SCHEDULE 7CONSEQUENTIAL AMENDMENTS

Magistrates’ Courts Act 1980 (c. 43)

9.

(1)

The Magistrates’ Courts Act 1980 is amended as follows.

(2)

In section 6039 (revocation, variation etc of orders for periodical payments), after subsection (10) insert—

“(10A)

The power in subsection (1) is not exercisable in relation to a maintenance order which falls to be enforced by a magistrates’ court by virtue of —

(a)

the Maintenance Regulation and the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, or

(b)

the Council Regulation.

(10B)

In subsection (10A)—

“the Maintenance Regulation” means 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;

“the Council Regulation” means Council Regulation (EC) No 44/2001 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.”.

(3)

Section 9540 (remission of arrears and manner in which arrears to be paid) is amended as follows.

(4)

After subsection (1) insert—

“(1A)

The power in subsection (1) is not exercisable in relation to a maintenance order which falls to be enforced by a magistrates’ court by virtue of—

(a)

the Maintenance Regulation and the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011, or

(b)

the Council Regulation.”.

(5)

In subsection (7)—

(a)

after “In this section—” insert—

““the Council Regulation” means Council Regulation (EC) No 44/2001 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;”;

(b)

after the definition of “English maintenance order” insert—

““the Maintenance Regulation” means 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;”;

(c)

in the definition of “non-English maintenance order”—

(i)

in paragraph (a), for sub-paragraph (v) substitute—

“(v)

under the Council Regulation;”;

(ii)

the “or” at the end of paragraph (b) is repealed;

(iii)

at the end of paragraph (c) insert—

“or

(d)

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

(6)

In section 150 (interpretation of other terms), in subsection (1), in the definition of “maintenance order”—

(a)

after “any order” insert “, decision, settlement or instrument”;

(b)

for “such an order” substitute “one”;

(c)

after “discharged” insert “or has otherwise ceased to operate”.