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Statutory Instruments

1994 No. 1902

MAINTENANCE OF DEPENDANTS

The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) (Variation) Order 1994

Made

19th July 1994

Laid before Parliament

29th July 1994

Coming into force

1st September 1994

At the Court at Buckingham Palace, the 19th day of July 1994

Present,

The Queen’s Most Excellent Majesty in Council

Whereas Her Majesty is satisfied that arrangements have been made in Denmark to ensure that maintenance orders made by courts in the United Kingdom against persons in that country can be enforced there:

And whereas Her Majesty is satisfied that in the interest of reciprocity it is desirable to ensure that maintenance orders made by courts in Denmark against persons in the United Kingdom can be enforced in the United Kingdom:

Now, therefore, Her Majesty, in exercise of the powers conferred by sections 40 and 45(1) of the Maintenance Orders (Reciprocal Enforcement) Act 1972(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1.  This Order may be cited as the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) (Variation) Order 1994 and shall come into force on 1st September 1994.

2.  Schedule 1 to the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993(2) shall be varied by inserting “Denmark” before “Federal Republic of Germany”.

N. H. Nicholls

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993 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 applies the provisions of Part 1 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18) as amended, in relation to the Hague Convention countries listed in Schedule 1 to the Order as they apply in relation to a reciprocating country, subject as mentioned in the Order.

Denmark ratified the Convention on 7th October 1987 and it came into force there on 1st January 1988. This Order amends Schedule 1 to the 1993 Order by adding Denmark to the list of Hague Convention countries to which the Order applies.

(1)

1972 c. 18; section 40 was amended by the Civil Jurisdiction and Judgements Act 1982 (c. 27), Schedules 11 and 14.

(2)

S.I. 1993/593.