The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005

Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993(1) E+W

160.  In Schedule 3 (Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 applied as modified by Schedule 2 of the Order)—

(a) in section 8 (enforcement of maintenance order registered in United Kingdom court)—

(i) in subsection (3A), for “justices' chief executive” substitute “designated officer”; and

(ii) in subsection (4A) (in the provisions substituted in section 76 of the Magistrates' Courts Act 1980(2) (“the 1980 Act”)), in subsection (5)(a) and (b), for “a justices' chief executive” substitute “the designated officer for the court or for any other magistrates' court”;

(b) in section 9(1ZA) (variation of maintenance order registered in United Kingdom court)—

(a) in paragraphs (a) and (b) (in the subsection (3A) inserted, and the subsection (4)(b) substituted, in section 60 of the 1980 Act), for “a justices' chief executive” (in each place) substitute “the designated officer for the court or for any other magistrates' court”; and

(b) in paragraph (c), for “to the clerk” (substituted in subsection (5) of section 60 of the 1980 Act) substitute “to the designated officer for the court”.

(c) in section 17(4) (proceedings in magistrates' courts), for “acting for the same petty sessions area (or, in Northern Ireland, petty sessions district” substitute “acting in the same local justice area (or, in Northern Ireland, acting for the same petty sessions district”;

(d) in section 18 (magistrates' courts rules)—

(i) in subsection (1), for the words preceding paragraph (a) substitute “Rules of court may make provision with respect to—” and in that paragraph, for “acting for a particular petty sessions area” substitute “acting in a particular local justice area” and for “acting for such other petty sessions area” substitute “acting in such other local justice area”; and

(ii) in subsection (1A), for “rules made under section 144 of the Magistrates' Courts Act 1980” substitute “rules of court”; and

(e) in the definition of “prescribed” in section 21(1) omit—

(i) “in England and Wales or”,

(ii) “by rules made under section 144 of the Magistrates' Courts Act 1980 or”, and

(iii) “as the case may be”.

Commencement Information

I1 Sch. para. 160 in force at 1.4.2005, see art. 1

(1)

S.I. 1993/593, amended by S.I. 2001/410. Sections 8, 9, 17, 18 and 21 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18) are amended by paragraphs 152 to 156 of Schedule 8 to the Courts Act 2003.

(2)

1980 c. 43.