http://www.legislation.gov.uk/uksi/2011/1484The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011texttext/xmlenStatute Law DatabaseJUDGMENTS2024-05-16Expert Participation2024-01-01 These Regulations make provision to facilitate the application of Council Regulation (EC) No 4/2009 (“the Maintenance Regulation”) in the United Kingdom from the 18th June 2011. 2011 No. 1484JudgmentsThe Civil Jurisdiction and Judgments (Maintenance) Regulations 2011Made13th June 2011Laid before Parliament13th June 2011Coming into force18th June 2011The Secretary of State for Justice, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to private international law , makes the following Regulations in exercise of the power under section 2(2) of the European Communities Act 1972.Citation, commencement and extent11These Regulations may be cited as the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, and shall come into force on 18th June 2011.2These Regulations extend to England and Wales, Scotland and Northern Ireland.3An amendment, repeal or revocation made by these Regulations has the same extent as the enactment amended, repealed or revoked.Interpretation2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .The Maintenance Regulation3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Provisions relating to information4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Provisions relating to authentic instruments and court settlements5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Amendments to the Civil Jurisdiction and Judgments Act 19826Schedule 4 (which makes amendments to the Civil Jurisdiction and Judgments Act 1982) has effect.Amendments to the Civil Jurisdiction and Judgments Order 20017. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Allocation of jurisdiction within the United Kingdom8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Consequential amendments9Schedule 7 (which makes consequential amendments) has effect.Review10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Signed by authority of the Secretary of State for JusticeMcNallyMinister of State
Ministry of Justice
SCHEDULE 1THE MAINTENANCE REGULATIONRegulation 3PART 1IntroductoryInterpretation1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Central Authorities2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PART 2Recognition and enforcement of maintenance decisions made by courts in Maintenance Regulation States other than DenmarkApplication of Part 23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Enforcement of maintenance decisions4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PART 3Recognition and enforcement of maintenance decisions made by courts in Denmark etcApplication of Part 35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Recognition and enforcement of maintenance orders6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Proceedings to contest decisions given on appeal in connection with applications for registration7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PART 4Recognition and enforcement of maintenance decisions - generalInterest on judgments8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Currency of payments under maintenance decisions9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Proof and admissibility of certain maintenance decisions and related documents10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PART5ESTABLISHMENT AND MODIFICATION OF MAINTENANCE UNDER THE MAINTENANCE REGULATION11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .SCHEDULE 2PROVISIONS RELATING TO INFORMATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .SCHEDULE 3PROVISIONS RELATING TO AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .SCHEDULE 4AMENDMENTS TO THE CIVIL JURISDICTION AND JUDGMENTS ACT 1982Regulation 61The Civil Jurisdiction and Judgments Act 1982 is amended as follows.2In section 16 (allocation within UK of jurisdiction in certain civil proceedings), in subsection (4) after “Regulation” insert “ , Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 ”.3In section 18 (enforcement of UK judgments in other parts of the UK), in subsection (7) after “section 4 or 5 of this Act” insert “ or by virtue of the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011. ”.4In section 20 (rules as to jurisdiction in Scotland), in subsection (3)—athe words “to the extent that it determines jurisdiction in relation to any matter to which Schedule 8 applies” become paragraph (a);bafter that paragraph insert—; andbto the extent that it relates to any matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011..5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11In Schedule 4 (Chapter II of the Regulation as modified for allocation of jurisdiction within the UK), paragraph 3(b) is repealed.12Paragraph 5 of Schedule 5(proceedings excluded from Schedule 4) is repealed.13In Schedule 8 (rules as to jurisdiction in Scotland), paragraph 2(e) is repealed.SCHEDULE 5AMENDMENTS TO THE CIVIL JURISDICTION AND JUDGMENTS ORDER 2001. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .SCHEDULE 6ALLOCATION WITHIN THE UNITED KINGDOM OF JURISDICTION RELATING TO MAINTENANCE MATTERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .SCHEDULE 7CONSEQUENTIAL AMENDMENTSRegulation 9Maintenance Orders Act 1950 (c.37)11The Maintenance Orders Act 1950 is amended as follows.2In section 15 (service of process), for subsection (1)(a)(vi), substitute—viCouncil Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011; or.3In section 22 (discharge and variation of maintenance orders registered in summary or sheriff courts)—ain subsection (1), at the beginning insert “ Subject to subsection (1ZA), ”;bafter that subsection insert—1ZAThe power under subsection (1) to vary the rate of payments may not be exercised where paragraph 9(2) of Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 applies (restriction on modifying maintenance decision where creditor remains habitually resident in the part of the United Kingdom in which the decision was made)..Maintenance Orders Act 1958 (c.39)21The Maintenance Orders Act 1958 is amended as follows.2Section 1 (application of Part 1) is amended as follows.3In subsection (1A) after “any order” insert “ , decision, settlement or instrument ”.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Administration of Justice Act 1970 (c.31)31The Administration of Justice Act 1970 is amended as follows.2In section 28 (other provisions for the interpretation of Part 2), in subsection (1), in the definition of “maintenance order”—aafter “any order” insert “ , decision, settlement or instrument ”;bfor “such an order” substitute “ one ”;cafter “discharged” insert “ or has otherwise ceased to operate ”.3In Schedule 8 (which lists maintenance orders for the purposes of the Maintenance Orders Act 1958 and Part 2 of the Administration of Justice Act 1970), after paragraph 13A insert—13B1A decision, court settlement or authentic instrument which falls to be enforced by a magistrates' court by virtue of the Maintenance Regulation and the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011.2In this paragraph—“the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;“decision”, “court settlement” and “authentic instrument” have the meanings given by Article 2 of the Maintenance Regulation..Attachment of Earnings Act 1971 (c.32)41The Attachment of Earnings Act 1971 is amended as follows.2In section 2 (principal definitions), in the definition of “maintenance order”—aafter “any order” insert “ , decision, settlement or instrument ”;bfor “such an order” substitute “ one ”;cafter “discharged” insert “ or has otherwise ceased to operate ”.3In Schedule 1 (which lists maintenance orders to which that Act applies) after paragraph 14 insert—14A1A decision, court settlement or authentic instrument which falls to be enforced by a magistrates' court by virtue of the Maintenance Regulation and the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011.2In this paragraph—“the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;“decision”, “court settlement” and “authentic instrument” have the meanings given by Article 2 of that Regulation..Maintenance Orders (Reciprocal Enforcement) Act 1972 (c.18)5In the Maintenance Orders (Reciprocal Enforcement) Act 1972, in section 4 (power of sheriff to make provisional maintenance order)—ain subsection (1), for “Rule 2(5) of Schedule 8 to the Civil Jurisdiction and Judgments Act 1982” substitute “ the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 ”;bafter subsection (6) insert—7In this section, “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark..Matrimonial Causes Act 1973 (c.18)61The Matrimonial Causes Act 1973 is amended as follows.2In section 27 (financial provision orders in case of neglect to maintain), for subsection (2), substitute—2The court may not entertain an application under this section unless it has jurisdiction to do so by virtue of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011..3In section 35 (alteration of agreements by court during lives of parties)—ain subsection (1), for “subsection (3)” substitute “ subsections (1A) and (3) ”;bafter that subsection insert—1AIf an application or part of an application relates to a matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011—athe requirement as to domicile or residence in subsection (1) does not apply to the application or that part of it, butbthe court may not entertain the application or that part of it unless it has jurisdiction to do so by virtue of that Regulation and that Schedule..4In section 52 , in subsection (1), after the definition of “maintenance calculation” insert—“the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;.Domicile and Matrimonial Proceedings Act 1973 (c.45)7In the Domicile and Matrimonial Proceedings Act 1973, in section 10 (ancillary and collateral orders), after subsection (1B) insert—1CIf the application or part of it relates to a matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, the Court of Session or a sheriff court may not entertain the application or that part of it unless it has jurisdiction to do so by virtue of that Regulation and that Schedule.1DIn subsection (1C) “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark..Domestic Proceedings and Magistrates' Courts Act 1978 (c.22)8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Magistrates' Courts Act 1980 (c. 43)9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Matrimonial and Family Proceedings Act 1984 (c. 42)101The Matrimonial and Family Proceedings Act 1984 is amended as follows.2In section 15 (jurisdiction of the court)—ain subsection (1), for “subsection (2)”, substitute “ subsections (1A) and (2) ”;bafter that subsection, insert—1AIf an application or part of an application relates to a matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, those requirements are to determine whether the court has jurisdiction to entertain the application or that part of it.;cin subsection (2)—ithe words from “or by virtue of Council Regulation” to “at p 62)” are repealed;iiin paragraphs (a) and (b), the words “that Regulation or” are repealed;dafter subsection (2) insert—3In this section, “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark..3In section 16 (duty of court to consider whether England and Wales is appropriate venue)—ain subsection (1), at the beginning, insert “ Subject to subsection (3), ”;bafter subsection (2) insert—3If the court has jurisdiction in relation to the application or part of it by virtue of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, the court may not dismiss the application or that part of it on the ground mentioned in subsection (1) if to do so would be inconsistent with the jurisdictional requirements of that Regulation and that Schedule.4In this section, “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark..4In section 28 (circumstances in which a Scottish court may entertain application for financial provision)—ain subsection (1), for “subsection (4)” substitute “ subsections (3A) and (4) ”;bafter subsection (3) insert—3AIf an application or part of an application relates to a matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011—athose requirements are to be satisfied in respect of the application, or that part of it, instead of the requirements set out in subsection (2), andbthe condition mentioned in subsection (3)(e) does not apply.;cin subsection (4)—ithe words from “or by virtue of Council Regulation” to “at p 62)” are repealed;iiin paragraphs (a) and (b) the words “that Regulation or” are repealed;dafter that subsection insert—5“The Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark..Debtors (Scotland) Act 1987 (c.18)111The Debtors (Scotland) Act 1987 is amended as follows.2In section 54 (current maintenance arrestment to be preceded by default)—ain subsection (1)(a)(i), after “(a)” insert “ , (aa) ”;bin subsection (1)(a)(ii), after “(g)” insert “ , (ga) ”;cin subsection (2)(a), for “or (g)” substitute “ , (g) or (ga) ”;dafter subsection (3) insert—4In subsections (1) and (2), “order” includes decision, settlement and instrument.5In the case of a decision, settlement or instrument mentioned in paragraph (aa) of the definition of “maintenance order” in section 106, the reference in subsection (1)(a)(i) to the making of the order is to be construed as a reference—ain the case of a decision, to the making of the decision;bin the case of a settlement, to the approval by or, as the case may be, conclusion before a court of the settlement;cin the case of an instrument, to the authentication by a competent authority of the instrument..3In section 55 (review and termination of current maintenance arrestment)—ain subsection (9), for “or (g)” substitute “ , (g) or (ga) ”;bafter subsection (9) insert—10In subsections (8)(a) and (9), “order” includes decision, settlement and instrument..4In section 66 (recall and variation of conjoined arrestment order)—ain subsection (5), for “or (g)” substitute “ , (g) or (ga) ”;bafter subsection (10) insert—11In subsections (4)(b) and (5), “order” includes decision, settlement and instrument..5In section 73A(4) (arrestment and action of furthcoming: interpretation), in the definition of “decree”, after paragraph (d) insert—daa decision, court settlement or authentic instrument (within the meaning of Article 2 of the Maintenance Regulation) which is enforceable in Scotland by virtue of the Maintenance Regulation and the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011;.6In section 106 (interpretation)—ain the definition of “maintenance order”—iafter paragraph (a) insert—aaa decision, court settlement or authentic instrument (within the meaning of Article 2 of the Maintenance Regulation) which falls to be enforced by the sheriff court by virtue of Section 1 of Chapter IV of the Maintenance Regulation and the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011;;iiafter paragraph (g) insert—gaa decision, court settlement or authentic instrument (within the meaning of Article 2 of the Maintenance Regulation) which is registered in Scotland under the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011;;bafter that definition insert—“the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;.Children