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The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011
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Changes over time for: Paragraph 8
Version Superseded: 22/04/2014
Alternative versions:
- 18/06/2011- Amendment
- 18/06/2011
Point in time - 22/04/2014- Amendment
- 31/12/2020- Amendment
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Point in time view as at 18/06/2011. This version of this provision has been superseded.
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Interest on judgmentsU.K.
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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 a magistrates' court in England and Wales or 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 section 2A of the Maintenance Orders Act 1958 M1 or section 11A of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 M2 (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.
Marginal Citations
M11958 c.39. Section 2A was inserted by section 37 of and Part II of Schedule 11 to the Civil Jurisdiction and Judgments Act 1982 (c.27).
M21966 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).
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