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

Variation of maintenance order registered in United Kingdom court. U.K.

9.—(1) Subject to the provisions of this section–

(a) the registering court shall have the like power, on an application made by the payer or payee under a registered order, to vary [F1 the method of payment of] the order as if it had been made by the registering court and as if that court had had jurisdiction to make it;

[F2 (b) the jurisdiction of a court to vary the method of payment of a registered order be exercisable notwithstanding that the proceedings for the variation of the order are brought by or against a person residing in a Hague Convention country.]

F3 (1ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 (1ZB) Where the registering court is a court of summary jurisdiction in Northern Ireland, Article 86 of the Magistrates' Court (Northern Ireland) Order 1981 (revocation, variation etc., of orders for periodical payment) shall have effect in relation to the registered order–

(za) as if in paragraph (1) for the words “by order on complaint” there were substituted “on an application being made, by order” and for the words “revoke, revive or vary the order”, there were substituted “vary the order in accordance with paragraph (3)”;

(zab) as if paragraph (2) were omitted;

(a) as if in paragraph (3)–

(i) for the words “shall include”, there were substituted “means the”,

(ii) for the words “sub-paragraphs (a) to (d) of Article 85(3)” there were substituted “paragraph (3A)”, and

(iii) after that paragraph there were inserted–

“(3A) The powers of the court are–

(a) the power to order that payments under the order be made directly to the collecting officer;

(b) the power to order that payments under the order be made to the collecting officer by such method of payment falling within Article 85(7) (standing order, etc.) as may be specified;

(c) the power to make an attachment of earnings order under Part IX to secure payments under the order;”

(b) as if in paragraph (4) for sub-paragraph (b) there were substituted–

“(b) payments under the order are required to be made to the collecting officer by any method of payment falling within Article 85(7) (standing order, etc.)”; and as if after the words “petty sessions” there were inserted “for the petty sessions district for which the court which made the order acts”;

(c) as if in paragraph (5) for the words “to the collecting officer” there were substituted “in accordance with sub-paragraph (a) of paragraph (3A)”;

(d) as if in paragraph (7), sub-paragraph (c) and the word “and” immediately preceding it were omitted;

(e) as if in paragraph (8) for the words “sub-paragraphs (a) to (d) of Article 85(3)” there were substituted “paragraph (3A)”;

(f) as if for paragraphs (9) and (10) there were substituted the following paragraphs–

“(9) In deciding, for the purposes of paragraphs (3) and (8), which of the powers under paragraph (3A) it is to exercise, the court shall have regard to any representations made by the debtor.

(10) Paragraph (5) of Article 85 (power of court to require debtor to open account) shall apply for the purposes of paragraph (3A) as it applies for the purpose of that Article but as if for sub-paragraph (a) there were substituted–

“(a) the court proposes to exercise its power under sub-paragraph (b) of Article 86(3A), and”.”.]

[F5 (2) The registering court may not vary a registered order unless—

(a) the payer under the order is habitually resident in the United Kingdom at the time when the proceedings to vary the order were instituted; or

(b) the respondent in those proceedings had submitted to the jurisdiction of the registered court, either expressly or by defending on the merits of the case without objecting to the jurisdiction.]

F6 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Where a registered order has been varied by the registering court or by a court in a Hague Convention country, the prescribed officer of the registering court shall register the variation order in the prescribed manner.

F7 (8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Where a registered order has been varied by the registering court or by a court in a Hague Convention country, the registered order shall, as from the date on which the variation order took effect, have effect as so varied.

(10) In the application of this section to Northern Ireland, in subsections (2) and (7), for the word “respondent” in each place where it occurs, there shall be substituted “defendant”.

[F8 (11) This section shall not apply to a court in Scotland.]

Textual Amendments

F1 Words in Sch. 3 s. 9(1)(a) inserted (28.6.1999) by The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) (Variation) Order 1999 (S.I. 1999/1318), arts. 1(1), 6(a)

F2 Sch. 3 s. 9(1)(b) inserted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 31(14)(a) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Sch. 3 s. 9(1ZA) omitted (22.4.2014) by virtue of The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 39

F4 Sch. 3 s. 9(1ZB) inserted (28.6.1999) by The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) (Variation) Order 1999 (S.I. 1999/1318), arts. 1(1), 6(d)

F5 Sch. 3 s. 9(2) inserted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 31(14)(b) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

F6 Sch. 3 s. 9(3)-(7) omitted (28.6.1999) by The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) (Variation) Order 1999 (S.I. 1999/1318), arts. 1(1), 7(a)

F7 Sch. 3 s. 9(8A) omitted (31.12.2020) by virtue of The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 31(14)(c) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

F8 Sch. 3 s. 9(11) inserted (28.6.1999) by The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) (Variation) Order 1999 (S.I. 1999/1318), arts. 1(1), 7(b)

Commencement Information

I1 Sch. 3 para. 9 in force at 5.4.1993, see art. 1