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There are currently no known outstanding effects for the The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012, Paragraph 5.
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5.—(1) In the Schedule to the Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 1975 M1, the reference to Malta in column (1) and the corresponding entry in column (2) are revoked.
[F1(2) Despite sub-paragraph (1), Malta is to continue to be treated as a reciprocating country for the purposes of Part 1 of the Act—
(a)in relation to any matter relating to maintenance which is—
(i)within scope of the Act, and
(ii)not within scope of the 2007 Hague Convention”;
(b)in accordance with Article 56(2) of the 2007 Hague Convention, in relation to an application for recognition and enforcement of a maintenance decision given in Malta before the entry into force of that Convention for Malta where—
(i)the conditions of recognition and enforcement under the 2007 Hague Convention prevent the recognition and enforcement of the decision, and
(ii)but for sub-paragraph (1), the decision would have been recognised and enforced under Part 1 of the Act;
(c)in relation to—
(i)the enforcement or variation of a registered order pursuant to section 8 or 9 of the Act;
(ii)the cancellation of the registration, or the transfer, of a registered order pursuant to section 10 of the Act;
(iii)steps taken by the Lord Chancellor or the Secretary of State pursuant to section 11 of the Act in relation to a registered order.]
(3) In sub-paragraph (2), “the Act” means the Maintenance Orders (Reciprocal Enforcement) Act 1972 M2[F2; and “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23rd November 2007].
Textual Amendments
F1Sch. 5 para. 5(2) 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. 39(10)(b)(i) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Sch. 5 para. 5(3) inserted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 39(10)(b)(ii) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
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