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Version Superseded: 22/04/2014
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There are currently no known outstanding effects for the Maintenance Orders (Reciprocal Enforcement) Act 1972, Section 35.
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[F2(1)Subsection (1A) applies in relation to an application for the variation or revocation of a registered order registered in a magistrates’ court in England and Wales (“the registering court”) made—
(a)by the person against whom or on whose application the registered order was made, and
(b)in circumstances where the person by or against whom the application is made is residing outside England and Wales.
(1A)The registering court has jurisdiction to hear the application even though—
(a)a party to the application is residing outside England and Wales, and
(b)the requirement in section 30(1) of the Domestic Proceedings and Magistrates’ Courts Act 1978 as applied by section 28(2) or 28A(6) of this Act, is not satisfied.
(1B)But if the application or part of it relates to a matter where jurisdiction falls to be determined by reference to the jurisdictional requirements of the Maintenance Regulation and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, the registering court may not entertain the application or that part of it unless it has jurisdiction to do so by virtue of that Regulation and that Schedule.]
(2)None of the powers of the court, or of the clerk of the court, under section 34A of this Act shall be exercisable in relation to such an application.
(3)Where the respondent to an application for the variation or revocation of a registered order which is registered in a magistrates’ court in England and Wales does not appear at the time and place appointed for the hearing of the application, but the court is satisfied—
(a)that the respondent is residing outside England and Wales, and
(b)that the prescribed notice of the making of the application and of the time and place appointed for the hearing has been given to the respondent in the prescribed manner,
the court may proceed to hear and determine the application at the time and place appointed for the hearing or for any adjourned hearing in like manner as if the respondent had appeared at that time and place.
[F3(4)In subsection (1B) “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark.]]
Textual Amendments
F1Ss. 35, 35A substituted (5.4.1993) for s. 35 by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), ss. 1, 3, Sch. 1 Pt. II, para. 16; S.I. 1993/618, art. 2
F2S. 35(1)-(1B) substituted for s. 35(1) (7.12.2012) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(2), Sch. 5 para. 2(6)(a)
F3S. 35(4) inserted (7.12.2012) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(2), Sch. 5 para. 2(6)(b)
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