Part I U.K. Reciprocal Enforcement of Maintenance Orders made in United Kingdom or Reciprocating Country

Modifications etc. (not altering text)

C1 Pt. I extended by S.I. 1979/1317, Art. 2, Sch. 2

C2 By S.I. 1982/159, art. 3 para. (1) it is provided that the functions of the Secretary of State under this Act insofar as relating to any matter concerning a court in Northern Ireland or a person residing or believed to reside there are transferred to the Lord Chancellor and by art. 3(2) it is provided that any reference to the Secretary of State, so far as necessary for giving effect to para. (1) of art. 3, to be construed as a reference to the Lord Chancellor

C3 Pt. I (ss. 1-24) applied (with modifications) (1.12.1995) by Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995 (S.I. 1995/2709), art. 3, Sch. 2 (as amended (1.4.2005) by S.I. 2005/617, art. 1, Sch. para. 163)

C4 Pt. I (ss. 1-24) applied (with modifications) (5.4.1993) by Reciprocal Enforcement of Maintenance Orders (Republic of Ireland) Order 1993 (S.I. 1993/594), art. 2(1)(2), Sch. 1, Sch. 2 (as amended (1.4.2005) by S.I. 2005/617, art. 1, Sch. para. 161)

C5 Pt. I (ss. 1-24) applied (with modifications) (5.4.1993) by Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993 (S.I. 1993/593), art. 3(1)(2), Sch. 2, Sch. 3 (as amended (1.4.2005) by S.I. 2005/617, art. 1, Sch. para. 160)

Orders made by courts in reciprocating countries U.K.

11 Steps to be taken by Secretary of State where payer under certain orders is not residing in the United Kingdom. U.K.

(1) If [F1 at any time] it appears to the Secretary of State that the payer under a maintenance order, a certified copy of which has been received by him from a reciprocating country, is not residing [F2 and has no assets in the United Kingdom,] he shall send to the responsible authority in that country or, if having regard to all the circumstances he thinks it proper to do so, to the responsible authority in another reciprocating country—

(a) the certified copy of the order in question and a certified copy of any order varying that order;

(b) if the order has at any time been a registered order, a certificate of arrears signed by the prescribed officer;

(c) a statement giving such information as the Secretary of State possesses as to the whereabouts of the payer [F3 and the nature and location of his assets]; and

(d) any other relevant documents in his possession relating to the case.

(2) Where the documents mentioned in subsection (1) above are sent to the responsible authority in a reciprocating country other than that in which the order in question was made, the Secretary of State shall inform the responsible authority in the reciprocating country in which that order was made of what he has done.

Textual Amendments

F1 Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 para. 14(a)

F2 Words substituted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 14(b)

F3 Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 37(1), 52, Sch. 11 Pt. III para. 14(c)

Modifications etc. (not altering text)

C6 Ss. 8-21 applied (28.5.2002) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002 (S.I. 2002/788), art. 4(4)(5)