The Reciprocal Enforcement of Maintenance Orders (Republic of Ireland) Order 1993

Explanatory Note

(This note is not part of the Order)

This Order applies the provisions of Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972, as amended, to the Republic of Ireland subject to the exceptions, adaptations and modifications set out in Schedule 1. Schedule 2 sets out Part I as so applied. This Order replaces and revokes an earlier order to similar effect (the Reciprocal Enforcement of Maintenance Orders (Republic of Ireland) Order 1974).

• The principal modifications effected by Schedule 1 are as follows:—

  (a)

  in England and Wales and Northern Ireland, a provisional maintenance order may be confirmed by the court which made it and does not require confirmation by a court in the Republic of Ireland (paragraph 3);

  (b)

  in Scotland, all maintenance orders sent for enforcement in the Republic of Ireland are orders which require no confirmation by any court (paragraph 4);

  (c)

  a maintenance order made by a court in the Republic of Ireland may not be varied or revoked by a court in the United Kingdom and only a United Kingdom court may vary or revoke a maintenance order made in the United Kingdom (paragraphs 5 and 9);

  (d)

  registration of a maintenance order made in the Republic of Ireland may be refused on certain grounds and all orders which are registered are orders which require no confirmation (paragraphs 6 and 7);

  (e)

  references to the basis for jurisdiction relating to the presence of “assets” within the jurisdiction (brought in by the Civil Jurisdiction and Judgments Act 1982) (as an alternative to residence) are omitted (paragraphs 2, 6 and 10).

• This Order comes into force on 5th April 1993.