Act 1989 (c.41)121Schedule 1 to the Children Act 1989 is amended as follows.2In paragraph 10—ain sub-paragraph (2), for “Where” substitute “ Subject to sub-paragraph (2A), where ”;bafter that sub-paragraph insert—2AIf an application or part of an application relates to a matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011—athe requirement as to domicile or residence in sub-paragraph (2) does not apply to the application or that part of it, butbthe court may not entertain the application or that part of it unless it has jurisdiction to do so by virtue of that Regulation and that Schedule.2BIn sub-paragraph (2A), “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark..3For paragraph 14 substitute—141If an application under paragraph 1 or 2, or part of such an application, relates to a matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, the court may not entertain the application or that part of it unless it has jurisdiction to do so by virtue of that Regulation and that Schedule.2In sub-paragraph (1), “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark..Child Support Act 1991 (c.48)13In section 44 of the Child Support Act 1991, after subsection (3) insert—4The Commission does not have jurisdiction under this section if the exercise of jurisdiction would be contrary to the jurisdictional requirements of the Maintenance Regulation.5In subsection (4) “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark..Social Security Administration Act 1992 (c.5)14In section 108 of the Social Security Administration Act 1992 (reduction of expenditure on income support: certain maintenance orders to be enforceable by the Secretary of State)—ain subsection (4)(a)—iinsert “ or ” at the end of sub-paragraph (ii);iiparagraph (iv) and the “or” immediately preceding it are repealed;bafter that paragraph, but before the “and” immediately following it insert—aato apply for recognition and enforcement of the maintenance order under the Maintenance Regulation, to the extent permitted by Article 64 of that Regulation;;cafter subsection (8) insert—9In this section “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark..Social Security Administration (Northern Ireland) Act 1992 (c.8)15In section 103 of the Social Security Administration Act (Northern Ireland) 1992 (reduction of expenditure on income support: certain maintenance orders to be enforceable by the Department)—ain subsection (4)(a)—iinsert “ or ” at the end of sub-paragraph (ii);iiparagraph (iv) and the “or” immediately preceding it are repealed;bafter that paragraph, but before the “and” immediately following it insert—aato apply for recognition and enforcement of the maintenance order under the Maintenance Regulation, to the extent permitted by Article 64 of that Regulation;;cafter subsection (8) insert—9In this section “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark..Civil Partnership Act 2004 (c.33)161The Civil Partnership Act 2004 is amended as follows.2In section 227 (Scottish ancillary and collateral orders)—ain subsection (3), for “If” substitute “ Subject to subsections (3A) and (3B), if ”;bin subsection (3), for “the application unless—” substitute—the application.3AThe court may not entertain the application if—;cafter the subsection (3A) so formed insert—3BIf the application or part of it relates to a matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, the court may not entertain the application or that part of it unless it has jurisdiction to do so by virtue of that Regulation and that Schedule.;dafter subsection (5) insert—6In this section “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark..3In Schedule 5, in Part 9 (failure to maintain: financial provision (and interim orders)), in paragraph 39—ain sub-paragraph (2) for the words from “unless” to the end substitute “ unless it has jurisdiction to do so by virtue of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011. ”;bafter sub-paragraph (4) insert—5In this paragraph, “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark..4In Schedule 5, in Part 13 (consent orders and maintenance agreements), in paragraph 69—ain sub-paragraph (1) at the beginning insert “ Subject to sub-paragraph (1A), ”;bafter that sub-paragraph, insert—1AIf an application or part of an application relates to a matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011—athe requirement as to domicile or residence in sub-paragraph (1)(b) does not apply to the application or that part of it, butbthe court may not entertain the application or that part of it unless it has jurisdiction to do so by virtue of that Regulation and that Schedule.;cafter sub-paragraph (6) insert—7In this paragraph, “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark..5In Schedule 6, in Part 8 (financial relief in magistrates' courts: supplementary), in paragraph 47 —a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .bafter that sub-paragraph insert—1AIf an application or part of an application for an order under this Schedule relates to a matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, a magistrates' court may not entertain that application or that part of it unless it has jurisdiction to do so by virtue of that Regulation and that Schedule.;cafter sub-paragraph (4) insert—5In this paragraph “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark..6In Schedule 7, in Part 1 (financial relief in England and Wales after overseas dissolution etc of a civil partnership)—ain paragraph 7—iin sub-paragraph (1), at the beginning insert “ Subject to sub-paragraph (6), ”;iiafter sub-paragraph (5) insert—6If an application or part of an application relates to a matter where jurisdiction falls to be determined by the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, those requirements are to determine whether the court has jurisdiction to entertain the application or that part of it.7In sub-paragraph (6) “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark.;bin paragraph 8—iin sub-paragraph (2), at the beginning insert “ Subject to sub-paragraph (4), ”;iiafter sub-paragraph (3) insert—4If the court has jurisdiction in relation to the application or part of it by virtue of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, the court may not dismiss the application or that part of it on the ground mentioned in sub-paragraph (2) if to do so would be inconsistent with the jurisdictional requirements of that Regulation and that Schedule.5In sub-paragraph (4) “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark..7In Schedule 11, in Part 2 (circumstances in which the court may entertain application for financial provision), in paragraph 2 —ain sub-paragraph (1) for “sub-paragraph (4)” substitute “ sub-paragraphs (3A) and (4) ”;bafter sub-paragraph (3) insert—3AIf an application or part of an application relates to a matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011—athose requirements are to be satisfied in respect of the application, or that part of it, instead of the requirements set out in sub-paragraph (2), andbthe condition mentioned in sub-paragraph (3)(c) does not apply.;cin sub-paragraph (4) the words from “or by virtue of Council Regulation” to “p 62)” are repealed;dafter that sub-paragraph insert—5In this paragraph “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark..8In Schedule 15, in Part 8 (failure to maintain: financial provision (and interim orders)), in paragraph 34—ain sub-paragraph (2), for the words from “unless” to the end substitute “ unless it has jurisdiction to do so by virtue of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011. ”;bafter