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The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011

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Regulation 3

SCHEDULE 1U.K.THE MAINTENANCE REGULATION

This schedule has no associated Explanatory Memorandum

PART 1U.K.Introductory

InterpretationU.K.

1.—(1) In this Schedule—

“court” includes a tribunal, and any administrative authority which is a court for the purposes of the Maintenance Regulation by virtue of Article 2(2) of that Regulation;

“debtor”, in relation to a maintenance decision, means the person liable, or alleged to be liable, to make the payments for which that decision provides;

“maintenance decision” has the meaning given to “decision” by Article 2 of the Maintenance Regulation.

(2) In this Schedule—

(a)any reference to a numbered Article is a reference to the Article so numbered in the Maintenance Regulation and any reference to a sub-division of a numbered Article shall be construed accordingly;

(b)references to a registered decision include, to the extent of its registration, references to a decision so registered to a limited extent only.

(3) Anything authorised or required by the Maintenance Regulation or by this Schedule to be done by, to or before a particular magistrates' court may be done by, to or before any magistrates' court [F1in Northern Ireland.] .

Textual Amendments

Central AuthoritiesU.K.

2.—(1) The following are designated as Central Authorities under Article 49 of the Maintenance Regulation—

(a)in relation to England and Wales, the Lord Chancellor;

(b)in relation to Scotland, the Scottish Ministers;

(c)in relation to Northern Ireland, the Department of Justice.

(2) If a person outside the United Kingdom does not know to which Central Authority in the United Kingdom a communication should be addressed, the person may address it to the Lord Chancellor.

PART 2U.K.Recognition and enforcement of maintenance decisions made by courts in Maintenance Regulation States other than Denmark

Application of Part 2U.K.

3.  This Part shall apply to maintenance decisions made by courts in Maintenance Regulation States other than Denmark.

Enforcement of maintenance decisionsU.K.

4.—(1) Subject to sub-paragraph (2), where a maintenance decision falls to be enforced in the United Kingdom under Section 1 of Chapter IV of the Maintenance Regulation, the court to which an application for enforcement is to be made is—

(a)in England and Wales, [F2the family court],

(b)in Scotland, a sheriff court, and

(c)in Northern Ireland, a magistrates' court.

(2) An application for enforcement is to be transmitted to [F3the family court,] the magistrates' court or sheriff court designated for these purposes by rules of court (“the enforcing court”)—

(a)in England and Wales, by the Lord Chancellor,

(b)in Scotland, by the Scottish Ministers, and

(c)in Northern Ireland, by the Department of Justice.

(3) Jurisdiction in relation to applications for enforcement of such maintenance decisions lies with the courts for the part of the United Kingdom in which—

(a)the person against whom enforcement is sought is resident,

(b)assets belonging to that person and which are susceptible to enforcement are situated or held, F4...

F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of the enforcement of a maintenance decision—

(a)the decision shall be of the same force and effect,

(b)the enforcing court shall have in relation to its enforcement the same powers, and

(c)proceedings for or with respect to its enforcement may be taken,

as if the decision had originally been made by the enforcing court.

(5) Sub-paragraph (4) is subject to sub-paragraphs (6) and (7).

(6) (a) A maintenance decision which is enforceable in England and Wales by virtue of Section 1 of Chapter IV of the Maintenance Regulation and these Regulations shall be enforceable in [F6the family court] in the same manner as a maintenance order made by that court F7....

(b)In this sub-paragraph “maintenance order” has the meaning given by [F8section 1(10) of the Maintenance Enforcement Act 1991].

(7) A maintenance decision which is enforceable in Northern Ireland by virtue of Section 1 of Chapter IV of the Maintenance Regulation and these Regulations shall be enforceable in a magistrates' court in Northern Ireland in the same manner as an order made by that court, save that Article 98 of the Magistrates' Courts (Northern Ireland) Order 1981 M1 has effect as modified by section 5(6A) M2 of the Act.

(8) Sub-paragraph (4) is also subject to—

(a)Article 21 (application by debtor for refusal or suspension of enforcement);

(b)paragraph 8 below;

(c)any provision made by rules of court as to the procedure for the enforcement of maintenance decisions given in another Maintenance Regulation State.

