C1C2C3C4Part I Reciprocal Enforcement of Maintenance Orders made in United Kingdom or Reciprocating Country
By S.I. 1982/159, art. 3 para. (1) it is provided that the functions of the Secretary of State under this Act insofar as relating to any matter concerning a court in Northern Ireland or a person residing or believed to reside there are transferred to the Lord Chancellor and by art. 3(2) it is provided that any reference to the Secretary of State, so far as necessary for giving effect to para. (1) of art. 3, to be construed as a reference to the Lord Chancellor
Pt. I (ss. 1-24) applied (with modifications) (5.4.1993) by The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993 (S.I. 1993/593), art. 3(1)(2), Schs. 2, 3
Pt. I (ss. 1-24) applied (with modifications) (5.4.1993) by S.I. 1993/594, art. 2(1)(2), Schs. 1, 2
Pt. I (ss. 1-24) applied (with modifications) (1.12.1995) by S.I. 1995/2709, art. 3, Sch. 2
Orders made by courts in the United Kingdom
4 Power of sheriff to make provisional maintenance order against person residing in reciprocating country.
F11
In any action where the sheriff has jurisdiction by virtue of Rule 2(5) of Schedule 8 to the Civil Jurisdiction and Judgments Act 1982 and the defender resides in a reciprocating country, any maintenance order granted by the sheriff shall be a provisional order.
F23
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In any action referred to in subsection (1) above—
a
it shall not be necessary for the pursuer to obtain a warrant for the citation of any person, and the action may commence and proceed without such citation;
b
no decree shall be granted in favour of the pursuer unless the grounds of action have been substantiated by sufficient evidence, and section 36(3) of the M1Sheriff Courts (Scotland) Act 1971 shall not apply in relation to any such action which is a summary cause.
5
No enactment empowering the sheriff to remit an action to the Court of Session shall apply in relation to proceedings referred to in subsection (1) above.
6
Section 3(5) and (6) of this Act shall apply for the purposes of this section as they apply for the purposes of that section, with the substitution, for references to a magistrates’ court, of references to the sheriff.
Pt. I extended by S.I. 1979/1317, Art. 2, Sch. 2