sub-paragraph (4) insert—5In this paragraph “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark..9In Schedule 15, in Part 12 (consent orders and maintenance agreements), in paragraph 62—ain sub-paragraph (1), at the beginning insert “ Subject to sub-paragraph (1A), ”;bafter sub-paragraph (1) insert—1AIf an application or part of an application relates to a matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011—athe requirement as to domicile or residence in sub-paragraph (1)(b) does not apply to the application or to that part of it, butbthe court may not entertain the application or that part of it unless it has jurisdiction to do so by virtue of that Regulation and that Schedule.;cafter sub-paragraph (6) insert—7In this paragraph “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark..10In Schedule 17, in Part 1 (financial relief in Northern Ireland after overseas dissolution etc of a civil partnership)—ain paragraph 7—iin sub-paragraph (1), at the beginning insert “ Subject to sub-paragraph (6), ”;iiafter sub-paragraph (5), insert—6If an application or part of an application relates to a matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, those requirements are to determine whether the court has jurisdiction to entertain the application or that part of it.7In sub-paragraph (6) “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark.;bin paragraph 8—iin sub-paragraph (2), at the beginning insert “ Subject to sub-paragraph (4), ”;iiafter sub-paragraph (3) insert—4If the court has jurisdiction in relation to the application or part of it by virtue of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, the court may not dismiss the application or that part of it on the ground mentioned in sub-paragraph (2) if to do so would be inconsistent with the jurisdictional requirements of that Regulation and that Schedule.5In sub-paragraph (4) “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark..Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (NI)171The Maintenance and Affiliation Orders Act (Northern Ireland) 1966 is amended as follows.2Section 10 (orders to which this Part applies) is amended as follows.3In subsection (5) , after “an order” insert “ , decision, settlement or instrument ”.4After subsection (5), insert—6For the purposes of this section—aa maintenance decision which is enforceable by a court of summary jurisdiction by virtue of Section 1 of Chapter IV of the Maintenance Regulation and the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 is to be deemed to be a maintenance order made by that court;ba maintenance decision which is registered by a court of summary jurisdiction under the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 is to be deemed to be a maintenance order made by that court;can authentic instrument or court settlement which is enforceable by a court of summary jurisdiction by virtue of Article 48 of the Maintenance Regulation (application of provisions relating to maintenance decisions to authentic instruments and court settlements) and the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 is to be deemed to be a maintenance order made by that court.7In subsection (6) —“the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;“authentic instrument” and “court settlement” have the meanings given by Article 2 of the Maintenance Regulation;“maintenance decision” means a decision within the meaning of the Maintenance Regulation..5In section 13A (variation etc, of orders registered in the High Court), in sub-paragraph (1), after “section 10(5)” insert “ or section 10(6) ”.Matrimonial Causes (Northern Ireland) Order 1978 (SI 1978/1045 (NI 15))181The Matrimonial Causes (Northern Ireland) Order 1978 is amended as follows.2In Article 2 (interpretation), in paragraph (2), after the definition of “maintenance calculation” insert—the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark..3In Article 37 (alteration of agreements by the court, or by a court of summary jurisdiction, during lives of the parties)—ain paragraph (1), for “paragraph (3)” substitute “ paragraphs (1A) and (3) ”;bafter that paragraph insert—1AIf an application or part of an application relates to a matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 then—athe requirement as to domicile or residence in paragraph (1) does not apply to the application or that part of it, butbthe court may not entertain the application or that part of it unless it has jurisdiction to do so by virtue of that Regulation and that Schedule..4In Article 49 (jurisdiction of court), for paragraph (5), substitute—5The court shall not entertain an application for financial provision under Article 29 unless it has jurisdiction to do so by virtue of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011..Domestic Proceedings (Northern Ireland) Order 1980 (SI 1980/563 (NI 5))19In the Domestic Proceedings (Northern Ireland) Order 1980, in Article 32 (jurisdiction)—ain paragraph (1), after “Subject to” insert “ paragraph (1A) and to ”;bafter that paragraph, insert—1AIf an application or part of an application for an order under this Order relates to a matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, a court of summary jurisdiction may not entertain that application or that part of it unless it has jurisdiction to do so by virtue of that Regulation and that Schedule.;cafter paragraph (5), insert—6In this Article “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark..Magistrates' Courts (Northern Ireland) Order 1981 (SI 1981/1675 (NI 26))201The Magistrates' Courts (Northern Ireland) Order 1981 is amended as follows.2In Article 86 (revocation, variation, etc of orders for periodical payment), after paragraph (1), insert—1AThe power under paragraph (1) is not exercisable in relation to a maintenance order which falls to be enforced by a court of summary jurisdiction by virtue of—aCouncil Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark and the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011;bCouncil Regulation (EC) No 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters..3Article 87 (remission of arrears and manner in which arrears to be paid) is amended as follows.4After paragraph (1), insert—1AThe power under paragraph (1) is not exercisable in relation to a maintenance order which falls to be enforced by a court of summary jurisdiction by virtue of—aCouncil Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark and the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011;bCouncil Regulation (EC) No 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters..5In paragraph (7), in the definition of “non-Northern Ireland maintenance order”—athe “or” at the end of sub-paragraph (b) is repealed;bat the end of paragraph (c) insert—orda maintenance order which falls to be enforced by a magistrates' court by virtue of Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark and the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011..6In Article 88 (nature of domestic proceedings), in paragraph (a), for the words from “Council Regulation (EC) No 44/2001” to the end, substitute—Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;.7Article 98 , (enforcement of orders for periodical payment of money) is amended as follows.8After paragraph (1), insert—1AThe power in paragraph (1) is exercisable at any time after the expiration of 14 days, and before the expiration of 3 years, from the date of default, or the expiration of any longer limitation period under the law of the State of origin in relation to a maintenance order which falls to be enforced by a court of summary jurisdiction by virtue of Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark and the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011..9After paragraph (11)(b) insert—bbmaintenance orders which fall to be enforced by a court of summary jurisdiction by virtue of Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark, and the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011;.10After paragraph (12) insert—13Paragraph (12) is subject to—aCouncil Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October between the European Community and the Kingdom of Denmark, andbCouncil Regulation (EC) No 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters..Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (SI 1989/677 (NI 4))211The Matrimonial and Family Proceedings (Northern Ireland) Order 1989 is amended as follows.2In Article 19 (jurisdiction of the court)—ain paragraph (1), for “paragraph (2)”, substitute “ paragraphs (1A) and (2) ”;bafter that paragraph insert—1AIf an application or part of an application for an order under this Part relates to a matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, those requirements are to determine whether the court has jurisdiction to entertain the application or that part of it.;cin paragraph (2) the words from “or by virtue of the Council Regulation” to “commercial matters” are repealed;dafter that paragraph, insert—3“The Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark..3In Article 20 (duty of the court to consider whether Northern Ireland is the appropriate venue for the application) —aat the beginning of paragraph (1), insert “ Subject to paragraph (3), ”;bafter paragraph (2), insert—3If the court has jurisdiction in relation to the application or part of it by virtue of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, the court may not dismiss the application or that part of it on the ground mentioned in paragraph (1) if to do so would be inconsistent with the jurisdictional requirements of that Regulation and that Schedule.4“The Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark..Child Support (Northern Ireland) Order 1991 (SI 1991/2628 (NI 23))22In the Child Support (Northern Ireland) Order 1991, in Article 41 (jurisdiction), after paragraph (3) insert—4The Department does not have jurisdiction under this Article if the exercise of jurisdiction would be contrary to the jurisdictional requirements of the Maintenance Regulation.5In paragraph (4) “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark..Children (Northern Ireland) Order 1995 (SI 1995/755 (NI 2))231Schedule 1 to the Children (Northern Ireland) Order 1995 is amended as follows.2In paragraph 12—ain sub-paragraph (2) for “Where” substitute “ Subject to sub-paragraph (2A), where ”;bafter that sub-paragraph, insert—2AIf an application or part of an application relates to a matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011—athe requirement as to domicile or residence in sub-paragraph (2) does not apply to the application or that part of it, butbthe court may not entertain the application or that part of it unless it has jurisdiction by virtue of that Regulation and that Schedule.2BIn sub-paragraph (2A), “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark..3For paragraph 16 substitute—161Where jurisdiction in relation to the subject-matter of an application under paragraph 1 to this Schedule would fall to be determined by the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, the court will not entertain the application unless it has jurisdiction by virtue of the Maintenance Regulation and the 2011 Regulations.2In sub-paragraph (1), “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark..The Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 200124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993251The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993 is amended as follows.2In Schedule 1, references to the following Hague Convention countries are revoked—aDenmark;bFederal Republic of Germany;cFinland;dFrance;eItaly;fLuxembourg;gNetherlands;hPortugal;iRepublic of Estonia;jRepublic of Poland;kSlovakia;lSpain;mSweden;nthe Czech Republic.3Schedule 2 is amended as follows—ain paragraph 3(2), for section 3(1) of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (as substituted by that paragraph) substitute—1This section applies to an application made to a magistrates' court in England and Wales if—athe application is an application for a maintenance order against a person residing in a Hague Convention country, andbthe court has jurisdiction to entertain the application by virtue of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011.;bin paragraph 3(5), in section 3(6D) and (6E) of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (as substituted by that paragraph) for “under this section” substitute “ pursuant to an application to which subsection (1) applies ”;cfor paragraph 3(6) substitute—6For subsection (7)(a) substitute—afor subsection (1) there shall be substituted—1This section applies where a complaint is made to a magistrates' court in Northern Ireland if—athe complaint is a complaint for a maintenance order against a person residing in a Hague Convention country, andbthe court has jurisdiction to entertain the complaint by virtue of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011.;dparagraph 4 is omitted;ein paragraph 5, in section 5 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (as substituted by that paragraph)—iin subsection (1), after “enforcement of the order” insert “ , and in relation to which the court has jurisdiction to entertain proceedings for revocation or variation of that order by virtue of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011. ”;iisubsection (2) is omitted;fin paragraph 9—iin section 9(1) of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (as substituted by paragraph 9(2)), paragraph (b) is omitted;iisection 9(2) of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (as substituted by paragraph 9(4)) is omitted;iiiafter section 9(8) of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (as substituted by paragraph 9(4) insert—8AWhere a registered order was made by a court in a Member State of the European Union which was a Hague Convention country before 18th June 2011, and that court varies the order on or after that date—asubsection (8) does not apply;bthe prescribed officer of the registering court shall record the variation of the order against the original registration.;gfor paragraph 17 substitute—17Subsections (5A) to (7) of section 17 are omitted.;hin paragraph 21(2), after sub-paragraph (e) insert—eaafter that definition insert—“the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;.4In Schedule 3, Part 1 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (as it has effect as set out in that Schedule) is amended as follows—ain section 3—ifor subsection (1) substitute—1This section applies to an application made to a magistrates' court in England and Wales if—athe application is an application for a maintenance order against a person residing in a Hague Convention country, andbthe court has jurisdiction to entertain the application by virtue of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011.;iiin section 3(6D) and (6E) for “under this section” substitute “ pursuant to an application to which subsection (1) applies ”;iiifor subsection (7)(a) substitute—afor subsection (1) there shall be substituted—2This section applies where a complaint is made to a magistrates' court in Northern Ireland if—athe complaint is a complaint for a maintenance order against a person residing in a