- Latest available (Revised)
- Point in Time (05/04/1993)
- Original (As enacted)
Point in time view as at 05/04/1993.
There are currently no known outstanding effects for the Maintenance Orders (Reciprocal Enforcement) Act 1992, Paragraph 6.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
6(1)Section 3 (power of magistrates’ court to make provisional maintenance order against person residing in reciprocating country) shall be amended as follows.U.K.
(2)For subsection (1) there shall be substituted—
“(1)Where an application is made to a magistrates’ court for a maintenance order against a person residing in a reciprocating country and the court would have jurisdiction to determine the application under the Domestic Proceedings and Magistrates’ Courts Act 1978 or the Children Act 1989 if that person—
(a)were residing in England and Wales, and
(b)received reasonable notice of the date of the hearing of the application,
the court shall (subject to subsection (2) below) have jurisdiction to determine the application.”
(3)For subsection (4) there shall be substituted—
“(4)No enactment (or provision made under an enactment) requiring or enabling—
(a)a court to transfer proceedings from a magistrates’ court to a county court or the High Court, or
(b)a magistrates’ court to refuse to make an order on an application on the ground that any matter in question is one that would be more conveniently dealt with by the High Court,
shall apply in relation to an application to which subsection (1) above applies.”
(4)For subsection (7) there shall be substituted—
“(7)In the application of this section to Northern Ireland—
(a)for subsection (1) there shall be substituted—
”(1)Where a complaint is made to a magistrates’ court against a person residing in a reciprocating country and the complaint is one on which the court would have jurisdiction by virtue of any enactment to make a maintenance order if—
(a)that person were residing in Northern Ireland, and
(b)a summons to appear before the court to answer the complaint had been duly served on him,
the court shall have jurisdiction to hear the complaint and may (subject to subsection (2) below) make a maintenance order on the complaint.”, and
(b)for subsection (4) there shall be substituted—
”(4)No enactment empowering a magistrates’ court to refuse to make an order on a complaint on the ground that any matter in question is one which would be more conveniently dealt with by the High Court of Justice in Northern Ireland shall apply in relation to a complaint to which subsection (1) above applies.””
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: