Amendment of the Maintenance Orders (Reciprocal Enforcement) Act 1972U.K.
5.—(1) The Maintenance Orders (Reciprocal Enforcement) Act 1972 M1 is amended as follows.
(2) In section 4 (power of sheriff to make provisional maintenance order against person residing in reciprocating country)—
(a)for subsection (1) substitute—
“(1) In any action where the sheriff has jurisdiction by virtue of subsection (2) and the defender resides in a reciprocating country, any maintenance order granted by the sheriff shall be a provisional order.”;
(b)after subsection (1) insert—
“(2) In matters relating to maintenance, a person may be sued in the courts for the place where the pursuer is domiciled or habitually resident or, if the matter is ancillary to proceedings concerning the status of a person, in the court which has jurisdiction to entertain those proceedings, provided than an action F1... of affiliation and aliment shall be treated as a matter relating to maintenance which is not ancillary to proceedings concerning the status of a person.”;
(c)omit subsection (7).
(3) In section 35 (further provisions with respect to variation etc. of orders by the family court in England and Wales) omit—
(a)subsection (1B);
(b)subsection (4).
(4) In section 35A (further provisions with respect to variation etc of orders by magistrates' courts in Northern Ireland) omit—
(a)subsection (1B);
(b)subsection (4).
Textual Amendments
F1Words in Sch. para. 5(2)(b) omitted (17.12.2020) by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 5(3)(a)
Commencement Information
I1Sch. para. 5 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
Marginal Citations
M11972 c. 18. Sections 35 and 35A were substituted by paragraph 16 of Schedule 1 to the Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56). The other relevant amending instrument is S.I. 2012/2814.