Hague Convention country, andbthe court has jurisdiction to entertain the complaint by virtue of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011.;bsection 4 is omitted;cin section 5—iin subsection (1), after “enforcement of the order” insert “ , and in relation to which the court has jurisdiction to entertain proceedings for revocation or variation of that order by virtue of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011. ”;iisubsection (2) is omitted;din section 9—iin subsection (1), paragraph (b) is omitted;iisubsection (2) is omitted;iiiafter subsection (8) insert—8AWhere a registered order was made by a court in a Member State of the European Union which was a Hague Convention country before 18th June 2011, and that court varies the order on or after that date—asubsection (8) does not apply;bthe prescribed officer of the registering court shall record the variation of the order against the original registration.;ein section 17, subsections (5) to (7A) are omitted;fin section 21(1), after the definition of “maintenance order” insert—”the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;.261Despite paragraph 25(2), the countries listed in that paragraph are to continue to be Hague Convention countries for the purposes of Part 1 of the Act, as modified by Schedule 2 to the Hague Convention Countries Order, in relation to—aproceedings for the establishment of a maintenance order under section 3 of the Act which are continuing on 18th June 2011 pursuant to an application made before that date, save that where a maintenance order is made in those proceedings on or after that date recognition and enforcement of that order may not be sought pursuant to section 3(6D) and (6E);bproceedings under section 5 of the Act for the variation or revocation of a maintenance order to which that section applies where those proceedings are continuing on 18th June 2011 pursuant to an application made before that date, save that where an order is made in those proceedings on or after that date, section 5(8) does not apply;cproceedings under section 6 of the Act for registration of a maintenance order which are continuing on 18th of June 2011 where the certified copy of the order has been received by the Lord Chancellor or the Secretary of State before that date;denforcement or variation of a registered order pursuant to section 8 or 9 of the Act;ethe cancellation of the registration, or the transfer, of a registered order pursuant to section 10 of the Act;fsteps taken by the Lord Chancellor or the Secretary of State pursuant to section 11 of the Act in relation to a registered order.2In this paragraph—a“the Act” means the Maintenance Orders (Reciprocal Enforcement) Act 1972, and references to particular provisions of the Act are to those provisions as modified by Schedule 2 to the Hague Convention Countries Order;b“the Hague Convention Countries Order” means the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993;c“registered order” has the meaning given in section 21(1) of the Act.The Reciprocal Enforcement of Maintenance Orders (Republic of Ireland) Order 199327The Reciprocal Enforcement of Maintenance Orders (Republic of Ireland) Order 1993 is revoked.281Despite paragraph 27, Part 1 of the Act, as modified by Schedule 1 to the Republic of Ireland Order continues to have effect in relation to—aproceedings for the establishment of a maintenance order under section 3 of the Act which are continuing on 18th June 2011 pursuant to an application made before that date, save that where a maintenance order is confirmed in those proceedings on or after that date, section 3(6C)(b) does not apply;bproceedings for the variation or revocation of a maintenance order under section 5 of the Act which are continuing on pursuant to an application made before that date;cproceedings for registration of a maintenance order under section 6 of the Act which are continuing on 18th June 2011, where the certified copy of the order has been received by the Lord Chancellor or the Secretary of State before that date;denforcement of a registered order pursuant to section 8 of the Act;ethe cancellation of the registration, or the transfer, of a registered order pursuant to section 10 of the Act;fsteps taken by the Lord Chancellor or the Secretary of State pursuant to section 11 of the Act in relation to a registered order.2Despite paragraph 27, where a registered order has been varied or revoked by a court in the Republic of Ireland on or after 18th June 2011—asection 9(2) of the Act applies;bsection 9(3) of the Act has effect as if for “shall register in the prescribed manner any order varying a registered order” there were substituted “shall record the variation of the order against the original registration.”.3In this paragraph—a“the Act” means the Maintenance Orders (Reciprocal Enforcement) Act 1972, and references to particular provisions of the Act are to those provisions as modified by Schedule 1 to the Republic of Ireland Order;b“the Republic of Ireland Order” means the Reciprocal Enforcement of Maintenance Orders (Republic of Ireland) Order 1993;c“registered order” has the meaning given in section 21(1) of the Act.The Armed Forces (Forfeitures and Deductions) Regulations 2009291The Armed Forces (Forfeitures and Deductions) Regulations 2009 are amended as follows.2In Regulation 2, after the definition of the 2000 Council Regulation, insert—“the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;.3In Regulation 8—aafter paragraph (2), insert—2ASubject to paragraph (5), if an external maintenance order is enforceable in the United Kingdom without prior registration by virtue of Section 1 of Chapter IV of the Maintenance Regulation, the Defence Council, or an officer authorised by them, may make an order authorising a deduction to be made from the pay of a relevant person and to be appropriated in or towards satisfaction of a payment which he is required to make under the maintenance order.;bin paragraph (5), after “paragraph”, insert “ (2A) or ”;cin paragraph (10)(a)—iin subparagraph (iii), delete “or”;iiafter subparagraph (iv) insert “ or ”; andiiiinsertvSection 2 of Chapter IV of the Maintenance Regulation;.4In Regulation 9, in subparagraph (2)—aafter (a), delete “or”;bafter (b), insert “ or ”; andcinsert—cthe Maintenance Regulation,.5In Regulation 11, at paragraph (2)(b), for “or 8(2)”, substitute “ , 8(2) or 8(2A) ”.The Civil Legal Aid (Scotland) Regulations 200230In regulation 46 of the Civil Legal Aid (Scotland) Regulations 2002 —aafter paragraph (1)(b) insert—capplication for legal aid is made in relation to proceedings in respect of which a sheriff court has jurisdiction, or an appeal in respect of which the Inner House of the Court of Session has jurisdiction, by virtue of the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 by, or on behalf of, a person—iwho has made an application to the Scottish Ministers under Article 56 of the Maintenance Regulation; oriiwho, in a Member State other than the United Kingdom, benefited in connection with (as the case may be) the decision being made, the authentic instrument being established or the court settlement being approved or concluded, from either—aacomplete or partial legal aid or exemption from costs or expenses; orbbfree proceedings before an administrative authority listed in Annex X to the Maintenance Regulation.;bafter paragraph (2) insert—3In the case of an application made in the circumstances referred to in paragraph (1)(c)(i), the Act is further modified in accordance with regulation 45(2)(a).4In paragraph (1)(c), “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark..

