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The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011

Maintenance Orders Act 1950 (c.37)U.K.

This section has no associated Explanatory Memorandum

1.—(1) The Maintenance Orders Act 1950 is amended as follows.

(2) In section 15 M1 (service of process), for subsection (1)(a)(vi), substitute—

“(vi)Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark and Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011; or”.

(3) In section 22 (discharge and variation of maintenance orders registered in summary or sheriff courts)—

(a)in subsection (1), at the beginning insert “ Subject to subsection (1ZA), ”;

(b)after that subsection insert—

“(1ZA) The power under subsection (1) to vary the rate of payments may not be exercised where paragraph 9(2) of Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 applies (restriction on modifying maintenance decision where creditor remains habitually resident in the part of the United Kingdom in which the decision was made).”.

Marginal Citations

M1Section 15(1) was substituted by section 3 of and paragraph 11 of Schedule 3 to the Administration of Justice Act 1977 (c.38); section 15(1)(a)(vi) was inserted by section 16(5) of the Civil Jurisdiction and Judgments Act 1982 (c.27).