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

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Maintenance Orders (Facilities for Enforcement) Act 1920 (c.33)E+W

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1.—(1) The Maintenance Orders (Facilities for Enforcement) Act 1920 is amended as follows.

(2) In section 3 M1(power to make provisional orders of maintenance against persons resident in Her Majesty's dominions)—

(a)in subsection (1), after “if that person had been” insert “ habitually ”;

(b)in subsection (3), after “if the person against whom the order is made had been” insert “ habitually ”;

(c)in subsection (6), after “the order is sought to be made been” insert “ habitually ”.

(3) In section 4A M2 (variation and revocation of maintenance orders)—

(a)in subsection (2), for the second “residing” substitute “ habitually resident ”;

(b)in subsection (3), for the second “residing” substitute “ habitually resident ”.

Marginal Citations

M1Section 3 is prospectively repealed by section 22(2)(a) of the Maintenance Orders (Reciprocal Enforcement) Act 1972 form a date to be appointed.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).

M2Section 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 It is prospectively repealed as from a day to be appointed by section 22(2) of the Maintenance Orders (Reciprocal Enforcement) Act 1972.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.

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