- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
Regulation 7
1. In the Maintenance and Affiliation Orders Act (Northern Ireland) 1966, in section 10(5)—
(a)after “settlement” insert “, arrangement”;
(b)for “in Northern Ireland under” substitute
“in Northern Ireland under—
(a)”;
(c)for “1972 or” substitute
“1972,
(b)”;
(d)for “1982 or” substitute
“1982,
(c)”;
(e)for “commercial matters shall” substitute
“commercial matters, or
(d)the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23rd November 2007,
shall”.
2.—(1) The Magistrates’ Courts (Northern Ireland) Order 1981 is amended as follows.
(2) In Article 86 (revocation, variation, etc., of orders for periodical payment) in paragraph (1A), after sub-paragraph (b), insert—
“(c)the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23rd November 2007;
(d)Part 1 of the Civil Jurisdiction and Judgments Act 1982.”.
(3) In Article 87 (remission of arrears and manner in which arrears to be paid)—
(a)in paragraph (1A), after sub-paragraph (b) insert—
“(c)the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23rd November 2007;
(d)Part 1 of the Civil Jurisdiction and Judgments Act 1982.”.
(b)in paragraph (7), in the definition of “non-Northern Ireland maintenance order”—
(i)the “or” at the end of sub-paragraph (a)(iv) is repealed;
(ii)at the end of sub-paragraph (a)(v) insert or
“(vi)under the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23rd November 2007;”.
(4) In Article 88 (nature of domestic proceedings) at the end of sub-paragraph (a), insert “or under the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23rd November 2007”.
(5) In Article 98 (enforcement of orders for periodical payment of money) —
(a)in paragraph (1A)—
(i)for “by virtue of Council” substitute
“by virtue of
(a)Council”;
(ii)for “Regulations 2011.” Substitute
“Regulations 2011;
(b)the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23rd November 2007; or
(c)Part 1 of the Civil Jurisdiction and Judgments Act 1982.”;
(b)in paragraph (11)(b)—
(i)for “Northern Ireland under” substitute
“Northern Ireland under
(i)”;
(ii)for “Act 1972 or” substitute
“Act 1972,
(ii)”;
(iii)for “Act 1982 or” substitute
“Act 1982,
(iii)”;
(iv)at the end insert
“or
(iv)the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23rd November 2007;”;
(c)in paragraph (13)—
(i)the “and” at the end of sub-paragraph (a) is repealed;
(ii)after sub-paragraph (b) insert—
“(c)the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23rd November 2007; and
(d)Part 1 of the Civil Jurisdiction and Judgements Act 1982.”.
3. In section 103 of the Social Security Administration (Northern Ireland) Act 1992 (reduction of expenditure on income support: certain maintenance orders to be enforceable by the Department), in subsection (4)—
(a)the “and” at the end of paragraph (aa) is repealed;
(b)after paragraph (aa) insert—
“(ab)to apply for recognition and enforcement of the maintenance order under the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23rd November 2007, to the extent permitted by Article 36 of that Convention; and”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: