C3C4C5C6Part I Reciprocal Enforcement of Maintenance Orders made in United Kingdom or Reciprocating Country
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
Pt. I (ss. 1-24) applied (with modifications) (5.4.1993) by The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993 (S.I. 1993/593), art. 3(1)(2), Schs. 2, 3
Pt. I (ss. 1-24) applied (with modifications) (5.4.1993) by S.I. 1993/594, art. 2(1)(2), Schs. 1, 2
Pt. I (ss. 1-24) applied (with modifications) (1.12.1995) by S.I. 1995/2709, art. 3, Sch. 2
Supplemental
C217C1 Proceedings in magistrates’ courts.
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Anything authorised or required by this Part of this Act to be done by, to or before the magistrates’ court by, to or before which any other thing was done may be done by, to or before any magistrates’ court acting for the same petty sessions area (or, in Northern Ireland, petty sessions district) as that court.
F4F25
Any application which by virtue of a provision of this Part of this Act is made to a magistrates’ court F3in Northern Ireland shall be made by complaint.
F45A
Where the respondent to an application for the variation or revocation of—
a
a maintenance order made by a magistrates’ court in England and Wales, being an order to which section 5 of this Act applies; or
b
a registered order which is registered in such a court,
is residing in a reciprocating country, a magistrates’ court in England and Wales shall have jurisdiction to hear the application (where it would not have such jurisdiction apart from this subsection) if it would have had jurisdiction to hear it had the respondent been residing in England and Wales.
F56
Where the respondent to an application for the variation or revocation of—
a
a maintenance order made by a magistrates’ court in Northern Ireland, being an order to which section 5 of this Act applies; or
b
a registered order which is registered in such a court,
is residing in a reciprocating country, a magistrates’ court in Northern Ireland shall have jurisdiction to hear the application (where it would not have jurisdiction apart from this subsection) if it would have had jurisdiction to hear it had the respondent been residing in Northern Ireland.
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a
of a maintenance order made by a magistrates’ court, being an order to which section 5 of this Act applies; or
b
of a registered order registered in a magistrates’ court,
does not appear at the time and place appointed for the hearing of F7the application, but the court is satisfied that the F6respondent is residing in a reciprocating country, the court may proceed to hear and determine F7the application at the time and place appointed for the hearing or for any adjourned hearing in like manner as if the F6respondent had appeared at that time and place.
F87A
In the application of this section to Northern Ireland, in subsection (7)—
a
for the word “respondent”, in each place where it occurs, there shall be substituted “defendant”; and
b
for the words “an application” and “the application”, in each place where they occur, there shall be substituted “a complaint” and “the complaint” respectively.
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Pt. I extended by S.I. 1979/1317, Art. 2, Sch. 2