Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
The Maintenance Orders (Facilities for Enforcement) Act 1920 shall have effect (until its repeal by the Maintenance Orders (Reciprocal Enforcement) Act 1972 comes into force) with the amendments set out in Part I of Schedule 1 to this Act.
The Maintenance Orders (Reciprocal Enforcement) Act 1972 shall have effect with the amendments set out in Part II of Schedule 1 to this Act.
The amendments set out in Schedule 2 to this Act shall have effect.
The enactments and subordinate legislation mentioned in Schedule 3 to this Act are repealed or revoked to the extent specified in the third column of that Schedule.
This Act shall come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint; and different days may be appointed for different provisions or different purposes.
This Act may be cited as the Maintenance Orders (Reciprocal Enforcement) Act 1992.
Amendment of the 1920 and 1972 Acts
Amendment of the Maintenance Orders (Facilities for Enforcement) Act 1920 (c. 33)
Section 3 (power to make provisional orders of maintenance against persons resident in certain Commonwealth countries) shall be amended as follows.
In subsection (1), for the words “a summons had been duly served on that person and he” there shall be substituted “ that person had been resident in England and Wales, had received reasonable notice of the date of the hearing of the application and ”.
In subsection (3), for the words “duly served with a summons” there shall be substituted “ resident in England and Wales, had received reasonable notice of the date of the hearing ”.
In subsection (4), for the word “rescind” there shall be substituted “ revoke ”.
In subsection (5), for the words “rescind” and “rescinding” there shall be substituted “ revoke ” and “ revoking ” respectively.
In subsection (6), for the words from “a summons” to the end there shall be substituted “ the person against whom the order is sought to be made been resident in England and Wales and received reasonable notice of the date of the hearing of the application ”.
After subsection (6), there shall be added—
Section 4 (power of court of summary jurisdiction to confirm maintenance order made out of the United Kingdom) shall be amended as follows.
In subsection (1)—
for the words “summons be issued calling upon the person” there shall be substituted “ notice be served on the person informing him that he may attend a hearing at the time and place specified in the notice ”, and
for the words “issue such a summons and cause it” there shall be substituted “ cause such a notice ”.
For subsection (2) there shall be substituted—
In subsection (3)—
for the word “summons” there shall be substituted “ notice ”, and
for the words from “raise any defence” to “no other defence” there shall be substituted “ oppose the confirmation of the order on any grounds on which he might have opposed the making of the order in the original proceedings had he been a party to them, but on no other grounds ”.
In subsection (4), for the word “summons” there shall be substituted “ notice ”.
In subsection (5)—
for the words “against whom the summons was issued” there shall be substituted “ served with the notice ”, and
for the words “any defence” there shall be substituted “ establishing any grounds on which he opposes the confirmation of the order ”.
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After section 4, there shall be inserted—
The provisions of section 7 (application of the Magistrates’ Courts Act 1980) shall become subsection (1) of that section and the following subsection shall be added after that subsection—
In section 11 (application to Ireland), after paragraph (c) there shall be inserted—
Amendment of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)
Section 3 (power of magistrates’ court to make provisional maintenance order against person residing in reciprocating country) shall be amended as follows.
For subsection (1) there shall be substituted—
For subsection (4) there shall be substituted—
For subsection (7) there shall be substituted—
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Section 7 (confirmation by United Kingdom court of provisional maintenance order made in reciprocating country) shall be amended as follows.
In subsection (2)(i), for the words “any such defence as he might have raised” there shall be substituted “ any grounds on which he might have opposed the making of the order ”.
In subsection (3), for the words from “raised a defence” to the end there shall be substituted “ opposed the making of the order on any of those grounds. ”.
In subsection (4), for the words “the court” there shall be substituted “ a magistrates’ court in Northern Ireland ”.
In subsection (6), for the words “a summons to appear in” there shall be substituted “ notice of ”.
After subsection (7) there shall be added—
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Section 17 (proceedings in magistrates’ courts) shall be amended as follows.
In subsection (5), after the words “magistrates’ court” there shall be inserted “ in Northern Ireland ”.
After subsection (5), there shall be inserted—
In subsection (7)—
for the word “defendant”, in each place where it occurs, there shall be substituted “ respondent ”, and
for the words “a complaint” and “the complaint”, in each place where they occur, there shall be substituted “ an application ” and “ the application ” respectively.
After subsection (7), there shall be added—
In section 18 (magistrates’ courts rules), after subsection (1) there shall be inserted—
In section 21 (interpretation of Part I), in subsection (1) at the end there shall be added—
For sections 27, 28 and 28A there shall be substituted—
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For section 35 there shall be substituted—
In section 36 (admissibility of evidence given in convention country), in subsection (1) for the words from “received by” to “or out of” there shall be substituted “to which section 27A(1) of this Act applies, an application received by the Lord Chancellor as mentioned in section 28C(1) of this Act, an application received by the Secretary of State as mentioned in section 31(1) of this Act or”.
After section 38 there shall be inserted—
In section 39 (interpretation of Part II), after the definition of “maintenance” there shall be inserted—, and at the end there shall be added—
Consequential Amendments
The Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)
In section 90(3)(b) of the Domestic Proceedings and Magistrates’ Courts Act 1978 (which lists the provisions of Schedule 2 to that Act that extend to Northern Ireland), for “paragraphs 12, 13, 14, 33 and 34(a)” there shall be substituted “ paragraphs 12, 13, 14 and 33 ”.
The Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))
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Repeals