Volta”;

(c) deleting the words “Federal Republic of, and Berlin (West)” after the word “Germany”;

(d) deleting the words “French Territory of the Afars and Issas” after the words “French Polynesia”;

(e) in respect of the entry relating to the Netherlands, substituting “,” for the word “and” after the word “Europe” and inserting after the word “Antilles”, the word “and Aruba”.

N H Nicholls

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order declares that Australia, Bosnia and Herzegovina, Cape Verde, Croatia, Cyprus, the Czech Republic, Mexico, New Zealand, Romania, Slovakia, Slovenia, the former Yugoslav Republic of Macedonia and Uruguay are convention countries for the purposes of Part II of the Maintenance Orders (Reciprocal Enforcement) Act 1972 and adds those countries to the list of countries and territories (set out in the Schedule to the Recovery Abroad of Maintenance (Convention Countries) Order 1975) to which the United Nations Convention on the Recovery Abroad of Maintenance, done at New York on 20th June 1956, extends. In addition, the opportunity has been taken to up-date other references.

(1)

1972 c. 18.

(2)

S.I. 1975/423; the relevant amending instruments are S.I. 1978/279 and S.I. 1982/1530.

(3)

Switzerland was inserted in the Schedule to S.I. 1975/423 by S.I. 1978/279.