Maintenance Orders (Reciprocal Enforcement) Act 1992 (Version in vigour from 2014-04-22 to )
Currency | No known outstanding effects |
Coming into Force | 22 April 2014 |
(1) The (2) The Maintenance Orders (Reciprocal Enforcement) Act 1972 shall have effect with the amendments set out in Part II of Schedule 1 to this Act.(1) The amendments set out in Schedule 2 to this Act shall have effect.(2) The enactments and subordinate legislation mentioned in Schedule 3 to this Act are repealed or revoked to the extent specified in the third column of that Schedule.This Act shall come into force on such day as the Lord Chancellor may by order made by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. 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—“ notice be served on the person informing him that he may attend a hearing at the time and place specified in the notice ” , andfor the words “issue such a summons and cause it” there shall be substituted “ cause such a notice ” .For subsection (2) there shall be substituted—“ notice ” , andfor 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 ” .for the words “against whom the summons was issued” there shall be substituted “ served with the notice ” , andfor the words “any defence” there shall be substituted “ establishing any grounds on which he opposes the confirmation of the order ” .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(3) After section 4, there shall be inserted—
- “(7) Where subsection (1) of section 60 of the Magistrates’ Courts Act 1980 (revocation, variation etc. of orders for periodical payment) applies in relation to an order made under this section which has been confirmed, that subsection shall have effect as if for the words “by order on complaint,” there were substituted “on an application being made, by order”.
- (8) In this section “revoke” includes discharge.
- “(2) A notice required to be served under this section may be served by post.
- “(1) This section applies to—
- (a) any maintenance order made by virtue of section 3 of this Act which has been confirmed as mentioned in that section; and
- (b) any maintenance order which has been confirmed under section 4 of this Act.
- (d) the amendments of section 3(1) , (3) and (6) and section 4 made by the Maintenance Orders (Reciprocal Enforcement) Act 1992 shall be disregarded.
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