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(1)The function of transmitting to the appropriate court an application under Article 31 [F1of the 1968 Convention F2. . . ] for the recognition or enforcement in the United Kingdom of a maintenance order shall be discharged—
F3[(a)as respects England and Wales F4. . . , by the Lord Chancellor; and
(b)as respects Scotland, by the Secretary of State][F5; and
(c)as respects Northern Ireland, by the Department of Justice in Northern Ireland.]
In this subsection “the appropriate court” means the magistrates’ court or sheriff court having jurisdiction in the matter in accordance with the second paragraph of Article 32 [F6but, if the appropriate court is a magistrates' court in England and Wales, the Lord Chancellor is to transmit the application to the family court].
(2)Such an application shall be determined in the first instance by the prescribed [F7officer—
(a)of the family court if the application is transmitted to that court, or
(b)in any other case, of the court having jurisdiction in the matter].
(3)Where on such an application the enforcement of the order is authorised to any extent, the order shall to that extent be registered in the prescribed manner in that court.
(4)A maintenance order registered under this section shall, for the purposes of its enforcement, be of the same force and effect, the registering court shall have in relation to its enforcement the same powers, and proceedings for or with respect to its enforcement may be taken, as if the order had been originally made by the registering court.
(5)Subsection (4) is subject to Article 39 (restriction on enforcement where appeal pending or time for appeal unexpired), to section 7 and to any provision made by rules of court as to the manner in which and conditions subject to which an order registered under this section may be enforced.
F8(5A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(5B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(5C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)A maintenance order which by virtue of this section is enforceable by a magistrates’ court in [F9England and Wales or] Northern Ireland [F10shall, subject to the modifications of Article 98 of the Magistrates’ Courts (Northern Ireland) Order 1981 specified in subsection (6A) below, be enforceable][F11as an order made by that court to which that article applies].
[F12(6A)Article 98 (enforcement of sums adjudged to be paid) shall have effect—
(a)as if for paragraph (7)(a) there were substituted the following paragraph—
“(a) “if the court is of the opinion that it is appropriate—
(i)to make an attachment of earnings order; or
(ii)to exercise its power under paragraph (8C)(b);”
(b)as if for paragraphs (8B) to (8D) there were substituted the following paragraphs—
“(8B)Upon the appearance of a person or proof of service of the summons on him as mentioned in paragraph (4) for the enforcement of an order to which this Article applies, the court or resident magistrate may vary the order by exercising one of the powers under paragraph (8C).
(8C)The powers mentioned in paragraph (8B) are—
(a)the power to order that payments under the order be made directly to the collecting officer;
(b)the power to order that payments under the order be made to the collecting officer by such method of payment falling within Article 85(7) (standing order, etc.) as may be specified;
(c)the power to make an attachment of earnings order under Part IX to secure payments under the order.
(8D)In deciding which of the powers under paragraph (8C) is to be exercised, the court or, as the case may be, a resident magistrate shall have regard to any representations made by the debtor (within the meaning of Article 85).
(8E)Paragraph (5) of Article 85 (power of court to require debtor to open account) shall apply for the purposes of paragraph (8C) as it applies for the purposes of that Article but as if for sub-paragraph (a) there were substituted—
“(a)the court proposes to exercise its power under sub-paragraph (b) of Article 98(8C), and””]
(7)The payer under a maintenance order registered under this section in a magistrates’ court in F13... Northern Ireland shall give notice of any change of address to the [F14proper officer] of that court.
A person who without reasonable excuse fails to comply with this subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F15level 2 on the standard scale].
[F16(8)In subsection (7) “proper officer” means—
F17(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)in relation to a magistrates’ court in Northern Ireland, the clerk of the court.]
Textual Amendments
F1Words in s. 5(1) inserted (1.5.1992) by Civil Juriction and Judgments Act 1991 (c. 12, SIF 45:3), s. 3, 5(3), Sch. 2 para. 2 (with s. 4); S.I. 1992/745, art. 2
F2Words in s. 5(1) omitted (1.1.2010) by virtue of The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), reg. 6(1) (with reg. 48)
F3S. 5(1)(a)(b) substituted (1.4.1992) by S.I. 1992/709, art. 4(7) (with art. 5(2))
F4Words in s. 5(1)(a) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 18 para. 29(a) (with arts. 28-31)
F5S. 5(1)(c) and preceding word inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 18 para. 29(b) (with arts. 28-31)
F6Words in s. 5(1) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 86(2); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F7Words in s. 5(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 86(3); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F8S. 5(5A)-(5C) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 86(4); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F9Words repealed (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33, Sch. 2 para. 89(3), Sch. 3 paras. 1, 6
F10Words in s. 5(6) substituted (N.I.) (4.11.1996) by S.I. 1993/1576 (N.I. 6), arts. 1(3), 11, Sch. 1 para. 16(a); S.R. 1996/454, art. 3
F11Words in s. 5(6) substituted (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(1), Sch. 9 para. 116; S.R. 1996/297, art. 2(2)
F12S. 5(6A) inserted (N.I.) (4.11.1996) by S.I. 1993/1576 (N.I. 6), arts. 1(3), 11, Sch. 1 para. 16(b); S.R. 1996/454, art. 3
F13Words in s. 5(7) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 86(5); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F14Words in s. 5(7) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 122(1)(3); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)
F15Words substituted: (E.W.) by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46; (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G; and (N.I.) by S.I. 1984/703 (N.I. 3), arts. 5, 6
F16S. 5(8) inserted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 122(1)(4); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)
F17S. 5(8)(a) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 86(6); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
Modifications etc. (not altering text)
C1S. 5 applied (with modifications) (1.4.1993) by S.I. 1993/604, art. 3.
C2S. 5(1): functions of the Secretary of State as respects England and Wales transferred (1.4.1992) to the Lord Chancellor by S.I. 1992/709, art. 4(6)(a)(b) (with art. 5(2))
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