Maintenance Orders (Reciprocal Enforcement) Act 1992

Amendment of the 1920 and 1972 Acts

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• (1) 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.

• (2) The Maintenance Orders (Reciprocal Enforcement) Act 1972 shall have effect with the amendments set out in Part II of Schedule 1 to this Act.

Consequential amendments and repeals

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• (1) The amendments set out in Schedule 2 to this Act shall have effect.

• (2) The enactments and subordinate legislation mentioned in Schedule 3 to this Act are repealed or revoked to the extent specified in the third column of that Schedule.

Commencement

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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.

Short title

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This Act may be cited as the Maintenance Orders (Reciprocal Enforcement) Act 1992.

SCHEDULE 1

Part I — Amendment of the Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)

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• (1) Section 3 (power to make provisional orders of maintenance against persons resident in certain Commonwealth countries) shall be amended as follows.

• (2) 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”.

• (3) 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”.

• (4) In subsection (4), for the word “rescind” there shall be substituted “revoke”.

• (5) In subsection (5), for the words “rescind” and “rescinding” there shall be substituted “revoke” and “revoking” respectively.

• (6) 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”.

• (7) After subsection (6), there shall be added—

(7) Where subsection (1) of section 60 of the Magistrates' Courts Act 1980 (revocation, variation etc. of orders for periodical payment) applies in relation to an order made under this section which has been confirmed, that subsection shall have effect as if for the words “by order on complaint,” there were substituted “on an application being made, by order”. (8) In this section “revoke” includes discharge.

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• (1) Section 4 (power of court of summary jurisdiction to confirm maintenance order made out of the United Kingdom) shall be amended as follows.

• (2) In subsection (1)—

• (a) for the words “summons be issued calling upon the person” there shall be substituted “notice be served on the person informing him that he may attend a hearing at the time and place specified in the notice”, and

• (b) for the words “issue such a summons and cause it” there shall be substituted “cause such a notice”.

• (3) For subsection (2) there shall be substituted—

(2) A notice required to be served under this section may be served by post.

• (4) In subsection (3)—

• (a) for the word “summons” there shall be substituted “notice”, and

• (b) for the words from “raise any defence” to “no other defence” there shall be substituted “oppose the confirmation of the order on any grounds on which he might have opposed the making of the order in the original proceedings had he been a party to them, but on no other grounds”.

• (5) In subsection (4), for the word “summons” there shall be substituted “notice”.

• (6) In subsection (5)—

• (a) for the words “against whom the summons was issued” there shall be substituted “served with the notice”, and

• (b) for the words “any defence” there shall be substituted “establishing any grounds on which he opposes the confirmation of the order”.

• (7) In subsection (6A), before paragraph (a) there shall be inserted—

(za) as if in subsection (1) for the words “by order on complaint” there were substituted “on an application being made, by order”.

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After section 4, there shall be inserted—

(4A) (1) This section applies to— (a) any maintenance order made by virtue of section 3 of this Act which has been confirmed as mentioned in that section; and (b) any maintenance order which has been confirmed under section 4 of this Act. (2) Where the respondent to an application for the variation or revocation of a maintenance order to which this section applies is residing in a part of Her Majesty’s dominions outside the United Kingdom to which this Act extends, a magistrates' court in England and Wales shall have jurisdiction to hear the application (where it would not have such jurisdiction apart from this subsection) if that court would have had jurisdiction to hear it had the respondent been residing in England and Wales. (3) Where the defendant to a complaint for the variation or revocation of a maintenance order to which this section applies is residing in a part of Her Majesty’s dominions outside the United Kingdom to which this Act extends, a court of summary jurisdiction in Northern Ireland shall have jurisdiction to hear the complaint if that court would have had jurisdiction to hear it had the defendant been residing in Northern Ireland. (4) Where— (a) the respondent to an application for the variation or revocation of a maintenance order to which this section applies does not appear at the time and place appointed for the hearing of the application by a magistrates' court in England and Wales, and (b) the court is satisfied that the respondent is residing in a part of Her Majesty’s dominions outside the United Kingdom to which this Act extends, 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. (5) Subsection (4) shall apply to Northern Ireland with the following modifications— (a) for the word “respondent” (in each place where it occurs) there shall be substituted “defendant”, (b) for the words “an application” and “the application” (in each place where they occur) there shall be substituted “a complaint” and “the complaint” respectively, and (c) for the words “a magistrates' court in England and Wales” there shall be substituted “a court of summary jurisdiction in Northern Ireland”. (6) In this section “revocation” includes discharge.

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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—

(2) Without prejudice to the generality of the power to make rules under section 144 of the Magistrates' Courts Act 1980 (magistrates' courts rules), for the purpose of giving effect to this Act such rules may make, in relation to any proceedings brought under or by virtue of this Act, any provision 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.

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In section 11 (application to Ireland), after paragraph (c) there shall be inserted—

(d) the amendments of section 3(1), (3) and (6) and section 4 made by the Maintenance Orders (Reciprocal Enforcement) Act 1992 shall be disregarded.

