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Maintenance Orders (Reciprocal Enforcement) Act 1972

Type Public General Act
Publication 1972-03-23
Last updated 2020-12-31
State In force
Department Statute Law Database
Source legislation.gov.uk
articles Not indexed
Reform history JSON API
  • (a) a registered order is registered in a court of summary jurisdiction in Northern Ireland, and
  • (b) payments under the order are required to be made to the collecting officer in Northern Ireland, by any method of payment falling within Article 85(7) of the Magistrates’ Courts (Northern Ireland) Order 1981 (standing order, etc.),

an interested party may apply in writing to the clerk of petty sessions in which the order is registered for the order to be varied as mentioned in subsection (5) below.

  • (5) Subject to subsection (8) below, where an application has been made under subsection (4) above, the clerk, after giving written notice (by post or otherwise) of the application to any other interested party and allowing that party, within the period of 14 days beginning with the date of the giving of that notice, and opportunity to make written representations, may vary the order to provide that payments under the order shall be made in accordance with paragraph (a) of subsection (3) above.
  • (6) The clerk may proceed with an application under subsection (4) above notwithstanding that any such interested party as is referred to in subsection (5) above has not received written notice of the application.
  • (7) In subsections (4) to (6) above “interested party”, in relation to an order, means the debtor or the creditor.
  • (8) Where an application has been made under subsection (4) above, the clerk may, if he considers it inappropriate to exercise his power under subsection (5) above, refer the matter to the court which may vary the order by exercising one of its powers under subsection (3) above.
  • (9) In deciding, for the purposes of subsections (2) and (8) above, which of the powers under subsection (3) above it is to exercise, the court shall have regard to any representations made by the debtor.
  • (10) Paragraph (5) of Article 85 of the Magistrates’ Courts (Northern Ireland) Order 1981 (power of court to require debtor to open account) shall apply for the purposes of subsection (3) above as it applies for the purposes of that Article but as if for sub-paragraph (a) there were substituted—

(a) the court proposes to exercise its power under paragraph (b) of section 34B(3) of the Maintenance Orders (Reciprocal Enforcement) Act 1972, and

35A
  • (1) Subsection (1A) applies in relation to an application for the variation or revocation of a registered order registered in a magistrates’ court in Northern Ireland (“the registering court”) made—
  • (a) by the person against whom or on whose application the registered order was made, and
  • (b) in circumstances where the person by or against whom the application is made is residing outside Northern Ireland.
  • (1A) The registering court has jurisdiction to hear the application even though—
  • (a) a party to the application is residing outside England and Wales, and
  • (b) the requirement in Article 32 of the Domestic Proceedings (Northern Ireland) Order 1980, as applied by section 29(2) or 29A(6) of this Act, is not satisfied.
  • (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (2) None of the powers of the court, or of the clerk, under section 34B of this Act shall be exercisable in relation to such an application.
  • (3) Where the respondent to an application for the variation or revocation of a registered order which is registered in a magistrates’ court in Northern Ireland does not appear at the time and place appointed for the hearing of the application, but the court is satisfied—
  • (a) that the respondent is residing outside Northern Ireland, and
  • (b) that the prescribed notice of the making of the application and of the time and place appointed for the hearing has been given to the respondent in the prescribed manner,

the court may proceed to hear and determine the application at the time and place appointed for the hearing or for any adjourned hearing in like manner as if the respondent had appeared at that time and place.

  • (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
38A
  • (1) Rules of court may make provision with respect to the orders made or other things done by the family court or a magistrates’ court, or an officer of such a court, by virtue of this Part of this Act, notice of which is to be given to such persons as the rules may provide and the manner in which such notice shall be given.
  • (2) For the purpose of giving effect to this Part of this Act, rules of court may make, in relation to any proceedings brought under or by virtue of this Part of this Act, any provision not covered by subsection (1) above which—
  • (a) falls within subsection (2) of section 93 of the Children Act 1989, and
  • (b) may be made in relation to relevant proceedings under that section.
  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (4) For the purpose of giving effect to this Part of this Act, rules made under Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981 may make, in relation to any proceedings brought under or by virtue of this Part of this Act, any provision not covered by subsection (1) above which—
  • (a) falls within paragraph (2) of Article 165 of the Children (Northern Ireland Order) 1995, and
  • (b) may be made in relation to relevant proceedings under that Article.
43A
  • (1) In connection with proceedings under Part I of this Act in relation to a maintenance order made by a court in a reciprocating country, where there is produced a certificate from the responsible authority in that country to the effect that the payee would, in that country, be financially eligible for complete or partial—
  • (i) legal aid; or
  • (ii) exemption from costs or expenses, in proceedings there in relation to that maintenance order, section 2(1) and (6)(c), 3 and 4 of the Legal Aid (Scotland) Act 1967sections 15 and 17 of the Legal Aid (Scotland) Act 1986 shall not apply in respect of the payee and, subject to the other provisions of that Act. legal aid shall under that Act be available to the payee without inquiry into the payee’s resources.
  • (2) In connection with proceedings under Part II of this Act—
  • (a) arising out of an application received from a convention country for the recovery of maintenance; or
  • (b) relating to an order made in respect of such an application,

where there is produced a certificate from the appropriate authority in that county to the effect that the applicant would, in that country, be financially eligible for complete or partial—

