Maintenance Orders (Reciprocal Enforcement) Act 1972

38 Taking of evidence at request of court in convention country. U.K.

(1) Where a request is made to the Secretary of State by or on behalf of a court in a convention country to obtain the evidence of a person residing in the United Kingdom relating to matters connected with an application to which section 26 of this Act applies, the Secretary of State shall request such court, or such officer of a court, as he may determine to take the evidence of that person relating to such matters connected with that application as may be specified in the request.

(2) The court by which or officer by whom a request under subsection (1) above is received from the Secretary of State shall have power to take the 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 or he thinks fit, shall take the evidence of the person named in the request relating to the matters specified therein in such manner as may be prescribed; and the evidence so taken shall be sent in the prescribed manner by the prescribed officer to the court in the convention country by or on behalf of which the request referred to in subsection (1) above was made.

(3) Where any person, not being the person by whom the application mentioned in subsection (1) above was made, 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.

[F2 (4) 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 to which a request under subsection (1) above is made as if the application to which the request relates were a complaint to be heard by that court.

(5) 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 court to which a request under subsection (1) above is made as if the application to which the request relates were proceedings in that court.

(6) In the application of this section to Northern Ireland, in subsection (4), for the reference to [F2 section 97(1), (3) and (4) of the 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. 109

F3 Words substituted by S.I. 1981/1675 (N.I. 26), Sch. 6 Pt. I para. 25

Marginal Citations

M1 1980 c. 43.

M2 1907 c. 51.