Part II — Amendment of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

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• (1) Section 3 (power of magistrates' court to make provisional maintenance order against person residing in reciprocating country) shall be amended as follows.

• (2) For subsection (1) there shall be substituted—

(1) Where an application is made to a magistrates' court for a maintenance order against a person residing in a reciprocating country and the court would have jurisdiction to determine the application under the Domestic Proceedings and Magistrates' Courts Act 1978 or the Children Act 1989 if that person— (a) were residing in England and Wales, and (b) received reasonable notice of the date of the hearing of the application, the court shall (subject to subsection (2) below) have jurisdiction to determine the application.

• (3) For subsection (4) there shall be substituted—

(4) No enactment (or provision made under an enactment) requiring or enabling— (a) a court to transfer proceedings from a magistrates' court to a county court or the High Court, or (b) a magistrates' court to refuse to make an order on an application on the ground that any matter in question is one that would be more conveniently dealt with by the High Court, shall apply in relation to an application to which subsection (1) above applies.

• (4) For subsection (7) there shall be substituted—

(7) In the application of this section to Northern Ireland— (a) for subsection (1) there shall be substituted— (1) Where a complaint is made to a magistrates' court against a person residing in a reciprocating country and the complaint is one on which the court would have jurisdiction by virtue of any enactment to make a maintenance order if— (a) that person were residing in Northern Ireland, and (b) a summons to appear before the court to answer the complaint had been duly served on him, the court shall have jurisdiction to hear the complaint and may (subject to subsection (2) below) make a maintenance order on the complaint. (b) for subsection (4) there shall be substituted— (4) No enactment empowering a magistrates' court to refuse to make an order on a complaint on the ground that any matter in question is one which would be more conveniently dealt with by the High Court of Justice in Northern Ireland shall apply in relation to a complaint to which subsection (1) above applies.

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In section 5 (variation and revocation of maintenance order made in United Kingdom), after subsection (3) there shall be inserted—

(3A) Where subsection (1) of section 60 of the Magistrates' Courts Act 1980 (revocation, variation etc. of orders for periodical payment) applies in relation to a maintenance order to which this section applies, that subsection shall have effect as if for the words “by order on complaint,” there were substituted “on an application being made, by order”.

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• (1) Section 7 (confirmation by United Kingdom court of provisional maintenance order made in reciprocating country) shall be amended as follows.

• (2) 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”.

• (3) 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.”.

• (4) In subsection (4), for the words “the court” there shall be substituted “a magistrates' court in Northern Ireland”.

• (5) In subsection (6), for the words “a summons to appear in” there shall be substituted “notice of”.

• (6) After subsection (7) there shall be added—

(8) In the application of this section to Northern Ireland— (a) in subsection (2)(i), for the words from “any grounds” to “making of the order” there shall be substituted “any such defence as he might have raised”, (b) in subsection (3), for the words from “opposed the making” to the end there shall be substituted “raised a defence on any of those grounds in the proceedings in which the order was made.”, and (c) in subsection (6), for the words “notice of” there shall be substituted “a summons to appear in”.

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In section 9 (variation and revocation of maintenance order registered in United Kingdom court), in subsection (1ZA) before paragraph (a) there shall be inserted—

(za) as if in subsection (1) for the words “by order on complaint,” there were substituted “on an application being made, by order”;

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• (1) Section 17 (proceedings in magistrates' courts) shall be amended as follows.

• (2) In subsection (5), after the words “magistrates' court” there shall be inserted “in Northern Ireland”.

• (3) After subsection (5), there shall be inserted—

(5A) Where the respondent to an application for the variation or revocation of— (a) a maintenance order made by a magistrates' court in England and Wales, being an order to which section 5 of this Act applies; or (b) a registered order which is registered in such a court, is residing in a reciprocating country, a magistrates' court in England and Wales shall have jurisdiction to hear the application (where it would not have such jurisdiction apart from this subsection) if it would have had jurisdiction to hear it had the respondent been residing in England and Wales.

• (4) In subsection (7)—

• (a) for the word “defendant”, in each place where it occurs, there shall be substituted “respondent”, and

• (b) for the words “a complaint” and “the complaint”, in each place where they occur, there shall be substituted “an application” and “the application” respectively.

• (5) After subsection (7), there shall be added—

(7A) In the application of this section to Northern Ireland, in subsection (7)— (a) for the word “respondent”, in each place where it occurs, there shall be substituted “defendant”; and (b) for the words “an application” and “the application”, in each place where they occur, there shall be substituted “a complaint” and “the complaint” respectively.

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In section 18 (magistrates' courts rules), after subsection (1) there shall be inserted—

(1A) For the purpose of giving effect to this Part of this Act, rules made under section 144 of the Magistrates' Courts Act 1980 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.

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In section 21 (interpretation of Part I), in subsection (1) at the end there shall be added—

“revoke” and “revocation” include discharge.

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For sections 27, 28 and 28A there shall be substituted—