(9) (a) The debtor under a maintenance decision which is or has been the subject of enforcement proceedings in England and Wales or Northern Ireland by virtue of Section 1 of Chapter IV of the Maintenance Regulation and these Regulations must give notice of any change of address to the [F9court officer], or in Northern Ireland, the clerk, of the court in which enforcement proceedings have been, or are being, taken.

(b)A person who without reasonable excuse fails to comply with this sub-paragraph shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(10) An application for refusal or suspension of enforcement under Article 21(2) or (3) of the Maintenance Regulation shall be made—

[F10(aa)in England and Wales, to the family court by way of application notice,]

(a)in F11...Northern Ireland, to a magistrates' court by way of complaint, and

(b)in Scotland, to a sheriff court by way of summary application.

Textual Amendments

Marginal Citations

M2Section 5(6A) was inserted by S.I. 1993/1576 (N.I.6).

PART 3U.K.Recognition and enforcement of maintenance decisions made by courts in Denmark etc

Application of Part 3U.K.

5.  This Part applies in relation to—

(a)maintenance decisions made by courts in Denmark, and

(b)maintenance decisions to which Sections 2 and 3 of Chapter IV of the Maintenance Regulation apply by virtue of Article 75(2)(a) or (b).

Recognition and enforcement of maintenance ordersU.K.

6.—(1) Subject to sub-paragraph (2), the court to which an application for registration of a maintenance decision under Section 2 of Chapter IV of the Maintenance Regulation is to be made is—

(a)in England and Wales, [F12the family court],

(b)in Scotland, a sheriff court, and

(c)in Northern Ireland, a magistrates' court.

(2) An application for registration is to be transmitted to [F13the family court,] the magistrates' court or sheriff court designated for these purposes by rules of court (“the registering court”)—

(a)in England and Wales, by the Lord Chancellor,

(b)in Scotland, by the Scottish Ministers, and

(c)in Northern Ireland, by the Department of Justice.

(3) Where an application for registration of a maintenance decision is transmitted to a court—

(a)the decision may be registered for enforcement by the court, and

(b)if so registered, the decision shall be treated as having been declared enforceable for the purposes of Section 2 of Chapter IV of the Maintenance Regulation.

(4) (a) An application for registration shall be determined in the first instance by the prescribed officer of the registering court.

(b)In this sub-paragraph, “prescribed” means prescribed by rules of court.

(5) For the purposes of the enforcement of a registered maintenance decision—

(a)the decision shall be of the same force and effect,

(b)the registering court shall have in relation to its enforcement the same powers, and

(c)proceedings for or with respect to its enforcement may be taken,

as if the decision had originally been made by the registering court.

(6) Sub-paragraph (5) is subject to sub-paragraphs (7) and (8).

(7) (a) A maintenance decision which is enforceable in England and Wales by virtue of Section 2 of Chapter IV of the Maintenance Regulation and these Regulations shall be enforceable in [F14the family court] in the same manner as a maintenance order made by that court F15...

(b)In this sub-paragraph “maintenance order” has the meaning given by [F16section 1(10) of the Maintenance Enforcement Act 1991].

(8) A maintenance decision which is enforceable in Northern Ireland by virtue of Section 2 of Chapter IV of the Maintenance Regulation and these Regulations shall be enforceable in a magistrates' court in Northern Ireland in the same manner as an order made by that court, save that Article 98 of the Magistrates' Courts (Northern Ireland) Order 1981 has effect as modified by section 5(6A) of the Act.

(9) Sub-paragraph (5) is also subject to—

(a)Article 36(3) (restriction on enforcement where appeal pending or time for appeal unexpired);

(b)paragraph 8 below;

(c)any provision made by rules of court as to the procedure for the enforcement of maintenance decisions registered under the Maintenance Regulation and these Regulations.

(10) (a) The debtor under a maintenance decision registered in accordance with this paragraph in [F17the family court or, in Northern Ireland, a magistrates’ court] must give notice of any change of address to the [F18court officer], or in Northern Ireland, the clerk of that court.

(b)A person who without reasonable excuse fails to comply with this sub-paragraph shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Textual Amendments

Proceedings to contest decisions given on appeal in connection with applications for registrationU.K.

