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).
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, a magistrates' 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 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 a magistrates' court in England and Wales in the same manner as a maintenance order made by that court, save that sections 76 and 93 of the Magistrates' Courts Act 1980 have effect as modified by section 5(5B) and (5C) of the Act.
(b)In this sub-paragraph “maintenance order” has the meaning given by section 150(1) of the Magistrates' Courts Act 1980.
(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 a magistrates' court in England and Wales or Northern Ireland must give notice of any change of address to the designated 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.
7. An appeal under Article 33 may only be on a point of law and lies—
(a)in England and Wales, to a county court in accordance with section 111A M1 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.
Marginal Citations
M1Section 111A was inserted by Article 4(1) and (3) of S.I.2009/871.