  • (i) legal aid; or
  • (ii) exemption from costs or expenses, in proceedings there for the recovery of maintenance, sections 2(1) and (6)(c), 3 and 4 of the said Act of 1967sections 15 and 17 of the said Act of 1986 shall not apply in respect of the applicant and, subject to the other provisions of that Act, legal aid shall under that Act be available to the applicant without inquiry into the applicant’s resources.
  • (3) Where, in connection with proceedings under Part I or II of this Act, a person has received legal aid by virtue of subsection (1) or (2) above, legal advice and assistance under the Legal Advice and Assistance Act 1972 shall, notwithstanding—
  • (i) any finanacial conditions imposed by, or by virtue of sections 1 and 4(2), (3) and (4); and
  • (ii) in relation to the effect of subsections (1) to (4) and (7) of section 4 of the said Act of 1967, the provisions of section 6(1)(b), of the said Act of 1972 (but subject otherwise to the provisions of the said Act of 1972)advice and assistance under the said Act of 1986, shall, notwithstanding any financial conditions or requirements to make contributions imposed by sections 8 and 11 of that Act,, be available in Scotland for that person, without inquiry into his resources, in connection with any matter incidental to, or arising out of, those proceedings.
  • (4) In subsection (1) above “maintenance order”, “reciprocating country”, “responsible authority” and “payee” have the same meanings respectively as in Part I of this Act; and in subsection (2) above “convention country” means a country or territory specified in an Order in Council under section 25(1) of this Act, “maintenance” has the same meaning as in Part II of this Act, and “appropriate authority” means the authority from which the Secretary of State received the application.

Editorial notes

1

Act: certain functions transferred (1.4.1992) by S.I. 1992/709, art. 4(3)(a)(4)

2

Act amended (1.4.1992) by S.I. 1992/709, art. 4(5)

9

S. 3(7) substituted (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 66 (with Sch. 8 para. 1(1)); S.R. 1996/297, art. 2(2)

10

S. 4(3) repealed (1.11.1996) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch. Table

13

S. 5(3B) inserted (N.I.) (4.11.1996) by 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 67 (with Sch. 8 para. 1(1)); S.R. 1996/297, art. 2(2)

24

S. 7(5A)-(5D) inserted (E.W.)(1.4.1992) by Maintenance Enforcement Act 1991 (c. 17, SIF 49:3) , s. 10 , Sch. 1 para. 12 , S.I . 1992/455, art. 2

25

S. 7(5E)-(5H) inserted (N.I.) (4.11.1996) by S.I. 1993/1576 (N.I. 6) , art. 11 , Sch. 1 para. 7 ; S.R. 1996/454 , art. 3

34

S. 8(10) repealed by S.I. 1981/1675 (N.I. 26), Sch. 7

39

S. 9(1ZB) inserted (N.I.) (4.11.1996) by S.I. 1993/1576 (N.I. 6), art. 11, Sch. 1 para. 9; S.R. 1996/454, art. 3

40

S. 9(1ZB)(za) inserted (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 69 (with Sch. 8 para. 1(1)); S.R. 1996/297, art. 2(2)

48

By Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 13(5)(b) it is provided that for “so residing” there is inserted “residing and has no assets within the jurisdiction of the court”.

67

S. 17(5) repealed (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(2), Sch. 10 (with Sch. 8 paras. 1(1), 23(4)); S.R. 1996/297, art. 2(2)

69

S. 17(6) substituted (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 70 (with Sch. 8 para. 1(1)); S.R. 1996/297, art. 2(2)

73

S. 17(8) repealed by S.I. 1981/1675 (N.I. 26), Sch. 7

78

S. 18(2A) inserted (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 71 (with Sch. 8 para. 1(1)); S.R. 1996/297, art. 2(2)

94

The text of s. 22 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

98

S. 22(2)(d) repealed (23.3.1995) by 1995 c. 3, s. 1, Sch. para. 7(2)

100

Words in s. 23(2)(3)(4) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 75 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

102

S. 23(6) inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 75 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

105

By S.I. 1982/159, art. 3 para. (1) it is provided that the functions of the Secretary of State under this Act insofar as relating to any matter concerning a court in Northern Ireland or a person residing or believed to reside there are transferred to the Lord Chancellor and by art. 3(2) it is provided that any reference to the Secretary of State, so far as necessary for giving effect to para. (1) of art. 3, to be construed as a reference to the Lord Chancellor

