SCHEDULE
Regulation 7
Amendment of primary and secondary legislation
1PART 1
Amendment of primary legislation
1. Amendment of the Maintenance Orders Act 1950
(1) The Maintenance Orders Act 19502is amended as follows.
(2) In section 15 (service of process), omit subsection (1)(a)(vi) and the “or” following it.
(3) In section 22 (discharge and variation of maintenance orders)—
(a)
(a) in subsection (1), omit “Subject to subsection (1ZA),”;
(b)
(b) omit subsection (1ZA).
2. Amendment of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966
(1) The Maintenance and Affiliation Orders Act (Northern Ireland) 19663is amended as follows.
(2) In section 10 (orders to which this Part applies)—
(a)
(a) omit subsection (6);
(b)
(b) omit subsection (7).
(3) In section 13A, in subsection (1), omit “or section 10(6)”.
3. Amendment of the Administration of Justice Act 1970
In Schedule 8 (maintenance orders for purposes of 1958 Act and Part II of this Act) to the Administration of Justice Act 19704omit paragraph 13B.
4. Amendment of the Attachment of Earnings Act 1971
In Schedule 1 (maintenance orders to which this Act applies) to the Attachment of Earnings Act 19715omit paragraph 14A.
5. Amendment of the Maintenance Orders (Reciprocal Enforcement) Act 1972
(1) The Maintenance Orders (Reciprocal Enforcement) Act 19726is amended as follows.
(2) In section 4 (power of sheriff to make provisional maintenance order against person residing in reciprocating country)—
(a)
(a) for subsection (1) substitute—
“1 In any action where the sheriff has jurisdiction by virtue of subsection (2) and the defender resides in a reciprocating country, any maintenance order granted by the sheriff shall be a provisional order.”;
(b)
(b) after subsection (1) insert—
“2 In matters relating to maintenance, a person may be sued in the courts for the place where the pursuer is domiciled or habitually resident or, if the matter is ancillary to proceedings concerning the status of a person, in the court which has jurisdiction to entertain those proceedings, provided than an action for adherence and aliment or of affiliation and aliment shall be treated as a matter relating to maintenance which is not ancillary to proceedings concerning the status of a person.”;
(c)
(c) omit subsection (7).
(3) In section 35 (further provisions with respect to variation etc. of orders by the family court in England and Wales) omit—
(a)
(a) subsection (1B);
(b)
(b) subsection (4).
(4) In section 35A (further provisions with respect to variation etc of orders by magistrates’ courts in Northern Ireland) omit—
(a)
(a) subsection (1B);
(b)
(b) subsection (4).
6. Amendment of the Matrimonial Causes Act 1973
(1) The Matrimonial Causes Act 19737is amended as follows.
(2) In section 27 (financial provision orders in cases of neglect to maintain), for subsection (2), substitute—
“2 The court may not entertain an application under this section unless—
(a) the applicant or the respondent is domiciled in England and Wales on the date of the application;
(b) the applicant has been habitually resident there throughout the period of one year ending with that date; or
(c) the respondent is resident there on that date.”.
(3) In section 35 (alteration of agreements by court during lives of parties)—
(a)
(a) in subsection (1), omit “, subject to subsections (1A) and (3) below,”;
(b)
(b) omit subsection (1A).
(4) In section 52 (interpretation), in...
