Civil Jurisdiction and Judgments Act 1982

[F1 7 (1) The Maintenance and Affiliation Orders Act (Northern Ireland) 1966 is amended as follows. U.K.

(2) After section 11 insert—

11A “ Interest on sums recoverable under certain orders registered in the High Court.

(1) Where, in connection with an application under section 11(3) for the registration of an order made by a court of summary jurisdiction, the applicant shows in accordance with the rules of court—

(a) that the order, though deemed for the purposes of this Part to have been made by a court of summary jurisdiction in Northern Ireland, was in fact made in a country or territory outside the United Kingdom ; and

(b) that, as regards any sum for whose payment the order provides, interest on that sum at a particular rate is, by the law of that country or territory, recoverable under the order from a particular date or time,

then, if the original court grants the application and causes a certified copy of the order to be sent to the prescribed officer of the High Court under section 11(4)(c) it shall also cause to be sent to him a certificate in the prescribed form showing, as regards that sum, the rate of interest so recoverable and the date or time from which it is so recoverable.

(2) The officer of a court who receives a certificate sent to him under subsection (1) shall cause the certificate to be registered in that court together with the order to which it relates.

(3) Where an order is registered together with a certificate under this section, then, subject to any provision made under subsection (4), sums payable under the order shall carry interest at the rate specified in the certificate from the date or the time so specified.

(4) Provision may be made by rules of court as to the manner in which and the periods by reference to which any interest payable by virtue of subsection (3) is to be calculated and paid, including provision for such interest to cease to accrue as from a prescribed date.

(5) Except as provided by this section sums payable under registered order shall not carry interest.”.

(3) In section 12(1) (enforcement of registered orders), after “Subject to the provisions of” insert “ section 11A and ”.

(4) In section 16(2) of that Act (construction of “rules of court”) at the end add “ and in section 11A(4) shall be construed as including a reference to Judgement Enforcement Rules made under Article 141 of the Judgments Enforcement (Northern Ireland) Order 1981 ”.]

Textual Amendments

F1 Sch. 1 substituted (1.1.2001) by The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 (S.I. 2000/1824), arts. 1, 8(1), Sch. 1