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The Maintenance Orders (Facilities for Enforcement) Act 1920 shall have effect (until its repeal by the Maintenance Orders (Reciprocal Enforcement) Act 1972 comes into force) with the amendments set out in Part I of Schedule 1 to this Act.
The Maintenance Orders (Reciprocal Enforcement) Act 1972 shall have effect with the amendments set out in Part II of Schedule 1 to this Act.
The amendments set out in Schedule 2 to this Act shall have effect.
The enactments and subordinate legislation mentioned in Schedule 3 to this Act are repealed or revoked to the extent specified in the third column of that Schedule.
This Act shall come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint; and different days may be appointed for different provisions or different purposes.
This Act may be cited as the Maintenance Orders (Reciprocal Enforcement) Act 1992.
Section 1.
Section 3 (power to make provisional orders of maintenance against persons resident in certain Commonwealth countries) shall be amended as follows. In subsection (1), for the words “a summons had been duly served on that person and he” there shall be substituted “ that person had been resident in England and Wales, had received reasonable notice of the date of the hearing of the application and ”. In subsection (3), for the words “duly served with a summons” there shall be substituted “ resident in England and Wales, had received reasonable notice of the date of the hearing ”. In subsection (4), for the word “rescind” there shall be substituted “ revoke ”. In subsection (5), for the words “rescind” and “rescinding” there shall be substituted “ revoke ” and “ revoking ” respectively. In subsection (6), for the words from “a summons” to the end there shall be substituted “ the person against whom the order is sought to be made been resident in England and Wales and received reasonable notice of the date of the hearing of the application ”. After subsection (6), there shall be added—
Section 4 (power of court of summary jurisdiction to confirm maintenance order made out of the United Kingdom) shall be amended as follows. In subsection (1)— For subsection (2) there shall be substituted— In subsection (3)— In subsection (4), for the word “summons” there shall be substituted “ notice ”. In subsection (5)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After section 4, there shall be inserted—
The provisions of section 7 (application of the Magistrates’ Courts Act 1980) shall become subsection (1) of that section and the following subsection shall be added after that subsection—
In section 11 (application to Ireland), after paragraph (c) there shall be inserted—
Section 3 (power of magistrates’ court to make provisional maintenance order against person residing in reciprocating country) shall be amended as follows. For subsection (1) there shall be substituted— For subsection (4) there shall be substituted— For subsection (7) there shall be substituted—
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Section 7 (confirmation by United Kingdom court of provisional maintenance order made in reciprocating country) shall be amended as follows. In subsection (2)(i), for the words “any such defence as he might have raised” there shall be substituted “ any grounds on which he might have opposed the making of the order ”. In subsection (3), for the words from “raised a defence” to the end there shall be substituted “ opposed the making of the order on any of those grounds. ”. In subsection (4), for the words “the court” there shall be substituted “ a magistrates’ court in Northern Ireland ”. In subsection (6), for the words “a summons to appear in” there shall be substituted “ notice of ”. After subsection (7) there shall be added—
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Section 17 (proceedings in magistrates’ courts) shall be amended as follows. In subsection (5), after the words “magistrates’ court” there shall be inserted “ in Northern Ireland ”. After subsection (5), there shall be inserted— In subsection (7)— After subsection (7), there shall be added—
In section 18 (magistrates’ courts rules), after subsection (1) there shall be inserted—
“revoke” and “revocation” include discharge.
For sections 27, 28 and 28A there shall be substituted—
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For section 35 there shall be substituted—
In section 36 (admissibility of evidence given in convention country), in subsection (1) for the words from “received by” to “or out of” there shall be substituted “to which section 27A(1) of this Act applies, an application received by the Lord Chancellor as mentioned in section 28C(1) of this Act, an application received by the Secretary of State as mentioned in section 31(1) of this Act or”.
After section 38 there shall be inserted—
“maintenance order” has the same meaning as in Part I of this Act; “revoke” and “revocation” include discharge.
Section 2(1).
In section 90(3)(b) of the Domestic Proceedings and Magistrates’ Courts Act 1978 (which lists the provisions of Schedule 2 to that Act that extend to Northern Ireland), for “paragraphs 12, 13, 14, 33 and 34(a)” there shall be substituted “ paragraphs 12, 13, 14 and 33 ”.
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Section 2(2). Chapter or number Short title or title Extent of repeal or revocation 1978 c. 22. The Domestic Proceedings and Magistrates’ Courts Act 1978. Sections 57 and 58.In Schedule 2, paragraphs 34 and 35. 1980 c. 43. The Magistrates’ Courts Act 1980. In Schedule 7, paragraph 108. 1982 c. 27. The Civil Jurisdiction and Judgments Act 1982. Section 37(2). 1984 c. 42. The Matrimonial and Family Proceedings Act 1984. Section 26.In Schedule 1, paragraph 9. 1987 c. 42. The Family Law Reform Act 1987. In Schedule 2, paragraph 46. 1990 c. 41. The Courts and Legal Services Act 1990. In Schedule 16, paragraph 39(1) and (2). 1991 c. 17. The Maintenance Enforcement Act 1991. In Schedule 1, paragraphs 15, 16, 17 and 20. S.I. 1980/564. The Maintenance Orders (Northern Ireland Consequential Amendments) Order 1980. Article 4(2) and (5). S.I. 1981/1675 (N.I. 26). The Magistrates’ Courts (Northern Ireland) Order 1981. In Schedule 6, paragraph 24.