106

S. 26(3A) inserted (5.4.1993) by virtue of S.I. 1993/591, arts. 3(2), 4(a)

107

S. 26(6) substituted for s. 26(6)(7) (1.4.2001) by 1999 c. 22, s. 90, Sch 13 para. 76 (Sch. 14 para 7(2)); S.I. 2001/916, art. 2(a)(ii)

108

Ss. 27A-28C substituted (5.4.1993) for ss. 27, 28, 28A by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para.13; S.I. 1993/618, art.2

110

Word in s. 27B(3) substituted (4.11.1996) by S.I. 1995/756, art. 8; S.R. 1996/297, art. 3

112

Ss. 27A-28C substituted (5.4.1993) for ss. 27, 28, 28A by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s.1, Sch. 1 Pt. II para.13, S.I. 1993/618, art.2

113

Ss. 27A-28C substituted (5.4.1993) for ss. 27, 28, 28A by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para.13; S.I. 1993/618, art.2

114

Ss. 28C, 28D, 28E, 29, 29A, 29B substituted for ss. 28C, 29, 29A (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 72 (with Sch. 8 para. 1(1)); S.R. 1996/297, art. 2(2)

115

Ss. 28C, 28D, 28E, 29, 29A, 29B substituted for ss. 28C, 29, 29A (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 72 (with Sch. 8 para. 1(1)); S.R. 1996/297, art. 2(2)

116

Ss. 28C, 28D, 28E, 29, 29A, 29B substituted for ss. 28C, 29, 29A (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 72 (with Sch. 8 para. 1(1)); S.R. 1996/297, art. 2(2)

117

Ss. 28C, 28D, 28E, 29, 29A, 29B substituted for ss. 28C, 29, 29A (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 72 (with Sch. 8 para. 1(1)); S.R. 1996/297, art. 2(2)

118

Ss. 28C, 28D, 28E, 29, 29A, 29B substituted for ss. 28C, 29, 29A (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 72 (with Sch. 8 para. 1(1)); S.R. 1996/297, art. 2(2)

119

Ss. 28C, 28D, 28E, 29, 29A, 29B substituted for ss. 28C, 29, 29A (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 72 (with Sch. 8 para. 1(1)); S.R. 1996/297, art. 2(2)

121

S. 30(3)(4)(5) repealed (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(2), Sch. 10 (with Sch. 8 paras. 1(1), 23(4)); S.R. 1996/297, art. 2(2)

123

S. 31(1A)–(1D) substituted for subsection (1A) by Family Law (Scotland) Act 1985 (c. 37, SIF 49:3), ss. 28(1), 29(4), Sch. 1 para. 6

129

Words commencing “obtained in a” substituted (S.) for words commencing “granted in a” by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 31(2), 48(2)

130

S. 31(4)(ii)(iia) substituted (S.) for para. (ii) by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), s. 31(3)

135

S. 32(9)( e ) repealed (S.) by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2) , ss. 45 , 46(4) , Sch. 3 para. 1(2) ( b ), Sch. 5

138

S. 33(3B) inserted (N.I.) (4.11.1996) by S.I. 1993/1576 (N.I. 6), art. 11, Sch. 1 para. 13(b); S.R. 1996/454, art. 3

139

Words in s. 34(1) inserted (N.I.) (4.11.1996) by S.I. 1993/1576 (N.I. 6), art. 11, Sch. 1 para. 14(a); S.R. 1996/454, art. 3

140

Words in s. 34(1) inserted (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 74(1) (with Sch. 8 para. 1(1)); S.R. 1996/297, art. 2(2)

141

Words in s. 34(1) inserted (E.W.) (1.4.1992) by Maintenance Enforcement Act 1991 (c. 17), s. 10, Sch. 1 para. 19(1), S.I. 1992/455, art. 2

142

S. 34(3B) inserted (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 74(2) (with Sch. 8 para. 1(1)); S.R. 1996/297, art. 2(2)

145

S. 34B inserted (N.I.) (4.11.1996) by S.I. 1993/1576 (N.I. 6), art. 11, Sch. 1 para. 14(b); S.R. 1996/454, art. 3

147

S. 35A substituted (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 75 (with Sch. 8 para. 1(1)); S.R. 1996/297, art. 2(2)

150

Words substituted (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 76 (with Sch. 8 para. 1(1)); S.R. 1996/297, art. 2(2)

153

S. 38A(4) inserted (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 78(1) (with Sch. 8 para. 1(1)); S.R. 1996/297, art. 2(2)

158

Pt. II (ss. 25-39) applied (with modifications) (5.4.1993) by The Recovery of Maintenance (United States of America) Order 1993 (S.I. 1993/591), art.3(1)

168

The text of ss. 41(3)(4), 42(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

172

Words inserted by S.I. 1980/564, art. 4(6)

174

The text of ss. 41(3)(4), 42(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

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