The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011

PART 2 Recognition and enforcement of maintenance decisions made by courts in Maintenance Regulation States other than Denmark

Application of Part 2

3.  This Part shall apply to maintenance decisions made by courts in Maintenance Regulation States other than Denmark.

Enforcement of maintenance decisions

4.—(1) Subject to sub-paragraph (2), where a maintenance decision falls to be enforced in the United Kingdom under Section 1 of Chapter IV of the Maintenance Regulation, the court to which an application for enforcement is to be made is—

(a) in England and Wales, a magistrates’ court,

(b) in Scotland, a sheriff court, and

(c) in Northern Ireland, a magistrates’ court.

(2) An application for enforcement is to be transmitted to the magistrates’ court or sheriff court designated for these purposes by rules of court (“the enforcing court”)—

(a) in England and Wales, by the Lord Chancellor,

(b) in Scotland, by the Scottish Ministers, and

(c) in Northern Ireland, by the Department of Justice.

(3) Jurisdiction in relation to applications for enforcement of such maintenance decisions lies with the courts for the part of the United Kingdom in which—

(a) the person against whom enforcement is sought is resident,

(b) assets belonging to that person and which are susceptible to enforcement are situated or held, or

(c) any other matter relevant to enforcement arises.

(4) For the purposes of the enforcement of a maintenance decision—

(a) the decision shall be of the same force and effect,

(b) the enforcing court shall have in relation to its enforcement the same powers, and

(c) proceedings for or with respect to its enforcement may be taken,

as if the decision had originally been made by the enforcing court.

(5) Sub-paragraph (4) is subject to sub-paragraphs (6) and (7).

(6) (a) A maintenance decision which is enforceable in England and Wales by virtue of Section 1 of Chapter IV of the Maintenance Regulation and these Regulations shall be enforceable in a magistrates’ court in England and Wales in the same manner as a maintenance order made by that court, save that sections 76 and 93 of the Magistrates’ Courts Act 1980(1) have effect as modified by section 5(5B) and (5C)(2) of the Act.

(b) In this sub-paragraph “maintenance order” has the meaning given by section 150(1)(3) of the Magistrates’ Courts Act 1980.

(7) A maintenance decision which is enforceable in Northern Ireland by virtue of Section 1 of Chapter IV of the Maintenance Regulation and these Regulations shall be enforceable in a magistrates’ court in Northern Ireland in the same manner as an order made by that court, save that Article 98 of the Magistrates’ Courts (Northern Ireland) Order 1981(4) has effect as modified by section 5(6A)(5) of the Act.

(8) Sub-paragraph (4) is also subject to—

(a) Article 21 (application by debtor for refusal or suspension of enforcement);

(b) paragraph 8 below;

(c) any provision made by rules of court as to the procedure for the enforcement of maintenance decisions given in another Maintenance Regulation State.

(9) (a) The debtor under a maintenance decision which is or has been the subject of enforcement proceedings in England and Wales or Northern Ireland by virtue of Section 1 of Chapter IV of the Maintenance Regulation and these Regulations must give notice of any change of address to the designated officer, or in Northern Ireland, the clerk, of the court in which enforcement proceedings have been, or are being, taken.

(b) A person who without reasonable excuse fails to comply with this sub-paragraph shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(10) An application for refusal or suspension of enforcement under Article 21(2) or (3) of the Maintenance Regulation shall be made—

(a) in England and Wales and Northern Ireland, to a magistrates’ court by way of complaint, and

(b) in Scotland, to a sheriff court by way of summary application.

(1)

1980 c.43.

(2)

Section 5(5B) and 5(5C) were inserted by section 10 of and paragraph 21 of Schedule 1 to the Maintenance Enforcement Act 1991 (c.17). Substituted subsection (5) of section 5(5B) was amended by section 109(1) and paragraph 268 of Schedule 8 to the Courts Act 2003 (c.39).

(3)

The definition of magistrates’ court maintenance order in section 150(1) was inserted by section 33(1) of and paragraph 88 of Schedule 2 to the Family Law Reform Act 1987 (c.42).

(4)

S.I.1981/1675 (N.I.26).

(5)

Section 5(6A) was inserted by S.I. 1993/1576 (N.I.6).