Maintenance Orders (Reciprocal Enforcement) Act 1972

[14 Obtaining of evidence needed for purpose of certain proceedings. U.K.

(1) Where for the purpose of any proceedings in a court in a reciprocating country relating to a maintenance order to which this Part of this Act applies a request is made by or on behalf of that court for the taking in the United Kingdom of the evidence of a person residing therein relating to matters specified in the request, such court in the United Kingdom as may be prescribed shall have power to take that evidence and, after giving notice of the time and place at which the evidence is to be taken to such persons and in such manner as it thinks fit, shall take the evidence in such manner as may be prescribed.

Evidence taken in compliance with such a request shall be sent in the prescribed manner by the prescribed officer of the court to the court in the reciprocating country by or on behalf of which the request was made.

(2) Where any person, not being the payer or the payee under the maintenance order to which the proceedings in question relate, is required by virtue of this section to give evidence before a court in the United Kingdom, the court may order that there shall be paid—

(a) if the court is a court in England, Wales or Scotland, out of moneys provided by Parliament; and

(b) if the court is a court in Northern Ireland, out of moneys provided by [F1 Parliament],

such sums as appear to the court reasonably sufficient to compensate that person for the expense, trouble or loss of time properly incurred in or incidental to his attendance.

(3) [F2 Section 97(1), (3) and (4) of the M1 Magistrates’ Courts Act 1980] (which provide for compelling the attendance of witnesses, etc.) shall apply in relation to a magistrates’ court having power under subsection (1) above to take the evidence of any person as if the proceedings in the court in a reciprocating country for the purpose of which a request for the taking of the evidence has been made were proceedings in the magistrates’ court and had been begun by complaint.

(4) Paragraphs 71 and 73 of Schedule 1 to the M2 Sheriff Courts (Scotland) Act 1907 (which provide for the citation of witnesses, etc.) shall apply in relation to a sheriff having power under subsection (1) above to take the evidence of any person as if the proceedings in the court in a reciprocating country for the purpose of which a request for the taking of the evidence has been made were proceedings in the sheriff court.

(5) A court in the United Kingdom may for the purpose of any proceedings in that court under this Part of this Act relating to a maintenance order to which this Part of this Act applies request a court in a reciprocating country to take or provide evidence relating to such matters as may be specified in the request and may remit the case to that court for that purpose.

(6) In the application of this section to Northern Ireland, in subsection (3), for the reference to [F2 section 97(1), (3) and (4) of the M3 Magistrates’ Courts Act 1980] there shall be substituted a reference to [F3 Articles 118(1), (3) and (4), 119 and 120 of the Magistrates’ Courts (Northern Ireland) Order 1981].]

Textual Amendments

F1 Word substituted by S.I. 1973/2163, Sch. 5 para. 22.

F2 Words substituted by Magistrates' Courts Act 1980 (c. 43), s. 154, Sch. 7 para. 105

F3 Words substituted by S.I. 1981/1675 (N.I. 26), Sch. 6 Pt. I para. 21

Modifications etc. (not altering text)

C1 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)

C2 Ss. 5, 12-15, 17, 18, 21 applied (28.5.2002) by The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002 (S.I. 2002/788), art. 4(2)(3)

Marginal Citations

M1 1980 c. 43.

M2 1907 c. 51.

M3 1980 c. 43.