The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011

[^f00021]: 1991 c.48. Section 44 of the Child Support Act 1991 was amended by section 22 of the Child Support Pensions and Social Security Act 2000 (c.19) and section 13(4) of and paragraphs 1 and 46 of Schedule 3 to the Child Maintenance and Other Payments Act 2008 (c.6).

[^f00022]: S.I.1991/2628( N.I.23).

[^f00023]: 1989 c.41.

[^f00024]: 1992 c.5. Section 106 of the Social Security Administration Act 1992 is prospectively repealed by sections 9(3)(b) and 58(1) of and Schedule 7 to the Welfare Reform Act 2009 (c.29).

[^f00025]: 1968 c.49.

[^f00026]: 1972 N.I.14.

[^f00027]: 1992 c.8.

[^f00028]: S.I..1995/755 (N.I.2).

[^f00029]: Section 15(1) was substituted by section 3 of and paragraph 11 of Schedule 3 to the Administration of Justice Act 1977 (c.38); section 15(1)(a)(vi) was inserted by section 16(5) of the Civil Jurisdiction and Judgments Act 1982 (c.27).

[^f00030]: Section 1(1A) was inserted by section 27(3) of the Administration of Justice Act 1970 (c.31).

[^f00031]: Section 1(4) was inserted by section 22(1) of and paragraph 4 of the Schedule to the Maintenance Orders (Reciprocal Enforcement) Act 1972 (c.18).

[^f00032]: Section 4A was inserted by section 10 of and paragraph 10 of Schedule 1 to the Maintenance Enforcement Act 1991 (c.17).

[^f00033]: Paragraph 13A was inserted by Article 5 of and paragraph 8 of Schedule 3 to S.I.2001/3929.

[^f00034]: Paragraph 14 was inserted by Article 5 of and paragraph 9 of Schedule 3 to S.I.2001/3929.

[^f00035]: Section 4(1) was substituted by section 23(2) of and paragraph 3(1) of Schedule 12 to the Civil Jurisdiction and Judgments Act 1982 (c.27).

[^f00036]: Section 27(2) was amended by section 6(1) of the Domicile and Matrimonial Proceedings Act 1973 (c.45).

[^f00037]: In Section 52(1), the definition of maintenance calculation was substituted by section 26 of and paragraph 3(1) and (4) of Schedule 3 to the Child Support Pensions and Social Security Act 2000 (c.19).

[^f00038]: Section 10(1) was amended by section 105(4) of and paragraph 20(2)(a) of Schedule 4 to the Children (Scotland) Act 1995 (c.36). Subsection (1B) of section 10 was inserted by regulation 2(1), and (4) of S.S.I. 2001/36.

[^f00039]: Section 60 was substituted by section 4 of the Maintenance Enforcement Act 1991 (c.17). It is modified by section 9 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (c.18), section 4 of the Maintenance Orders (Facilities for Enforcement) Act 1920 (c.33), section 22 of the Maintenance Orders Act 1950 (c.37), and section 4 of the Maintenance Orders Act 1958 (c.39) (as amended by section 261(1) of and paragraph 22 of Schedule 27 to the Civil Partnership Act 2004 (c.33)).

[^f00040]: Section 95 was substituted by section 11(1) of, and paragraph 8 of Schedule 2 to, the Maintenance Enforcement Act 1991 (c.17). Subsection (7)(a)(v) was inserted by article 5 of and paragraphs 10 and 12(c) of Schedule 3 to S.I. 2001/3929, which was amended by regulation 5 and paragraphs 8 and 10 of the Schedule to S.I.2007/1655.

[^f00041]: Section 15(2) was amended by article 5 of and paragraphs 18 and 19 of Schedule 3 to S.I.2001/3929, and by paragraphs 12 and 13 of the Schedule to S.I.2007/1655.

[^f00042]: Section 28(4) was amended by article 5 of and paragraphs 18 and 20 of Schedule 3 to S.I.2001/3929, and by paragraphs 12 and 14 of the Schedule to S.I.2007/1655.

[^f00043]: 1987 (c.18).

[^f00044]: Section 108 is prospectively repealed by sections 9(3)(b) and 58(1) of and Schedule 7 to the Welfare Reform Act 2009 (c.24). Subsection (4)(a)(iv) was inserted by article 5 and paragraph 24(c) of the Schedule to S.I.2001/3929, and amended by regulation 5 and paragraph 16 of the Schedule to S.I.2007/1655. Subsection (8) was substituted by section 57(1) of, and paragraph 2 of Schedule 7 to the Child Maintenance and Other Payments Act 2008 (c.6).

