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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1ZA) Where the registering court is a magistrates' court in England and Wales, section 60 of the Magistrates' Courts Act 1980(1)(revocation, variation etc. of orders for periodical payment) shall have effect in relation to the registered order–

(za) as if in subsection (1) for the words “by order on complaint” there were substituted “on an application being made, by order” [F3 and for the words “revoke, revive or vary the order”, there were substituted “vary the order in accordance with subsection (3)”];

[F4 (zab) as if subsection (2) were omitted:]

(a) [F5 as if in subsection (3)–

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

(ii) for the words “paragraphs (a) to (d) of section 59(3) above” there were substituted “subsection (3A) below”; and

(iii) after that subsection there were inserted–]

“(3A) The powers of the court are–

(a) the power to order that payments under the order be made directly to [F6 the designated officer for the court or for any other magistrates' court];

(b) the power to order that payments under the order be made to [F6 the designated officer for the court or for any other magistrates' court], by such method of payment falling within section 59(6) above (standing order, etc.) as may be specified;

(c) the power to make an attachment of earnings order under the Attachment of Earnings Act 1971(2)to secure payments under the order.”;

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

“(b) payments under the order are required to be made to [F6 the designated officer for the court or for any other magistrates' court], by any method of payment falling within section 59(6) above (standing order, etc.)”,

and as if after the words “the court” there were inserted “which made the order”;

(c) as if in subsection (5) for the words “[F7 to the designated officer for the court]” there were substituted “in accordance with paragraph (a) of subsection (3A) above”;

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

(e) as if in subsection (8) for the words “paragraphs (a) to (d) of section 59(3) above” there were substituted “subsection (3A) above”;

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

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

(10) Subsection (4) of section 59 above (power of court to require debtor to open account) shall apply for the purposes of subsection (3A) above as it applies for the purposes of that section but as if for paragraph (a) there were substituted–

“(a) the court proposes to exercise its power under paragraph (b) of section 60(3A) below, and”.”.

[F8 (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”.”.]

F9 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (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.

[F11 (8A) Where a registered order was made by a court in a Member State of the European Union which was a Hague Convention country before 18th June 2011, and that court varies the order on or after that date—

(a) subsection (8) does not apply;

(b) the prescribed officer of the registering court shall record the variation of the order against the original registration.]

(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”.

[F12 (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) omitted (18.6.2011) by virtue of The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 1(1), Sch. 7 para. 25(4)(d)(i)

F3 Words in Sch. 3 s. 9(1ZA)(za) 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(c)(i)

F4 Sch. 3 s. 9(1ZA)(zab) 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(c)(ii)

F5 Words in Sch. 3 s. 9(1ZA)(a) substituted (28.6.1999) by The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) (Variation) Order 1999 (S.I. 1999/1318), arts. 1(1), 6(c)(iii)

F6 Words in Sch. 3 s. 9(1ZA)(a)(b) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 160(a)

F7 Words in Sch. 3 s. 9(1ZA)(c) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 160(b)

F8 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)

F9 Sch. 3 s. 9(2) omitted (18.6.2011) by virtue of The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 1(1), Sch. 7 para. 25(4)(d)(ii)

F10 Words in Sch. 3 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)

F11 Sch. 3 s. 9(8A) inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 1(1), Sch. 7 para. 25(4)(d)(iii)

F12 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

(1)

1980 c. 43; section 60 was substituted by section 4 of the Maintenance Enforcement Act 1991.

(2)

1971 c. 32.