(This note is not part of the Regulations)

These Regulations make provision to facilitate the application of Council Regulation (EC) No 4/2009 (“the Maintenance Regulation”) in the United Kingdom from the 18th June 2011.

Regulation 3 and Schedule 1 make provision for designation of Central Authorities for England and Wales, Scotland and Northern Ireland, and for the enforcement of maintenance decisions made in Member States of the European Union in each part of the United Kingdom in a manner equivalent to maintenance orders made in domestic courts. Part 2 of Schedule 1 applies to orders from Member States which apply the 2007 Hague Protocol on applicable law, and allows for enforcement without prior registration of the order. Part 3 of Schedule 1 applies to orders from Denmark, which does not apply that Protocol (unlike all other Member States except the United Kingdom). Orders from Denmark require registration prior to enforcement. Part 4 of Schedule 1 makes general provision relating to orders from all Member States.

Regulation 4 and Schedule 2 make provision for the sharing of information between the designated Central Authorities of the United Kingdom and certain public bodies designated for the purposes of providing that information under Article 61 of the Maintenance Regulation. Article 61 of the Maintenance Regulation requires the disclosure of specific information to Central Authorities for use in the recovery of maintenance in cross border cases within the European Union.

Regulation 5 and Schedule 3 make the necessary modifications to Schedule 1 to facilitate the enforcement of authentic instruments and court settlements from other Member States, as required by Article 48 of the Maintenance Regulation.

Regulation 6 and Schedule 4 amend the Civil Jurisdiction and Judgments Act 1982 as necessary to take account of the application of the Maintenance Regulation in the European Union.

Regulation 7 and Schedule 5 amend the Civil Jurisdiction and Judgments Order 2001 to take account of the application of the Maintenance Regulation, so that the 2001 Order does not apply to maintenance cases to which the Maintenance Regulation applies.

Regulation 8 and Schedule 6 make provision for the allocation within the United Kingdom of jurisdiction in maintenance matters. The rules of Schedule 6 adapt the jurisdictional rules of the Maintenance Regulation to apply as between the different territorial units of the United Kingdom.

Regulation 9 and Schedule 7 make amendments to legislation consequential upon the application of the Maintenance Regulation in the United Kingdom. In particular, legislation is amended where it provides rules of international jurisdiction which are incompatible with those of the Maintenance Regulation, and where the legislative machinery of enforcement for domestic maintenance orders needs to be adapted to apply to orders to be enforced in the United Kingdom by virtue of the Maintenance Regulation. Provision is also made in relation to the provision of legal aid in Scotland to comply with the legal aid provisions of Chapter V of the Maintenance Regulation (the relevant provision for England and Wales and Northern Ireland is made in separate legislation).

Regulation 10 requires the Secretary of State to review the operation and effect of these Regulations in relation to England and Wales only and publish a report within five years after they come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or be amended, in their application to England and Wales. A further instrument would be needed to revoke the Regulations or to amend them.

1972 c.68. Section 2 was amended by section 27(1)(a) and (b) of the Legislative and Regulatory Reform Act 2006 (c.51) and the Schedule to the European Union (Amendment) Act 2008 (c.7).The European Communities (Designation) (No. 2) Order 2008 (S.I. 2008/1792). Under section 57 of the Scotland Act 1998 (c.46), despite the transfer to the Scottish Ministers of functions in relation to implementation of obligations under Community law in respect of devolved matters, the function of the Secretary of State in relation to implementing those obligations continues to be exercisable by the Secretary of State as regards Scotland. Implementation of obligations under Community law in respect of devolved matters is itself a devolved matter in Northern Ireland. However, the designation of the Secretary of State under the European Communities (Designation) (No 2) Order 2008 in relation to private international law remains exercisable in relation to Northern Ireland. This is despite the designation of Northern Ireland Departments in relation to that matter by virtue of the European Communities (Designation) (No 5) Order 2010 (S.I.2010/2690) as that designation does not restrict the scope of other designations.1982 c.27. The Civil Jurisdiction and Judgments Act 1982 was amended by section 3 of, and Schedule 2 to the Civil Jurisdiction and Judgments Act 1991 (c.12), Article 4 of, and Schedule 2 to S.I.2001/3929, regulations 2, 16 and 17 of S.I. 2009/3131 and section 226(1) of and paragraph 12 of Schedule 5 to the Bankruptcy and Diligence etc (Scotland) Act 2007 (2007 asp 3).Section 15(1) was substituted by section 3 of and paragraph 11 of Schedule 3 to the Administration of Justice Act 1977 (c.38); section 15(1)(a)(vi) was inserted by section 16(5) of the Civil Jurisdiction and Judgments Act 1982 (c.27).Section 1(1A) was inserted by section 27(3) of the Administration of Justice Act 1970 (c.31).Paragraph 13A was inserted by Article 5 of and paragraph 8 of Schedule 3 to S.I.2001/3929.Paragraph 14 was inserted by Article 5 of and paragraph 9 of Schedule 3 to S.I.2001/3929.Section 4(1) was substituted