The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) (Variation) Order 1999

3.—(1) Paragraph 5 of Schedule 2 shall be varied by–

(a) omitting the words “or by a competent court in a Hague Convention country” in subsections (9) and (10); and

(b) omitting subsection (11);

of section 5 of the Act.

(2) Schedule 2 shall be further varied by–

(a) substituting in paragraph 6, the words “two calendar months” for the words “one calendar month” in section 6(12) of the Act;

(b) inserting in paragraph 9(2)–

(i) in subsection (1)(a) of section 9 of the Act after the word “vary”, the words “the method of payment of”;

(ii) in subsection (1)(b) of section 9 of the Act after the word “vary”, the words “the method of payment of”; and

(c) inserting after paragraph 9(2)–

“(2A) Subsection (1ZA)(1) shall be amended as follows–

(a) at the end of paragraph (za)(2), there shall be inserted the words

“and for the words “revoke, revive or vary the order”, there were substituted “vary the order in accordance with subsection (3)””;

(b) after paragraph (za), there shall be inserted the following paragraph–

“(zab) as if subsection (2) were omitted;”;

(c) in paragraph (a), for the words from “as if in subsection (3)” to “there were inserted–”, there shall be substituted “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–”.

(2B) Subsection (1ZB)(3) shall be amended as follows–

(a) at the end of paragraph (za)(4), there shall be inserted the words–

“and for the words “revoke, revive or vary the order”, there were substituted “vary the order in accordance with paragraph (3)””;

(b) after paragraph (za), there shall be inserted the following paragraph–

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

(c) in paragraph (a), for the words from “as if in paragraph (3)” to “there were inserted–”, there shall be substituted “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–“.”.

(3) Paragraph 9(4) of Schedule 2 shall be varied by–

(a) omitting subsections (3) to (7) of section 9 of the Act; and

(b) after subsection (10) of section 9 of the Act, inserting the following–

“(11) This section shall not apply to a court in Scotland.” .

(1)

Subsection (1ZA) of section 9 of the Act was inserted by the Maintenance Enforcement Act 1991 (c. 17), section 10, Schedule 1, paragraph 14.

(2)

Paragraph (za) of subsection (1ZA) of section 9 of the Act was inserted before paragraph (a) by the Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), section 1(2), Schedule 1, Part II, paragraph 9.

(3)

Subsection (1ZB) of section 9 of the Act was inserted by the Family Law (Northern Ireland) Order 1993 (S.I. 1993/1576 (N.I. 6)), Article 11 and Schedule 1, paragraph 9.

(4)

Paragraph (za) of subsection (1ZB) of section 9 of the Act was inserted before paragraph (a) of that subsection by the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)), Article 185(1) and Schedule 9, paragraph 69.