The Reciprocal Enforcement of Maintenance Orders (Republic of Ireland) Order 1993

• “registering court”, in relation to a registered order, means the court in which that order is for the time being registered under this Part of this Act;

• “the responsible authority”, in relation to the Republic of Ireland, means any person who in that country has functions similar to those of the Lord Chancellor or the Secretary of State under this Part of this Act; and

• “revoke” and “revocation” include discharge.

• (2) For the purposes of this Part of this Act an order shall be taken to be a maintenance order so far (but only so far) as it relates to the periodical payment of sums of money as mentioned in paragraph (a) of the definition of “maintenance order” in subsection (1) above, to the payment of a periodical allowance as mentioned in paragraph (aa) of that definition, or to the payment by a person adjudged, found or declared to be a child’s father of any such expenses as are mentioned in paragraph (b) of that definition.

• (3) Any reference in this Part of this Act to the payment of money for the maintenance of a child shall be construed as including a reference to the payment of money for the child’s education.

Signed

N. H. Nicholls — Clerk of the Privy Council Article 2(1)

Explanatory note

(This note is not part of the Order)

This Order applies the provisions of Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972, as amended, to the Republic of Ireland subject to the exceptions, adaptations and modifications set out in Schedule 1. Schedule 2 sets out Part I as so applied. This Order replaces and revokes an earlier order to similar effect (the Reciprocal Enforcement of Maintenance Orders (Republic of Ireland) Order 1974).

• The principal modifications effected by Schedule 1 are as follows:— in England and Wales and Northern Ireland, a provisional maintenance order may be confirmed by the court which made it and does not require confirmation by a court in the Republic of Ireland (paragraph 3); in Scotland, all maintenance orders sent for enforcement in the Republic of Ireland are orders which require no confirmation by any court (paragraph 4); a maintenance order made by a court in the Republic of Ireland may not be varied or revoked by a court in the United Kingdom and only a United Kingdom court may vary or revoke a maintenance order made in the United Kingdom (paragraphs 5 and 9); registration of a maintenance order made in the Republic of Ireland may be refused on certain grounds and all orders which are registered are orders which require no confirmation (paragraphs 6 and 7); references to the basis for jurisdiction relating to the presence of “assets” within the jurisdiction (brought in by the Civil Jurisdiction and Judgments Act 1982) (as an alternative to residence) are omitted (paragraphs 2, 6 and 10).

• This Order comes into force on 5th April 1993.

Footnotes

[^f00001]: 1972 c. 18; section 40 was amended by the Civil Jurisdiction and Judgments Act 1982 (c. 27), Schedules 11 and 14.

[^f00002]: As amended by the Affiliation Proceedings (Amendment) Act 1972 (c. 49), section 3; by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), sections 54 and 55 and Schedules 2 and 3; by the Magistrates' Courts Act 1980 (c. 43), Schedule 7; by S.I. 1981/1675 (N.I.26); by the Criminal Justice Act 1982 (c. 48), section 46; by the Civil Jurisdiction and Judgments Act 1982 (c. 27), Schedules 11 and 12; by the Family Law Reform Act 1987 (c. 42), Schedules 2 and 4; by the Maintenance Enforcement Act 1991 (c. 17), Schedule 1; by S.I. 1992/709; and by the Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), Schedule 1. There are further amendments to the Act which are not relevant to this Order.

[^f00003]: S.I. 1974/2140.

[^f00004]: 1971 c. 58.

[^f00005]: 1980 c. 43; section 60(1) was substituted by section 4 of the Maintenance Enforcement Act 1991 (c. 17).

[^f00006]: 1978 c. 22.

[^f00007]: 1989 c. 41.

[^f00008]: 1971 c. 58.

[^f00009]: 1980 c. 43; section 60(1) was substituted by section 4 of the Maintenance Enforcement Act 1991 (c. 17).

[^f00010]: 1958 c. 39.

[^f00011]: 1966 c. 35 (N.I.).

[^f00012]: 1980 c. 43; section 76 was amended by the Criminal Justice Act 1982 (c. 48), Schedule 16 and by the Maintenance Enforcement Act 1991 (c. 17), section 7. Section 93 was amended by the Family Law Reform Act 1987 (c. 42), Schedule 2 and by the Maintenance Enforcement Act 1991, Schedule 2.

[^f00013]: 1971 c. 32.

[^f00014]: 1980 c. 43: section 97 was amended by the Contempt of Court Act 1981 (c. 49), Schedule 2; by S.I. 1984/447; and by the Criminal Justice (International Co-operation) Act 1990 (c. 5), Schedule 4.

[^f00015]: 1907 c. 51.

[^f00016]: S.I. 1981/1685 (N.I.26).

[^f00017]: 1980 c. 43. There are no relevant amendments.

[^f00018]: 1989 c. 41.

[^f00019]: S.I. 1981/1685 (N.I.26).

[^f00020]: 1971 c. 58.