The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011

  1. Introductory Text

  2. 1.Citation, commencement and extent

  3. 2.Interpretation

  4. 3.The Maintenance Regulation

  5. 4.Provisions relating to information

  6. 5.Provisions relating to authentic instruments and court settlements

  7. 6.Amendments to the Civil Jurisdiction and Judgments Act 1982

  8. 7.Amendments to the Civil Jurisdiction and Judgments Order 2001

  9. 8.Allocation of jurisdiction within the United Kingdom

  10. 9.Consequential amendments

  11. 10.Review

  12. Signature

    1. SCHEDULE 1

      THE MAINTENANCE REGULATION

      1. PART 1 Introductory

        1. 1.Interpretation

        2. 2.Central Authorities

      2. PART 2 Recognition and enforcement of maintenance decisions made by courts in Maintenance Regulation States other than Denmark

        1. 3.Application of Part 2

        2. 4.Enforcement of maintenance decisions

      3. PART 3 Recognition and enforcement of maintenance decisions made by courts in Denmark etc

        1. 5.Application of Part 3

        2. 6.Recognition and enforcement of maintenance orders

        3. 7.Proceedings to contest decisions given on appeal in connection with applications for registration

      4. PART 4 Recognition and enforcement of maintenance decisions - general

        1. 8.Interest on judgments

        2. 9.Currency of payments under maintenance decisions

        3. 10.Proof and admissibility of certain maintenance decisions and related documents

    2. SCHEDULE 2

      PROVISIONS RELATING TO INFORMATION

      1. 1.(1) The following are designated for the purposes of Article...

      2. 2.Subject to the provisions of Chapter VII of the Maintenance...

      3. 3.(1) Information referred to in Article 61(2) of the Maintenance...

      4. 4.(1) Subject to sub-paragraph (3), a person who—

      5. 5.A person found guilty of an offence under this Schedule...

    3. SCHEDULE 3

      PROVISIONS RELATING TO AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS

      1. 1.References in this Schedule to authentic instruments and court settlements...

      2. 2.(1) In relation to an authentic instrument or court settlement...

      3. 3.Section 18(7) of the Act (disapplication of section 18) has...

    4. SCHEDULE 4

      AMENDMENTS TO THE CIVIL JURISDICTION AND JUDGMENTS ACT 1982

      1. 1.The Civil Jurisdiction and Judgments Act 1982 is amended as...

      2. 2.In section 16 (allocation within UK of jurisdiction in certain...

      3. 3.In section 18 (enforcement of UK judgments in other parts...

      4. 4.In section 20 (rules as to jurisdiction in Scotland), in...

      5. 5.(1) Section 24 (interim relief and protective measures in cases...

      6. 6.(1) Section 25 (interim relief in England and Wales and...

      7. 7.(1) Section 27 (provisional and protective measures in Scotland in...

      8. 8.(1) Section 28 (application of s.1 of the Administration of...

      9. 9.In section 32 (overseas judgments given in proceedings brought in...

      10. 10.In section 33 (certain steps not to amount to submission...

      11. 11.In Schedule 4 (Chapter II of the Regulation as modified...

      12. 12.Paragraph 5 of Schedule 5 (proceedings excluded from Schedule 4)...

      13. 13.In Schedule 8 (rules as to jurisdiction in Scotland), paragraph...

    5. SCHEDULE 5

      AMENDMENTS TO THE CIVIL JURISDICTION AND JUDGMENTS ORDER 2001

      1. 1.Schedule 1 to the Order is amended in accordance with...

      2. 2.In paragraph 3, sub-paragraphs (1) and (2) are revoked.

      3. 3.(1) Paragraph 4 is amended as follows.

    6. SCHEDULE 6

      ALLOCATION WITHIN THE UNITED KINGDOM OF JURISDICTION RELATING TO MAINTENANCE MATTERS

      1. 1.The provisions of this Schedule have effect for determining, as...

      2. 2.In this Schedule, a reference to an Article by number...

      3. 3.The provisions of Chapter II of the Maintenance Regulation apply...

      4. 4.Article 3 applies as if— (a) the references in Article...

      5. 5.Article 4(1) to (3) applies as if—

      6. 6.Article 5 applies as if— (a) after “this Regulation” there...

      7. 7.Where Article 6, as read with the second paragraph of...

      8. 8.Article 7 applies as if for the second sentence there...

      9. 9.(1) Sub-paragraphs (2) and (3) have effect in addition to...

      10. 10.Article 9 does not apply.

      11. 11.(1) Sub-paragraphs (2) and (3) have effect instead of Articles...

      12. 12.Article 12 applies as if after “different Member States” there...

      13. 13.Article 13 applies as if after “different Member States” there...

      14. 14.Article 14 applies as if— (a) for “a Member State”...

      15. 15.Notwithstanding the preceding provisions of this Schedule, the exercise of...

      16. 16.This Schedule does not apply to— (a) matters in relation...

    7. SCHEDULE 7

      CONSEQUENTIAL AMENDMENTS

      1. 1.Maintenance Orders Act 1950 (c.37)

      2. 2.Maintenance Orders Act 1958 (c.39)

      3. 3.Administration of Justice Act 1970 (c.31)

      4. 4.Attachment of Earnings Act 1971 (c.32)

      5. 5.Maintenance Orders (Reciprocal Enforcement) Act 1972 (c.18)

      6. 6.Matrimonial Causes Act 1973 (c.18)

      7. 7.Domicile and Matrimonial Proceedings Act 1973 (c.45)

      8. 8.Domestic Proceedings and Magistrates’ Courts Act 1978 (c.22)

      9. 9.Magistrates’ Courts Act 1980 (c. 43)

      10. 10.Matrimonial and Family Proceedings Act 1984 (c. 42)

      11. 11.Debtors (Scotland) Act 1987 (c.18)

      12. 12.Children Act 1989 (c.41)

      13. 13.Child Support Act 1991 (c.48)

      14. 14.Social Security Administration Act 1992 (c.5)

      15. 15.Social Security Administration (Northern Ireland) Act 1992 (c.8)

      16. 16.Civil Partnership Act 2004 (c.33)

      17. 17.Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c. 35) (NI)

      18. 18.Matrimonial Causes (Northern Ireland) Order 1978 (SI 1978/1045 (NI 15))

      19. 19.Domestic Proceedings (Northern Ireland) Order 1980 (SI 1980/563 (NI 5))

      20. 20.Magistrates’ Courts (Northern Ireland) Order 1981 (SI 1981/1675 (NI 26))

      21. 21.Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (SI 1989/677 (NI 4))

      22. 22.Child Support (Northern Ireland) Order 1991 (SI 1991/2628 (NI 23))

      23. 23.Children (Northern Ireland) Order 1995 (SI 1995/755 (NI 2))

      24. 24.The Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 2001

      25. 25.The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993

      26. 26.(1) Despite paragraph 25(2), the countries listed in that paragraph...

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

      28. 28.(1) Despite paragraph 27, Part 1 of the Act, as...

      29. 29.The Armed Forces (Forfeitures and Deductions) Regulations 2009

      30. 30.The Civil Legal Aid (Scotland) Regulations 2002

  14. Explanatory Note