7.  An appeal under Article 33 may only be on a point of law and lies—

(a)in England and Wales, to [F19the family court] in accordance with section 111A M3 of the Magistrates' Courts Act 1980;

(b)in Scotland, to the Inner House of the Court of Session;

(c)in Northern Ireland, to the Court of Appeal.

Textual Amendments

Marginal Citations

M3Section 111A was inserted by Article 4(1) and (3) of S.I.2009/871.

PART 4U.K.Recognition and enforcement of maintenance decisions - general

Interest on judgmentsU.K.

8.—(1) Subject to sub-paragraphs (2) and (3) and rules of court as to the payment of interest under this paragraph, where a person applying for registration or enforcement of a maintenance decision shows that—

(a)the decision provides for the payment of a sum of money, and

(b)in accordance with the law of the Maintenance Regulation State in which the maintenance decision was given and the terms of the decision, interest on that sum is recoverable at a particular rate and from a particular date or time,

the debt resulting from registration or enforcement of the decision is to carry interest at that rate and from that date or time.

(2) In the case of an application for registration of a maintenance decision, interest is not recoverable unless the rate of interest and the date or time referred to in sub-paragraph (1)(b) are registered with the decision.

(3) (a) Interest on arrears of sums payable under a maintenance decision which falls to be enforced in [F20 the family court, or a magistrates’ court in] Northern Ireland by virtue of the Maintenance Regulation and these Regulations shall not be recoverable in that court.

(b)But this sub-paragraph does not affect the operation in relation to any such maintenance decision of F21... section 11A of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 M4 (which enables interest to be recovered if the decision is registered for enforcement in the High Court).

(4) Except as mentioned in sub-paragraph (3), debts under maintenance decisions enforceable in the United Kingdom by virtue of the Maintenance Regulation shall carry interest only as provided by this paragraph.

Textual Amendments

Marginal Citations

M41966 c.35 (N.I.). Section 11A was inserted by section 37 of and Part II of Schedule 11 to the Civil Jurisdiction and Judgmnets Act 1982 (c.27).

Currency of payments under maintenance decisionsU.K.

9.—(1) Sums payable under a maintenance decision enforceable in the United Kingdom by virtue of the Maintenance Regulation, including any arrears so payable, shall be paid in sterling where an order is made on an application for enforcement in England and Wales, Scotland or Northern Ireland.

(2) Where the maintenance decision is expressed in any other currency, the amount shall be converted on the basis of the exchange rate prevailing on the date on which the application for enforcement or registration of the decision was received by a Central Authority in the United Kingdom for transmission to a court.

(3) For the purposes of this paragraph, a written certificate purporting to be signed by an officer of any bank in the United Kingdom and stating the exchange rate prevailing on a specified date shall be evidence of the facts stated (and in Scotland, sufficient evidence of those facts).

Proof and admissibility of certain maintenance decisions and related documentsU.K.

10.—(1) For the purposes of proceedings relating to the Maintenance Regulation—

(a)a document, duly authenticated, which purports to be a copy of a maintenance decision given by a court in a Maintenance Regulation State shall without further proof be deemed to be a true copy, unless the contrary is shown; and

(b)an extract from a maintenance decision issued by a court in a Maintenance Regulation State in accordance with Article 20 or Article 28 (as the case may be) shall be evidence that that decision is enforceable there.

(2) A document purporting to be a copy of a maintenance decision given by a court mentioned in sub-paragraph (1)(a) is duly authenticated for the purposes of this paragraph if it purports—

(a)to bear the seal of that court; or

(b)to be certified by any person in his capacity as a judge or officer of that court to be a true copy of a maintenance decision given by that court.

(3) Nothing in this paragraph shall prejudice the admission in evidence of any document which is admissible apart from this paragraph.

[F22PART 5U.K.ESTABLISHMENT AND MODIFICATION OF MAINTENANCE UNDER THE MAINTENANCE REGULATION

Textual Amendments

11.—(1) This paragraph applies to an application submitted under Article 56 for establishment or modification of a decision to the Lord Chancellor, in relation to England and Wales, or to the Department of Justice in relation to Northern Ireland.U.K.

