SCHEDULES

SCHEDULE 11Transfer of jurisdiction to family court

Part 1Amendments of enactments

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

53

(1)

Section 36 (admissibility of evidence given in convention country) is amended as follows.

(2)

Before subsection (1) insert—

“A1

A statement contained in a document mentioned in subsection (1) shall—

(a)

in any proceedings in the family court arising out of an application to which section 27A(1) of this Act applies or an application made by any person for the variation or revocation of a registered order, or

(b)

in proceedings on appeal from proceedings within paragraph (a),

be admissible as evidence of any fact stated to the same extent as oral evidence of that fact is admissible in those proceedings.”

(3)

In subsection (1) (statements made in convention country to be admissible)—

(a)

for “A statement contained in—” substitute “ The documents referred to in subsections (A1) and (1A) are— ”,

(b)

omit the “or” following paragraph (a) and the “or” following paragraph (b),

(c)

after paragraph (c) insert—

“(1A)

A statement contained in a document mentioned in subsection (1)”,

(d)

after “magistrates' court” insert “ in Northern Ireland ”, and

(e)

omit “an application to which section 27A(1) of this Act applies,”.