1999 No. 1318
The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) (Variation) Order 1999
Made
Laid before Parliament
Coming into force
At the Court at Buckingham Palace, the 11th day of May 1999
Present,
The Queen’s Most Excellent Majesty in Council
Whereas Her Majesty is satisfied that arrangements have been made in the Republic of Estonia and the Republic of Poland to ensure that maintenance orders made by courts in the United Kingdom 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 those countries can be enforced in the United Kingdom:
Now, therefore, Her Majesty, in exercise of the powers conferred on Her by sections 40 and 45 (1) of the Maintenance Orders (Reciprocal Enforcement) Act 19721 (“the Act”), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:–
1
1
This Order may be cited as the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) (Variation) Order 1999 and shall come into force on 28th June 1999.
2
In this Order, unless the context otherwise requires, a Schedule referred to by number means the Schedule so numbered in the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 19932 and any reference to a section of the Act3 shall be a reference to that section as applied with such exceptions, adaptations and modifications as are specified in Schedule 2 to that Order.
2
Schedule 1 shall be varied by inserting, after the word “Portugal”, the words “Republic of Estonia” and “Republic of Poland”.
3
1
Paragraph 5 of Schedule 2 shall be varied by–
a
omitting the words “or by a competent court in a Hague Convention country” in subsections (9) and (10); and
b
omitting subsection (11);
of section 5 of the Act.
2
Schedule 2 shall be further varied by–
a
substituting in paragraph 6, the words “two calendar months” for the words “one calendar month” in section 6(12) of the Act;
b
inserting in paragraph 9(2)–
i
in subsection (1)(a) of section 9 of the Act after the word “vary”, the words “the method of payment of”;
ii
in subsection (1)(b) of section 9 of the Act after the word “vary”, the words “the method of payment of”; and
c
inserting after paragraph 9(2)–
2A
Subsection (1ZA)4 shall be amended as follows–
a
at the end of paragraph (za)5, there shall be inserted the words
and for the words “revoke, revive or vary the order”, there were substituted “vary the order in accordance with subsection (3)”
b
after paragraph (za), there shall be inserted the following paragraph–
zab
as if subsection (2) were omitted;
c
in paragraph (a), for the words from “as if in subsection (3)” to “there were inserted–”, there shall be substituted “as if in subsection (3)–
i
for the words “shall include”, there were substituted “means the,”;
ii
for the words “paragraphs (a) to (d) of section 59(3) above” there were substituted “subsection (3A) below”; and
iii
after that subsection there were inserted–
2B
Subsection (1ZB)6 shall be amended as follows–
a
at the end of paragraph (za)7, there shall be inserted the words–
and for the words “revoke, revive or vary the order”, there were substituted “vary the order in accordance with paragraph (3)”
b
after paragraph (za), there shall be inserted the following paragraph–
zab
as if paragraph (2) were omitted;
c
in paragraph (a), for the words from “as if in paragraph (3)” to “there were inserted–”, there shall be substituted “as if in paragraph (3)–
i
for the words “shall include”, there were substituted “means the”;
ii
for the words “sub-paragraphs (a) to (d) of Article 85(3)” there were substituted “paragraph (3A)”; and
iii
after that paragraph there were inserted–“.”.
3
Paragraph 9(4) of Schedule 2 shall be varied by–
a
omitting subsections (3) to (7) of section 9 of the Act; and
b
after subsection (10) of section 9 of the Act, inserting the following–
11
This section shall not apply to a court in Scotland.
4
Schedule 3 shall be varied by–
a
omitting the words “or by a competent court in a Hague Convention country” in subsections (9) and (10); and
b
omitting subsection (11);
of section 5 of the Act.
5
Schedule 3 shall be further varied by substituting the words “two calendar months” for the words “one calendar month” in section 6(12) of the Act.
6
Schedule 3 shall be further varied by inserting in section 9 of the Act–
a
in subsection (1)(a) after the word “vary”, the words “the method of payment of”;
b
in subsection (1)(b) after the word “vary”, the words “the method of payment of”;
c
in subsection (1ZA)–
i
at the end of paragraph (za), the words
and for the words “revoke, revive or vary the order”, there were substituted “vary the order in accordance with subsection (3)”
ii
after paragraph (za), the following paragraph–
zab
as if subsection (2) were omitted:
iii
in paragraph (a), for the words from “as if in subsection (3)” to “there were inserted–”, there shall be substituted “as if in subsection (3)–
i
for the words “shall include”, there were substituted “means the”;
ii
for the words “paragraphs (a) to (d) of section 59(3) above” there were substituted “subsection (3A) below”; and
iii
after that subsection there were inserted–” .
d
after subsection (1ZA)–
1ZB
Where the registering court is a court of summary jurisdiction in Northern Ireland, Article 86 of the Magistrates' Court (Northern Ireland) Order 19818 (revocation, variation etc., of orders for periodical payment) shall have effect in relation to the registered order–
za
as if in paragraph (1) for the words “by order on complaint” there were substituted “on an application being made, by order” and for the words “revoke, revive or vary the order”, there were substituted “vary the order in accordance with paragraph (3)”;
zab
as if paragraph (2) were omitted;
a
as if in paragraph (3)–
i
for the words “shall include”, there were substituted “means the”,
ii
for the words “sub-paragraphs (a) to (d) of Article 85(3)” there were substituted “paragraph (3A)”, and
iii
after that paragraph there were inserted–
3A
The powers of the court are–
a
the power to order that payments under the order be made directly to the collecting officer;
b
the power to order that payments under the order be made to the collecting officer by such method of payment falling within Article 85(7) (standing order, etc.) as may be specified;
c
the power to make an attachment of earnings order under Part IX to secure payments under the order;
b
as if in paragraph (4) for sub-paragraph (b) there were substituted–
b
payments under the order are required to be made to the collecting officer by any method of payment falling within Article 85(7) (standing order, etc.)
c
as if in paragraph (5) for the words “to the collecting officer” there were substituted “in accordance with sub-paragraph (a) of paragraph (3A)”;
d
as if in paragraph (7), sub-paragraph (c) and the word “and” immediately preceding it were omitted;
e
as if in paragraph (8) for the words “sub-paragraphs (a) to (d) of Article 85(3)” there were substituted “paragraph (3A)”;
f
as if for paragraphs (9) and (10) there were substituted the following paragraphs–
9
In deciding, for the purposes of paragraphs (3) and (8), which of the powers under paragraph (3A) it is to exercise, the court shall have regard to any representations made by the debtor.
10
Paragraph (5) of Article 85 (power of court to require debtor to open account) shall apply for the purposes of paragraph (3A) as it applies for the purpose of that Article but as if for sub-paragraph (a) there were substituted–
a
the court proposes to exercise its power under sub-paragraph (b) of Article 86(3A), and
7
Schedule 3 shall be further varied by–
a
omitting subsections (3) to (7) of section 9 of the Act; and
b
inserting after subsection (10) of section 9 of the Act, the following–
11
This section shall not apply to a court in Scotland.
(This note is not part of the Order)