Sch. 11 para. 4 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
Sch. 11 para. 5 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
Sch. 11 para. 6 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
Sch. 11 para. 7 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
Sch. 11 para. 8 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
Sch. 11 para. 9 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
Sch. 11 para. 10 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
Sch. 11 para. 11 in force at 22.4.2014 by S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
The Maintenance Orders (Facilities for Enforcement) Act 1920 is amended in accordance with paragraphs 5 to 11.
The amendments made by paragraphs 5 to 11 cease to have effect on the coming into force of the repeal of the Maintenance Orders (Facilities for Enforcement) Act 1920 by section 22(2)(a) of the Maintenance Orders (Reciprocal Enforcement) Act 1972.
In section 1(2) (courts in which maintenance orders from Her Majesty's dominions outside the United Kingdom are to be registered) after “and, if the court was not a court of superior jurisdiction, be” insert
Section 3 (power of courts in England and Wales, or Northern Ireland, to make provisional orders of maintenance against certain persons resident outside the United Kingdom) is amended as follows.
In subsection (1) (circumstances in which provisional orders may be made) for “a court of summary jurisdiction in England or Ireland” substitute
In subsection (4) (taking of evidence by court of summary jurisdiction at request of court in a part of Her Majesty's dominions outside the United Kingdom)—
omit “of summary jurisdiction” in the first place, and
after “that court or” insert
In subsection (5) (confirmation of order does not affect any power of court of summary jurisdiction to vary or revoke order, provided certain requirements are met)—
after “any power of” insert
after “summary jurisdiction” insert
Omit subsection (7) (variation etc in a magistrates' court in England and Wales).
Section 4 (power of court of summary jurisdiction to confirm maintenance order made outside the United Kingdom) is amended as follows.
In subsection (1) (procedure for determining whether order should be confirmed by court of summary jurisdiction)—
after “confirmed by” insert
omit “England or” in the first place,
after “send the said documents” insert
after “court of summary jurisdiction”, in the second place, insert
In subsection (5A) (exercise of powers where a magistrates' court in England and Wales confirms a provisional order)—
for “a magistrates'” substitute
for “shall” substitute
In subsection (5B) (available powers)—
in each of paragraphs (a) and (b) for “the designated officer for the court or for any other magistrates' court” substitute
in paragraph (b) for “59(6) of the Magistrates' Courts Act 1980” substitute
In subsection (5C) (deciding on exercise of powers)—
for “which of the” substitute
omit “it is to exercise”.
In subsection (5D) (power to require account to be opened) for “Subsection (4) of section 59 of the Magistrates' Courts Act 1980” substitute
In subsection (6) omit “Subject to subsection (6A),”.
Omit subsection (6A) (modifications of section 60 of the Magistrates' Courts Act 1980).
Section 4A (variation and revocation of maintenance orders) is amended as follows.
In subsection (2) (jurisdiction of magistrates' court where respondent resides in a part of Her Majesty's dominions outside the United Kingdom to which the Act extends) for “a magistrates' court in England and Wales” substitute
In subsection (4) (magistrates' court hearings in absence of respondent), in paragraph (a) for “a magistrates' court in England and Wales” substitute
In subsection (5) (application of subsection (4) to Northern Ireland with modifications) in paragraph (c) for ““a magistrates' court in England and Wales”” substitute
Section 6 (mode of enforcing orders) is amended as follows.
In subsection (1) (enforcement steps to be taken by court of summary jurisdiction) omit “of summary jurisdiction”.
For subsection (2) substitute—
Every such order registered in or confirmed by the family court is enforceable as if it were an order made by the family court and as if that court had had jurisdiction to make it.
In subsection (3) (execution of a warrant in a part of the United Kingdom in which the issuing court does not have jurisdiction) after “issued by” insert
In section 9 (use of depositions taken outside United Kingdom) after “courts of summary jurisdiction” insert
In section 11(za) (application of section 3 to Northern Ireland) for “for subsection (7) of that section there shall be substituted” substitute