(2) Upon receipt of an application submitted under Article 56 for establishment or modification of a decision in England and Wales, the Lord Chancellor shall send that application to [F23the court officer of the family court in the [F24Maintenance Enforcement Business Centre for the area]] in which the respondent is residing.

(3) Upon receipt of the application under sub-paragraph (2), the [F25court officer] of that court shall decide—

(a)whether the courts of England and Wales have jurisdiction to determine the application by virtue of the Maintenance Regulation and Schedule 6 to these Regulations; and

(b)if so, whether the [F26family court] has power to make the decision or modification sought [F27under the law in force in England and Wales]

(4) Where the [F28court officer] decides under sub-paragraph (3)(a) that the courts of England and Wales do not have jurisdiction to determine the application, the [F28court officer] shall return the application to the Lord Chancellor with a written explanation of the reasons for that decision.

F29(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Subject to sub-paragraph (7), if the [F30court officer] decides under sub-paragraph (3)(b) that the [F31family court] has power to make the decision or modification sought, the [F30court officer] shall issue the application and serve it on the respondent.

(7) If the respondent does not [F32reside in the area covered by the Maintenance Enforcement Business Centre] [F33to which the application has been sent, the court officer] shall—

(a)if satisfied that the respondent is residing within [F34the area covered by another Maintenance Enforcement Business Centre], send the application to the [F35court officer of the family court] in [F36the Maintenance Enforcement Business Centre for] that other area and inform the Lord Chancellor that it has been so sent; or

(b)if unable to establish where the respondent is residing, return the application to the Lord Chancellor.

(8) A [F37court officer] who receives an application by virtue of sub-paragraph (7)(a) shall proceed under sub-paragraph (6) as if that [F37court officer] had decided that the [F38family court] has power to make the decision or modification sought.

(9) Where the [F39court officer] has determined in accordance with sub-paragraph (3)(b) that the [F40family court] has power to make the decision or modification sought, the application shall be treated for the purpose of establishment or modification of a decision under the [F41law in force in England and Wales].

(10) Sub-paragraphs (2) to (9) apply to an application submitted under Article 56 for establishment or modification of a decision in Northern Ireland to the Department of Justice in relation to Northern Ireland as if—

(a)references to England and Wales were references to Northern Ireland;

(b)references to the Lord Chancellor were references to the Department of Justice;

(c)for “[F42court officer]” were substituted “clerk of petty sessions”;

F43(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F44(e)references to the courts of England and Wales or to the family court were references to the courts of Northern Ireland;]

[F45(ea)in sub-paragraph (2), there were omitted the words from “of the family court” to the end;]

[F44(f)for sub-paragraph (3)(b) there were substituted—

“(b)if so, whether the magistrates’ court has power to make the decision or modification sought under—

(i)the Domestic Proceedings (Northern Ireland) Order 1980; or

(ii)Article 15 of and Schedule 1 to the Children (Northern Ireland) Order 1995.”]

[F44(g)after paragraph (4) there were inserted—

“(5) Where the clerk of petty sessions decides under sub-paragraph (3)(b) that the magistrates’ court does not have power to make the decision or modification sought, the clerk of petty sessions shall send the application to—

(a)the High Court of Judicature; or

(b)a county court,

as appears to the clerk of petty sessions to be appropriate.”;] F46...

[F47(ga)for sub-paragraph (7) there were substituted—

“(7) If the clerk of petty sessions is unable to establish where the respondent is residing, the clerk shall return the application to the Department of Justice.”;]

[F48(gb)sub-paragraph (8) were omitted; and]

[F44(h)in sub-paragraph (9) for “the law in force in England and Wales” there were substituted “the Domestic Proceedings (Northern Ireland) Order 1980 or Article 15 of and Schedule 1 to the Children (Northern Ireland) Order 1995.]

(11) In this paragraph—

“respondent” means the person who is alleged in an application for establishment of a decision under Article 56 to owe maintenance, or where the application is for modification of a decision, the person against whom the modification is sought;

and a reference to an application is a reference to an application together with any documents which accompany it.]

Textual Amendments

F44Sch. 1 para. 11(10)(e)-(h) substituted for Sch. 1 para. 11(10)(e)(f) (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 132(i)(iii)

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