Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

Part II U.K. Reciprocal Enforcement of Claims for the Recovery of Maintenance

Modifications etc. (not altering text)

C1 Pt. II (ss. 25-39) applied (with modifications) (5.4.1993) by The Recovery of Maintenance (United States of America) Order 1993 (S.I. 1993/591), art.3(1)

C2 Pt. II applied (with modifications) (1.10.2007) by The Recovery of Maintenance (United States of America) (Scotland) Order 2007 (S.S.I. 2007/355), arts. 1(1), 4 (with art. 5)

C3 Pt. II applied (with modifications) (1.10.2007) by The Recovery of Maintenance (United States of America) Order 2007 (S.I. 2007/2006), arts. 1(2), 3 (with arts. 4, 5) (as amended by S.I. 2014/879, arts. 1(1), 118)

Application by person in convention country for recovery of maintenance in England, Wales or Northern Ireland U.K.

F1 28 Applications by spouses under the Domestic Proceedings and Magistrates’ Courts Act 1978. U.K.

(1) [F2 On] hearing an application which by virtue of section 27A of this Act is to be treated as if it were an application for a maintenance order under the Domestic Proceedings and Magistrates’ Courts Act 1978[F3 , the family court] may make any order on the application which it has power to make under section 2 or 19(1) of that Act.

(2) Part I of that Act shall apply in relation to such an application, and to any order made on such an application, with the following modifications—

(a) sections 6 to 8, 16 to 18, 20ZA, 25[F4 , 26] and 28(2) shall be omitted,

(b) F5 ... and

(c) section 32(2) shall be omitted.

(3) Subsections (1) and (2) above do not apply where section 28A of this Act applies.

Textual Amendments

F1 Ss. 27A-28C substituted (5.4.1993) for ss. 27, 28, 28A by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s.1, Sch. 1 Pt. II para.13, S.I. 1993/618, art.2

F2 Word in s. 28(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 45(a)(i); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F3 Words in s. 28(1) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 45(a)(ii); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F4 Word in s. 28(2)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 45(b)(i); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F5 S. 28(2)(b) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 45(b)(ii); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)