[^f00045]: Section 103 is prospectively repealed by sections 9(3)(b) and 34(1) of and Schedule 4 to the Welfare Reform Act (Northern Ireland) 2010 (c.13). Subsection (4)(a)(iv) was inserted by article 5 and paragraph 24(c) of the Schedule to S.I.2001/3929, and amended by regulation 5 and paragraph 16 of the Schedule to S.I.2007/1655. Subsection (8) was substituted by section 38(1) of, and paragraph 2 of Schedule 4 to the Child Maintenance Act (Northern Ireland) 2008 (c.10).

[^f00046]: Paragraph 47(4) was inserted by article 2 of and paragraphs 21 and 23 of Schedule 1 to S.I.2006/1016.

[^f00047]: Paragraph 2(4) was amended by regulation 5 of and paragraph 18 of the Schedule to S.I.2007/1655.

[^f00048]: Section 10(5) was inserted by section 22(1) of and paragraph 5 of the Schedule to the Maintenance Orders (Reciprocal Enforcement) Act 1972 (c.18).

[^f00049]: Section 13A was inserted by Article 11 of and paragraph 2 of Schedule 1 to S.I.1993/1576 (N.I.6).

[^f00050]: In Article 2, the definition of maintenance calculation was substituted by section 6 and paragraph 3 of Schedule 3 to the Child Support Pensions and Social Security Act (Northern Ireland) 2000 (c.4) (N.I.).

[^f00051]: Article 86 was substituted by Article 7 of S.I.1993/1576 (N.I.6). It is modified by section 9 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (c.18), section 22 of the Maintenance Orders Act 1950 (c.37) and section 13 of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c.35) (N.I.).

[^f00052]: Article 87 was substituted by Article 9(2) of S.I.1993/1576 (N.I.6). It was amended by Article 5 and paragraphs 13 and 14 of Schedule 3 to S.I.2001/3929 and by regulation 5 and paragraphs 22 and 23 of the Schedule to S.I.2007/1655.

[^f00053]: Article 88 was amended by sections 15(4) and 36(6) of and Parts 1 and III of Schedule 12 to the Civil Jurisdiction and Judgments Act 1982 (c.27), by Article 5 of and paragraphs 13 and 15 of Schedule 3 to S.I.2001/3929 and by regulation 5 and paragraphs 22 and 24 of the Schedule to S.I.2007/1655.

[^f00054]: Article 98 is modified by section 5(6A) of the Civil Jurisdiction and Judgments Act 1982 (c.27). Section 5(6A) was inserted by S.I.1993/1576 (N.I.6).

[^f00055]: Article 98(11) was amended by sections 15(4) and 36(6) of, and Parts I and III of Schedule 12 to, the Civil Jurisdiction and Judgments Act 1982 (c.27), by Article 5 of and paragraph 16 of Schedule 3 to S.I.2001/3929, and by regulation 5 and paragraph 25 of the Schedule to S.I.2007/1655.

[^f00056]: S.I. 2001/3928

[^f00057]: S.I. 1993/593

[^f00058]: S.I. 1993/594

[^f00059]: S.I. 2009/1109

[^f00060]: S.S.I. 2002/494. Regulation 46 has been amended by S.S.I. 2011/161.

Editorial notes

[^c20893631]: 1972 c.68. Section 2 was amended by section 27(1)(a) and (b) of the Legislative and Regulatory Reform Act 2006 (c.51) and the Schedule to the European Union (Amendment) Act 2008 (c.7).

[^c20893641]: The European Communities (Designation) (No. 2) Order 2008 (S.I. 2008/1792). Under section 57 of the Scotland Act 1998 (c.46), despite the transfer to the Scottish Ministers of functions in relation to implementation of obligations under Community law in respect of devolved matters, the function of the Secretary of State in relation to implementing those obligations continues to be exercisable by the Secretary of State as regards Scotland. Implementation of obligations under Community law in respect of devolved matters is itself a devolved matter in Northern Ireland. However, the designation of the Secretary of State under the European Communities (Designation) (No 2) Order 2008 in relation to private international law remains exercisable in relation to Northern Ireland. This is despite the designation of Northern Ireland Departments in relation to that matter by virtue of the European Communities (Designation) (No 5) Order 2010 (S.I.2010/2690) as that designation does not restrict the scope of other designations.

