The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011

Magistrates’ Courts (Northern Ireland) Order 1981 (SI 1981/1675 (NI 26))

20.—(1) The Magistrates’ Courts (Northern Ireland) Order 1981 is amended as follows.

(2) In Article 86(1) (revocation, variation, etc of orders for periodical payment), after paragraph (1), insert—

“(1A) The power under paragraph (1) is not exercisable in relation to a maintenance order which falls to be enforced by a court of summary jurisdiction by virtue of—

(a) 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 the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011;

(b) Council Regulation (EC) No 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.”.

(3) Article 87(2) (remission of arrears and manner in which arrears to be paid) is amended as follows.

(4) After paragraph (1), insert—

“(1A) The power under paragraph (1) is not exercisable in relation to a maintenance order which falls to be enforced by a court of summary jurisdiction by virtue of—

(a) 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 the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011;

(b) Council Regulation (EC) No 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.”.

(5) In paragraph (7), in the definition of “non-Northern Ireland maintenance order”—

(a) the “or” at the end of sub-paragraph (b) is repealed;

(b) at the end of paragraph (c) insert—

“or

(d) a maintenance order which falls to be enforced by a magistrates’ court by virtue of 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 the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011.”.

(6) In Article 88(3) (nature of domestic proceedings), in paragraph (a), for the words from “Council Regulation (EC) No 44/2001” to the end, substitute—

“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;”.

(7) Article 98(4), (enforcement of orders for periodical payment of money) is amended as follows.

(8) After paragraph (1), insert—

“(1A) The power in paragraph (1) is exercisable at any time after the expiration of 14 days, and before the expiration of 3 years, from the date of default, or the expiration of any longer limitation period under the law of the State of origin in relation to a maintenance order which falls to be enforced by a court of summary jurisdiction by virtue of 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 the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011.”.

(9) After paragraph (11)(b)(5) insert—

“(bb) maintenance orders which fall to be enforced by a court of summary jurisdiction by virtue of 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 the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011;”.

(10) After paragraph (12) insert—

“(13) Paragraph (12) is subject to—

(a) Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October between the European Community and the Kingdom of Denmark, and

(b) Council Regulation (EC) No 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.”.

(1)

Article 86 was substituted by Article 7 of S.I.1993/1576 (N.I.6). It is modified by section 9 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (c.18), section 22 of the Maintenance Orders Act 1950 (c.37) and section 13 of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966 (c.35) (N.I.).

(2)

Article 87 was substituted by Article 9(2) of S.I.1993/1576 (N.I.6). It was amended by Article 5 and paragraphs 13 and 14 of Schedule 3 to S.I.2001/3929 and by regulation 5 and paragraphs 22 and 23 of the Schedule to S.I.2007/1655.

(3)

Article 88 was amended by sections 15(4) and 36(6) of and Parts 1 and III of Schedule 12 to the Civil Jurisdiction and Judgments Act 1982 (c.27), by Article 5 of and paragraphs 13 and 15 of Schedule 3 to S.I.2001/3929 and by regulation 5 and paragraphs 22 and 24 of the Schedule to S.I.2007/1655.

(4)

Article 98 is modified by section 5(6A) of the Civil Jurisdiction and Judgments Act 1982 (c.27). Section 5(6A) was inserted by S.I.1993/1576 (N.I.6).

(5)

Article 98(11) was amended by sections 15(4) and 36(6) of, and Parts I and III of Schedule 12 to, the Civil Jurisdiction and Judgments Act 1982 (c.27), by Article 5 of and paragraph 16 of Schedule 3 to S.I.2001/3929, and by regulation 5 and paragraph 25 of the Schedule to S.I.2007/1655.