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The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012

Type Statutory-Instrument
Publication 2012-11-07
Last updated 2024-01-01
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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articles Not indexed
Reform history JSON API
58

S.I.1975/423. In the Schedule, the references to Cyprus, Romania, Slovakia, and Slovenia were inserted by article 2(2) of S.I. 1996/1925; the reference to the Czech Republic substituted by article 2(2) of that S.I.; and the reference to Ireland inserted by article 2(2) of S.I. 2002/2839.

59

Sections 27A and 28C were substituted by section 1(2) of and paragraph 13 of Part II of Schedule 1 to the Maintenance Orders (Reciprocal Enforcement) Act 1992.

63

S.I.1995/2709. Superseded by S.I. 2007/2005 and S.S.I. 2007/354 as from 1st October 2007.

Interpretation

Central Authority for England and Wales

The Convention

Enforcement

Provisions relating to information

Consequential amendments

Amendments relating to the Maintenance Regulation

Review

Application for a driving disqualification order – Scotland

Making of a driving disqualification order

Variation, revocation and expiry of driving disqualification order

Notification to the Secretary of State

Production of driving licence in England and Wales

Procedure on an application for a driving disqualification order in Scotland

Editorial notes

66

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).

67

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 the functions in relation to the implementation of obligations under European Union law in respect of private international law, 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 European Union 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.

70

1987 c.18. Section 106 was amended by S.I. 2011/1484.

72

Section 76(1) is amended by section 62(3) and paragraphs 45 and 46 of Schedule 13 to the Tribunals Courts and Enforcement Act 2007 (c.15) from a date to be appointed.

75

1992 c.4. Section 4C was inserted by section 1(1) of the National Insurance Contributions Act 2006 (c.10), and subsection 11 was amended by section 11(1) of and paragraph 5 of Schedule 1 to the Work and Families Act 2006 (c.18).

76

1958 c.39. Section 1(1A) was inserted by section 27(3) of the Administration of Justice Act 1970 (c.31) and amended by regulation 9 of and paragraph 2(1) to (3) of Schedule 7 to S.I. 2011/1484; section 1(4) was inserted by setion 22 of and paragraph 4 of the Schedule to the Maintenance Orders (Reciprocal Enforcement) Act 1972 (c.18), and amended by sections 15, 23, and 36 of and Part I of Schedule 12 to the Civil Jurisdiction and Judgments Act 1982 (c.27), article 5 of and paragraph 5 of Schedule 5

77

The definition of maintenance order in section 28(1) was amended by regulation 9 of and paragraph 3 of Schedule 7 to S.I. 2011/1484.

78

Paragraph 13B was inserted by regulation 9 and paragraph 3 of Schedule 7 to S.I. 2011/1484.

79

The definition of maintenance order in section 2 was amended by regulation 9 of, and paragraph 4 of Schedule 7 to S.I. 2011/1484.

80

Paragraph 14A was inserted by regulation 9 of, and paragraph 4 of Schedule 7 to S.I. 2011/1484.

81

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).

82

Subsection (4)(a) was amended by section 3 of and paragraph 14 of Schedule 2 to the Civil Jurisdiction and Judgments Act 1991 (c.12), article 4 of and paragraph 14 of Part IV of Schedule 2 to S.I. 2001/3929, and regulation 6 of and paragraphs 1 and 9 of Schedule 4 to S.I. 2011/1484.

83

Subsection (2) was amended by section 3 of and paragraph 15 of Schedule 2 to the Civil Jurisdiction and Judgments Act 1991 (c.12), article 4 of and paragraph 15 of Part IV of Schedule 2 to S.I.2001/3929, and regulation 6 of and paragraphs 1 and 10 of Schedule 4 to S.I. 2011/1484.

84

Section 108 is prospectively repealed from a day to be appointed by sections 9(30(b) and 58(1) of, and Part 1 of Schedule 7 to the Welfare Reform Act 2009 (c.24). Subsection (4)(aa) was inserted by regulation 9 of and paragraph 14(b) of Schedule 7 to S.I. 2011/1484.