[^c20893771]: 1982 c.27. The Civil Jurisdiction and Judgments Act 1982 was amended by section 3 of, and Schedule 2 to the Civil Jurisdiction and Judgments Act 1991 (c.12), Article 4 of, and Schedule 2 to S.I.2001/3929, regulations 2, 16 and 17 of S.I. 2009/3131 and section 226(1) of and paragraph 12 of Schedule 5 to the Bankruptcy and Diligence etc (Scotland) Act 2007 (2007 asp 3).

[^c20893911]: Section 15(1) was substituted by section 3 of and paragraph 11 of Schedule 3 to the Administration of Justice Act 1977 (c.38); section 15(1)(a)(vi) was inserted by section 16(5) of the Civil Jurisdiction and Judgments Act 1982 (c.27).

[^c20893921]: Section 1(1A) was inserted by section 27(3) of the Administration of Justice Act 1970 (c.31).

[^c20893951]: Paragraph 13A was inserted by Article 5 of and paragraph 8 of Schedule 3 to S.I.2001/3929.

[^c20893961]: Paragraph 14 was inserted by Article 5 of and paragraph 9 of Schedule 3 to S.I.2001/3929.

[^c20893971]: Section 4(1) was substituted by section 23(2) of and paragraph 3(1) of Schedule 12 to the Civil Jurisdiction and Judgments Act 1982 (c.27).

[^c20893981]: Section 27(2) was amended by section 6(1) of the Domicile and Matrimonial Proceedings Act 1973 (c.45).

[^c20893991]: In Section 52(1), the definition of maintenance calculation was substituted by section 26 of and paragraph 3(1) and (4) of Schedule 3 to the Child Support Pensions and Social Security Act 2000 (c.19).

[^c20894001]: Section 10(1) was amended by section 105(4) of and paragraph 20(2)(a) of Schedule 4 to the Children (Scotland) Act 1995 (c.36). Subsection (1B) of section 10 was inserted by regulation 2(1), and (4) of S.S.I. 2001/36.

[^c20894031]: Section 15(2) was amended by article 5 of and paragraphs 18 and 19 of Schedule 3 to S.I.2001/3929, and by paragraphs 12 and 13 of the Schedule to S.I.2007/1655.

[^c20894041]: Section 28(4) was amended by article 5 of and paragraphs 18 and 20 of Schedule 3 to S.I.2001/3929, and by paragraphs 12 and 14 of the Schedule to S.I.2007/1655.

[^c20894051]: 1987 (c.18).

[^c20894061]: Section 108 is prospectively repealed by sections 9(3)(b) and 58(1) of and Schedule 7 to the Welfare Reform Act 2009 (c.24). Subsection (4)(a)(iv) was inserted by article 5 and paragraph 24(c) of the Schedule to S.I.2001/3929, and amended by regulation 5 and paragraph 16 of the Schedule to S.I.2007/1655. Subsection (8) was substituted by section 57(1) of, and paragraph 2 of Schedule 7 to the Child Maintenance and Other Payments Act 2008 (c.6).

[^c20894071]: Section 103 is prospectively repealed by sections 9(3)(b) and 34(1) of and Schedule 4 to the Welfare Reform Act (Northern Ireland) 2010 (c.13). Subsection (4)(a)(iv) was inserted by article 5 and paragraph 24(c) of the Schedule to S.I.2001/3929, and amended by regulation 5 and paragraph 16 of the Schedule to S.I.2007/1655. Subsection (8) was substituted by section 38(1) of, and paragraph 2 of Schedule 4 to the Child Maintenance Act (Northern Ireland) 2008 (c.10).

[^c20894081]: Paragraph 47(4) was inserted by article 2 of and paragraphs 21 and 23 of Schedule 1 to S.I.2006/1016.

[^c20894091]: Paragraph 2(4) was amended by regulation 5 of and paragraph 18 of the Schedule to S.I.2007/1655.

[^c20894101]: Section 10(5) was inserted by section 22(1) of and paragraph 5 of the Schedule to the Maintenance Orders (Reciprocal Enforcement) Act 1972 (c.18).

