C9Part I Jurisdiction
Jurisdiction of English Courts
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
2
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
4C1†Contributions under Children and Young Persons Act 1933, and National Assistance Act 1948
C2C31
F53The family court shall have jurisdiction in proceedings against a person residing in Scotland or Northern Ireland—
a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
b
C2C32
A court in England by which an order has been made under . . . F9F48the said section forty-three F10or the said section 18F11or the said section F12106 shall have jurisdiction in proceedings by or against a person residing in Scotland or Northern Ireland for the revocation, revival or variation of that order.
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
Jurisdiction of Scottish Courts
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
9 Contributions under Children and Young Persons (Scotland) Act 1937, and National Assistance Act 1948.
C4C51
A court in Scotland shall have jurisdiction in proceedings against a person residing in England or Northern Ireland—
a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17
F18aa
for a contribution order under section 80 of the M3Social Work (Scotland) Act 1968 (enforcement of duty to make contributions by parents in respect of their children while in the care of a local authority under Part II of that Act or under a supervision requirement);
b
F20c
for an order under section 18 of the Supplementary Benefits Act 1976 (which provides for the recovery of expenditure on supplementary benefits from persons liable for maintenance).
C4C52
A court in Scotland by which an order has been made under the said section ninety-one F50or the said section forty-three F19or the said section 80F23or the said section 18F24or the said section F25106 shall have jurisdiction in proceedings against a person residing in England or Northern Ireland for the revocation or variation of that order.
Jurisdiction of Northern Ireland Courts
F2610. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2711. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12 Contributions under enactments relating to children, national assistance and welfare services.
C6C71
A court of summary jurisdiction in Northern Ireland shall have jurisdiction in proceedings against a person residing in England or Scotland—
a
for a contribution order under F28Article 41 of the Children (Northern Ireland) Order 1995 (which provides for the recovery from persons liable to contribute of sums in respect of children looked after by an authority under that Order);
F29b
for an order under Article 101 of the M5Health and Personal Social Services (Northern Ireland) Order 1972 (which provides for the recovery from spouses or parents of sums in respect of accommodation provided under that Order)
C6C72
A court of summary jurisdiction in Northern Ireland shall have jurisdiction in proceedings by or against a person residing in England or Scotland for the variation or rescission of any contribution order made under the said F34Article 41F35or of any order made under either of the said Articles 101 and 23F36or of any order falling within subsection (1)(d) of this section
13
F371
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38
Supplemental
14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39
15C8 Service of process.
1
F40Where—
a
proceedings are begun in a court having jurisdiction under or by virtue of the following, namely—
i
this Part of this Act; or
iv
iv
section 93(2)(g) of that Act (including that provision as applied in relation to Northern Ireland by section 116(3) of the Courts and Legal Services Act 1990)
F45v
Article 164 of and Schedule 7 to the Children (Northern Ireland) Order 1995 or Article 165(2)(g) of that Order; or
F56vi
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
an action F46which contains a conclusion for aliment not falling within the scope of paragraph (a)(i) aboveis commenced in a sheriff court in Scotland,
and the person against whom the action or other proceedings is or are brought resides in another part of the United Kingdom, any summons or initial writ addressed to him in the proceedings may, if endorsed in accordance with the provisions of this section in that part of the United Kingdom, be served within that part of the United Kingdom as if it had been issued or authorised to be served, as the case may be, by the endorsing authority.
2
A summons or writ may be endorsed under this section, in England by a F54justice of the peace, in Scotland by a sheriff, and in Northern Ireland by a resident magistrate; and the endorsement shall be made in the form numbered 1 in the Second Schedule to this Act, or any form to the like effect.
3
In any proceedings in which a summons or writ is served under this section, the service may be proved by means of a declaration made in the form numbered 2 in the Second Schedule to this Act, or any form to the like effect, before a F54justice of the peace, sheriff, or resident magistrate, as the case may be.
4
Nothing in this section shall be construed as authorising the service of a summons or writ otherwise than personally.
5
Section four of the M12Summary Jurisdiction (Process) Act 1881, shall not apply to any process which may be served under this section; and nothing in this section or in any other enactment shall be construed as authorising the execution in one part of the United Kingdom of a warrant for the arrest of a person who fails to appear in answer to any such process issued in another part of the United Kingdom.
Pt. I (ss. 1-15) amended (1.1.1996) by 1995 c. 21, ss. 40(7), 316(2) (with s. 312(1))