SCHEDULE 1
Article 2(1)
MODIFICATIONS TO PART I OF THE ACT
1. Section 1 shall not apply.
2.—(1) Section 2 shall be amended as follows.
(2) In subsection (1)—
(a)
(a) for the words “before or after the commencement of this Part of this Act” there shall be substituted the words “before, on or after5th April 1993”; and
(b)
(b) the words “or has assets” shall be omitted.
(3) In subsection (4)—
(a)
(a) the words “or has assets” shall be omitted;
(b)
(b) the words “and the nature and location of his assets in that country”, in both places where they occur, shall be omitted;
(c)
(c) in paragraph (e), the word “and” shall be omittedand after paragraph (f) there shall be inserted the following paragraphs:
“(g)
“(g) if the payer did not appear in the proceedings in which the maintenance order was made, the original or a certified copy of a document which establishes that notice of the institution of the proceedings was served on the payer;
(h)
(h) a document which establishes that notice of the order was sent to the payer;and
(i)
(i) if the payee received legal aid in the proceedings, a written statement to that effect signed by that officer,”;
(d)
(d) after the words “that officer”, where they last occur, there shall be inserted the words “, in the case of a court in England and Wales or Northern Ireland, to the Lord Chancellor, or in the case of a court in Scotland,”;and
(e)
(e) after the words “transmitted by” there shall be inserted the words “the Lord Chancellor, or, as the case may be,”.
3.—(1) Section 3 shall be amended as follows.
(2) In subsection (5)—
(a)
(a) after paragraph (c) there shall be inserted—
“(ca)
“(ca) a notice addressed to the payer stating that a provisional order has been made, that it has no effect unless and until confirmed with or without alteration by the court making the order, and that in considering whether or not to confirm the provisional order the court will take into account any representations made or any evidence adduced by or on behalf of the payer within three weeks from the date of service of the notice;”; and
(b)
(b) for the words “Secretary of State” in both places where they occur, there shall be substituted the words “Lord Chancellor”.
(3) For subsection (6) there shall be substituted—
“6 The court which made a provisional order by virtue of this section shall not earlier than three weeks after the date of service of the notice referred to in paragraph (ca) of subsection (5) above consider whether or not to confirm the order and with or without alteration and shall take into account any representations made and any evidence adduced by or on behalf of the payer.
6A Where the payer makes any representations or adduces any evidence a copy of the representations or evidence shall be served on the person on whose application the provisional order was made before the date of the hearing at which confirmation of the provisional order will be considered and that person shall be notified in the prescribed manner of the date fixed for the hearing.
6B The court shall not confirm such an order unless the documents mentioned in paragraphs (a), (b), (c) and (ca) of subsection (5) above have been served on the payer in accordance with the law for the service of such documents in the Republic of Ireland and in sufficient time to enable him to arrange for his defence.
6C Where an order has been confirmed under this section, the prescribed officer of the court shall—
(a) send to the payer by registered post notice of the confirmation of the order; and
(b) send the following documents, that is to say—
(i) a certified copy of the maintenance order as confirmed;
(ii) a certificate signed by that officer certifying that the order is enforceable in the United Kingdom;
(iii) if the payer did not appear in the proceedings in which the order was confirmed, the original or a certified copy of a document which establishes that the documents mentioned in paragraphs (a), (b), (c) and (ca) of subsection (5) above have been served on the payer;
(iv) a document which establishes that notice of the confirmation of the order has been sent to the payer by registered post;
(v) if the payee received legal aid in the proceedings, a written statement to that effect signed by that officer,
to the Lord Chancellor with a view to their being transmitted by him to the responsible authority in the Republic of Ireland.
6D Where the court decides not to confirm a provisional order, it shall revoke the order.”.
4.—(1) Section 4 shall be amended as follows.
(2) For subsection (1) there shall be substituted the following subsections—
“1 The sheriff shall have jurisdiction in any action to which this section applies if—
(a) the pursuer resides within the jurisdiction of the sheriff;
(b) the sheriff is satisfied that, to the best of the information or belief of the pursuer, the defender is residing in the Republic of Ireland; and
(c) the sheriff would not, apart from this subsection, have jurisdiction in that action.
2 This section applies to any action for the payment, variation or revocation of aliment which is competent in the sheriff court, and includes an action of affiliation and aliment, but does not include an action of separation and aliment or adherence and aliment, or any action containing a crave for the custody of a child.”.
(3) In subsection (3), for the words “referred to in” there shall be substituted “in which the sheriff has jurisdiction by virtue of”.
(4) For subsection (4) there shall be substituted—
“4 In any action referred to in subsection (1) above, no decree shall be granted in favour of the pursuer unless—
(a) a copy of the initial writ or summons together with a copy of the warrant for citation has been sent to the responsible authority in the Republic of Ireland for service on the defender; and
(b) a copy of the initial writ or summons has been served on the defender in accordance with the law for the service of such documents in the Republic of Ireland and in sufficient time to enable him to arrange for his defence; and
(c) the grounds of action have been substantiated by sufficient evidence, and section 36(3) of the Sheriff Courts (Scotland) Act 19714shall not apply in relation to any such action which is a summary cause.”.
(5) Subsections (5) and (6) shall be omitted.
5. For section 5 there shall be substituted—
“5.—(1) This section applies to a maintenance order a certified copy of which has been sent to the Republic of Ireland in pursuance of section 2 of this Act and to a provisional order made in pursuance of section 3 of this Act which has been confirmed by a court in England and Wales or Northern Ireland under that section.
(2) Where subsection (1) of section 60 of the Magistrates' Courts Act 19805(revocation, variation etc. of orders for periodical payment) applies in relation to a maintenance order to which this section applies, that subsection shall have effect as if for the words “by order on complaint,” there were substituted “on an application being made, by order”.
(3) Where an application is made to a court in England and Wales or Northern Ireland by the payee for the variation or revocation of an order to which this section applies, and the payer is residing in the Republic of Ireland, the prescribed officer of the court shall send to the Lord Chancellor a certified copy of the application together with a document, authenticated in the prescribed manner, setting out or summarising the evidence in support of the application, with a view to their being transmitted by him to the responsible authority in the Republic of Ireland for service on...