[^c20894111]: Section 13A was inserted by Article 11 of and paragraph 2 of Schedule 1 to S.I.1993/1576 (N.I.6).

[^c20894121]: In Article 2, the definition of maintenance calculation was substituted by section 6 and paragraph 3 of Schedule 3 to the Child Support Pensions and Social Security Act (Northern Ireland) 2000 (c.4) (N.I.).

[^c20894131]: Article 86 was substituted by Article 7 of S.I.1993/1576 (N.I.6). It is modified by section 9 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (c.18), section 22 of the Maintenance Orders Act 1950 (c.37) and section 13 of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c.35) (N.I.).

[^c20894141]: Article 87 was substituted by Article 9(2) of S.I.1993/1576 (N.I.6). It was amended by Article 5 and paragraphs 13 and 14 of Schedule 3 to S.I.2001/3929 and by regulation 5 and paragraphs 22 and 23 of the Schedule to S.I.2007/1655.

[^c20894151]: Article 88 was amended by sections 15(4) and 36(6) of and Parts 1 and III of Schedule 12 to the Civil Jurisdiction and Judgments Act 1982 (c.27), by Article 5 of and paragraphs 13 and 15 of Schedule 3 to S.I.2001/3929 and by regulation 5 and paragraphs 22 and 24 of the Schedule to S.I.2007/1655.

[^c20894161]: Article 98 is modified by section 5(6A) of the Civil Jurisdiction and Judgments Act 1982 (c.27). Section 5(6A) was inserted by S.I.1993/1576 (N.I.6).

[^c20894171]: Article 98(11) was amended by sections 15(4) and 36(6) of, and Parts I and III of Schedule 12 to, the Civil Jurisdiction and Judgments Act 1982 (c.27), by Article 5 of and paragraph 16 of Schedule 3 to S.I.2001/3929, and by regulation 5 and paragraph 25 of the Schedule to S.I.2007/1655.

[^c20894191]: S.I. 1993/593

[^c20894201]: S.I. 1993/594

[^c20894211]: S.I. 2009/1109

[^c20894221]: S.S.I. 2002/494. Regulation 46 has been amended by S.S.I. 2011/161.

[^key-0bd5ab159c18c53069b1a910d669e499]: Sch. 7 para. 2(4) repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-36ec5ded721c2273abe3f8abbe1dad1f]: Sch. 7 para. 8 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-01aa6ced55da91753337546b8e4c3fcb]: Regs. 2-5 omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 38(2) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-5d1fdd6967ae4dc414c68699424ce3b3]: Schs. 1-3 omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 38(6) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-3e07737ab925340da44ace4f9d437117]: Sch. 4 paras. 5-10 omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 38(7) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-a1cc02509c20556fce75c738be76d5be]: Sch. 5 omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 38(8) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-3f513822436d62dd8feddb84771984e9]: Sch. 6 omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 38(8) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-e388bc0267ad252be213c9ce27f414e0]: Words in reg. 6 substituted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 38(3) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-35d183f4ca1ca0c04203d4f747c48dd0]: Reg. 7 omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 38(4) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-cdd66ffcd7e0ccd915659b892640985b]: Reg. 8 omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 38(4) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-a7e0a72cbfb42579602d350efba44d08]: Reg. 10 omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 38(5) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-40be8090603fe4005f1adbd3e0cd09a5]: Sch. 7 para. 2(5) revoked (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 1(1), 22(3), Sch. 1 Pt. 1 (with s. 1(3)(4)); S.I. 2023/1363, reg. 2

[^key-9f1696eb68968f44da9f61086ad1b139]: Sch. 7 para. 9 revoked (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 1(1), 22(3), Sch. 1 Pt. 1 (with s. 1(3)(4)); S.I. 2023/1363, reg. 2

[^key-00cbad1e131554e5089eb77f75584a90]: Sch. 7 para. 16(5)(a) revoked (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 1(1), 22(3), Sch. 1 Pt. 1 (with s. 1(3)(4)); S.I. 2023/1363, reg. 2

[^key-114b2c002a8bb9ac8d126562b064e487]: Sch. 7 para. 24 revoked (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 1(1), 22(3), Sch. 1 Pt. 1 (with s. 1(3)(4)); S.I. 2023/1363, reg. 2

PART5 — ESTABLISHMENT AND MODIFICATION OF MAINTENANCE UNDER THE MAINTENANCE REGULATION

11

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