The Armed Forces (Service of Process in Maintenance Proceedings) Regulations 2009

Interpretation

2.—(1) In these Regulations—

“the Act” means the Armed Forces Act 2006;

“maintenance order” means an order made by a court in the United Kingdom or Channel Islands or registered in or confirmed by such a court under the provisions of the Maintenance Orders (Facilities for Enforcement) Act 1920(1) or registered in such a court under Part 1 of the Maintenance Orders (Reciprocal Enforcement) Act 1972(2) or Part 1 of the Civil Jurisdiction and Judgments Act 1982(3) or Council Regulation (EEC) No 44/2001(4) being an order for the payment of any periodical or other sum specified therein for or in respect of—

(a)

the maintenance of the spouse or civil partner of the person against whom the order

is made;

(b)

the maintenance of any child of that person or that person’s spouse or civil partner or of any other child who has been treated by them both as a child of their family;

(c)

any costs incurred in obtaining the order; or

(d)

any costs incurred in proceedings on appeal against or for the variation, revocation or revival of any such order;

“relevant person” means a person who is a relevant person, within the meaning of section 355 of the Act, by virtue of subsection (3)(a) of that section.

(2) In the definition of “maintenance order” in paragraph (1) references to a person’s spouse or civil partner include, in relation to an order made in proceedings in connection with the dissolution or annulment of a marriage or civil partnership, a person who would have been that person’s spouse or civil partner if the marriage or civil partnership had subsisted.

(1)

1920 c. 33

(2)

1972 c. 18

(3)

1982 c. 27

(4)

OJ No L12,16.1.01, p1