Explanatory Note
(This note is not part of the Order)
This Order provides for the implementation in the United Kingdom of the Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations concluded at The Hague on 2nd October 1973. It replaces and revokes an earlier order (the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1979 to similar effect. The differences between this Order and the 1979 Order reflect changes made in the domestic law in England and Wales, and Northern Ireland on maintenance since then, including the Children Act 1989 (c. 41), the Maintenance Enforcement Act 1991 (c. 17) and the Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56).
This Order applies the provisions of Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972, as amended, in relation to the Hague Convention countries listed in Schedule 1 as they apply in relation to a reciprocating country, subject to the exceptions, adaptations and modifications set out in Schedule 2 to the Order. Accordingly, Part I of the 1972 Act is to have effect as set out in Schedule 3 to the Order.
The dates of the coming into force of the Hague Convention between the United Kingdom and the Hague Convention countries are as follows: Federal Republic of Germany (1st April 1987); Finland (1st July 1983); France (1st October 1977); Italy (1st January 1982); Luxembourg (1st June 1981); Netherlands (Kingdom in Europe and Netherlands Antilles (1st March 1981); Norway (1st July 1978); Portugal (1st August 1976); Slovakia (until 1st January 1993 part of the Czech and Slovak Federal Republic) (1st August 1976); Sweden (1st May 1977); Switzerland (1st August 1976); The Czech Republic (until 1st January 1993 part of the Czech and Slovak Federal Republic) (1st August 1976); and Turkey (1st November 1983).
The Order comes into force on 5th April 1993.