86

Cmd 6084.

89

Cmd 7939.

91

Sub-paragraph (10)(a)(iv) was amended by, and sub-paragraph (10)(a)(b) was inserted by regulation 9 of and paragraph 29 of Schedule 7 to S.I.2011/1484.

92

Section 3 is prospectively repealed by section 22(2)(a) of the Maintenance Orders (Reciprocal Enforcement) Act 1972 form a date to be appointed. Subsections (1), (3) and (6) were amended by section 1(1) of and paragraph 1 of Part I of Schedule 1 to the Maintenance Orders (Reciprocal Enforcement) Act 1992 (c.56).

93

Section 4A was inserted by section 1(1) of and paragraph 3 of Part I of Schedule 1 to the Maintenance Orders (Reciprocal Enforcement) Act 1992. It is prospectively repealed as from a day to be appointed by section 22(2) of the Maintenance Orders (Reciprocal Enforcement) Act 1972. Subsection (3) was amended by Article 185(1) of and paragraph 5 of Schedule 9 to S.I. 1995/755.

94

Subsection (1) was substituted by section 1(2) of and paragraph 6 of Part II of Schedule 1 to the Maintenance Orders (Reciprocal Enforcement) Act 1992. Subsection (7) was substituted by article 185(1) of and paragraph 66 of Schedule 9 to S.I. 1995/755.

95

Subsection (5A) was inserted by Section 1(2) of and paragraph 10 of Part II of Schedule 1 to the Maintenance Orders (Reciprocal Enforcement) Act 1992. Subsection (6) was substituted by article 185(1) of and paragraph 70 of Schedule 9 to S.I.1995/755.

96

Section 27A was substituted by section 1(2) of and paragraph 13 of Part II to Schedule 1 of the Maintenance Orders (Reciprocal Enforcement) Act 1992 (c.56).

97

Section 28C was substituted by section 1(2) of and paragraph 13 of Part II to Schedule 1 of the Maintenance Orders (Reciprocal Enforcement) Act 1992.

98

Section 35 was substituted by section 1(2) of and paragraph 16 of Part II to Schedule 1 of the Maintenance Orders (Reciprocal Enforcement) Act 1992. Section 35(1) was amended by article 11 of and paragraph 15 of Schedule 1 to S.I.1 1993/ 1576.

99

1978 (c.22). Section 30(1) was amended by regulation 9 of and paragraph 8 of Schedule 7 to S.I. 2011/1484, section 68(1) of and paragraph 24 of Schedule 1 to the Family Law Act 1986 (c.55), section 154 of and paragraph 163 of Schedule 7 to the Magistrates' Courts Act 1980 (c.43), and section 109(1) of and paragraph 194 of Schedule 8 to the Courts Act 2003 (c.39).

100

Sections 28 and 28A were substituted by section 1(2) of and paragraph 13 of Part II to Schedule 1 of the Maintenance Orders (Reciprocal Enforcement) Act 1992.

101

O.J. No. L 7, 10.1.2009, p.1-79.

103

Section 35A was substituted by section 1(2) of and paragraph 16 of Part II to Schedule 1 of the Maintenance Orders (Reciprocal Enforcement) Act 1992, and article 185(1) of and paragraph 75 of Schedule 9 to S.I. 1995/ 755.

104

S.I. 1980/563 (NI 5)

105

Sections 29 and 29A substituted by article 185(1) of and paragraph 72 of Schedule 9 to S.I. 1995/755.

106

Paragraph 14 of Schedule 1 was substituted by regulation 9 of and paragraph 12 of Schedule 7 to S.I. 2011/1484.

107

S.I.1975/423. In the Schedule, the references to Cyprus, Romania, Slovakia, and Slovenia were inserted by article 2(2) of S.I. 1996/1925; the reference to the Czech Republic substituted by article 2(2) of that S.I.; and the reference to Ireland inserted by article 2(2) of S.I. 2002/2839.

110

S.I.1995/2709. Superseded by S.I. 2007/2005 and S.S.I. 2007/354 as from 1st October 2007.

Further amendments

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