by section 23(2) of and paragraph 3(1) of Schedule 12 to the Civil Jurisdiction and Judgments Act 1982 (c.27).Section 27(2) was amended by section 6(1) of the Domicile and Matrimonial Proceedings Act 1973 (c.45).In Section 52(1), the definition of maintenance calculation was substituted by section 26 of and paragraph 3(1) and (4) of Schedule 3 to the Child Support Pensions and Social Security Act 2000 (c.19).Section 10(1) was amended by section 105(4) of and paragraph 20(2)(a) of Schedule 4 to the Children (Scotland) Act 1995 (c.36). Subsection (1B) of section 10 was inserted by regulation 2(1), and (4) of S.S.I. 2001/36.Section 15(2) was amended by article 5 of and paragraphs 18 and 19 of Schedule 3 to S.I.2001/3929, and by paragraphs 12 and 13 of the Schedule to S.I.2007/1655.Section 28(4) was amended by article 5 of and paragraphs 18 and 20 of Schedule 3 to S.I.2001/3929, and by paragraphs 12 and 14 of the Schedule to S.I.2007/1655.1987 (c.18).Section 108 is prospectively repealed by sections 9(3)(b) and 58(1) of and Schedule 7 to the Welfare Reform Act 2009 (c.24). Subsection (4)(a)(iv) was inserted by article 5 and paragraph 24(c) of the Schedule to S.I.2001/3929, and amended by regulation 5 and paragraph 16 of the Schedule to S.I.2007/1655. Subsection (8) was substituted by section 57(1) of, and paragraph 2 of Schedule 7 to the Child Maintenance and Other Payments Act 2008 (c.6).Section 103 is prospectively repealed by sections 9(3)(b) and 34(1) of and Schedule 4 to the Welfare Reform Act (Northern Ireland) 2010 (c.13). Subsection (4)(a)(iv) was inserted by article 5 and paragraph 24(c) of the Schedule to S.I.2001/3929, and amended by regulation 5 and paragraph 16 of the Schedule to S.I.2007/1655. Subsection (8) was substituted by section 38(1) of, and paragraph 2 of Schedule 4 to the Child Maintenance Act (Northern Ireland) 2008 (c.10).Paragraph 47(4) was inserted by article 2 of and paragraphs 21 and 23 of Schedule 1 to S.I.2006/1016.Paragraph 2(4) was amended by regulation 5 of and paragraph 18 of the Schedule to S.I.2007/1655.Section 10(5) was inserted by section 22(1) of and paragraph 5 of the Schedule to the Maintenance Orders (Reciprocal Enforcement) Act 1972 (c.18).Section 13A was inserted by Article 11 of and paragraph 2 of Schedule 1 to S.I.1993/1576 (N.I.6).In Article 2, the definition of maintenance calculation was substituted by section 6 and paragraph 3 of Schedule 3 to the Child Support Pensions and Social Security Act (Northern Ireland) 2000 (c.4) (N.I.).Article 86 was substituted by Article 7 of S.I.1993/1576 (N.I.6). It is modified by section 9 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (c.18), section 22 of the Maintenance Orders Act 1950 (c.37) and section 13 of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c.35) (N.I.).Article 87 was substituted by Article 9(2) of S.I.1993/1576 (N.I.6). It was amended by Article 5 and paragraphs 13 and 14 of Schedule 3 to S.I.2001/3929 and by regulation 5 and paragraphs 22 and 23 of the Schedule to S.I.2007/1655.Article 88 was amended by sections 15(4) and 36(6) of and Parts 1 and III of Schedule 12 to the Civil Jurisdiction and Judgments Act 1982 (c.27), by Article 5 of and paragraphs 13 and 15 of Schedule 3 to S.I.2001/3929 and by regulation 5 and paragraphs 22 and 24 of the Schedule to S.I.2007/1655.Article 98 is modified by section 5(6A) of the Civil Jurisdiction and Judgments Act 1982 (c.27). Section 5(6A) was inserted by S.I.1993/1576 (N.I.6).Article 98(11) was amended by sections 15(4) and 36(6) of, and Parts I and III of Schedule 12 to, the Civil Jurisdiction and Judgments Act 1982 (c.27), by Article 5 of and paragraph 16 of Schedule 3 to S.I.2001/3929, and by regulation 5 and paragraph 25 of the Schedule to S.I.2007/1655.S.I. 1993/593S.I. 1993/594S.I. 2009/1109S.S.I. 2002/494. Regulation 46 has been amended by S.S.I. 2011/161.Sch. 7 para. 2(4) repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)Sch. 7 para. 8 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)Regs. 2-5 omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 38(2) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)Schs. 1-3 omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 38(6) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)Sch. 4 paras. 5-10 omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 38(7) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)Sch. 5 omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 38(8) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)Sch. 6 omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 38(8) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 6 substituted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 38(3) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)Reg. 7 omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 38(4) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)Reg. 8 omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 38(4) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)Reg. 10 omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 38(5) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)Sch. 7 para. 2(5) revoked (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 1(1), 22(3), Sch. 1 Pt. 1 (with s. 1(3)(4)); S.I. 2023/1363, reg. 2Sch. 7 para. 9 revoked (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 1(1), 22(3), Sch. 1 Pt. 1 (with s. 1(3)(4)); S.I. 2023/1363, reg. 2Sch. 7 para. 16(5)(a) revoked (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 1(1), 22(3), Sch. 1 Pt. 1 (with s. 1(3)(4)); S.I. 2023/1363, reg. 2Sch. 7 para. 24 revoked (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 1(1), 22(3), Sch. 1 Pt. 1 (with s. 1(3)(4)); S.I. 2023/1363, reg. 2