Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002

JurisdictionUK Non-devolved
CitationSI 2002/788

2002 No. 788

MAINTENANCE OF DEPENDANTS

The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002

Made 26th March 2002

Laid before Parliament 9th April 2002

Coming into force 28th May 2002

At the Court at Buckingham Palace, the 26th day of March 2002

Present,

The Queen’s Most Excellent Majesty in Council

Whereas Her Majesty is satisfied that, in the event of the benefits conferred by Part I of the Maintenance Orders (Reciprocal Enforcement) Act 19721being applied to, or to particular classes of, maintenance orders made by the courts of the Country and territory specified in column (1) of the Schedule to this Order, similar benefits will in that Country or territory be applied to, or to those classes of, maintenance orders made by the courts of the United Kingdom:

And whereas Her Majesty considers the provisions contained in Article 4 of this Order expedient for the purpose of securing the matters set out in section 24 of the said Act of 19722:

Now, therefore, Her Majesty, in exercise of the powers conferred on Her by sections 1 and 24 of the Maintenance Orders (Reciprocal Enforcement) Act 1972, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered as follows:

S-1 This Order may be cited as the Reciprocal Enforcement of...

1. This Order may be cited as the Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002 and shall come into force on 28th May 2002.

S-2 In this Order— “the 1920 Act ” means the Maintenance Orders...

2. In this Order—

(c) “column (1)” and “column (2)” mean respectively columns (1) and (2) of the Schedule to this Order.

S-3 The Country and the territory specified in column (1) is hereby...

3. The Country and the territory specified in column (1) is hereby designated as a reciprocating country for the purposes of Part I of the 1972 Act as regards maintenance orders of the description specified in respect of that Country or that territory in column (2).

S-4 In this Article— “commencement date” means the date on which...

4.—(1) In this Article—

(a)

(a) “commencement date” means the date on which this Order comes into force;

(b)

(b) “registered” means registered in the High Court or the High Court of Justice in Northern Ireland under section 1 of the 1920 Act;

(c)

(c) “relevant maintenance order” means an order, other than an order of affiliation, for the periodic payments of sums of money.

(2) Paragraph (3) shall apply if—

(a)

(a) a relevant maintenance order is transmitted under section 2 or 3 of the 1920 Act to the Country or the territory specified in column (1); and

(b)

(b) immediately before the commencement date the 1920 Act applied to that order.

(3) Where this paragraph applies, sections 5, 12 to 15, 17, 18 and 21 of the 1972 Act shall apply in relation to a relevant maintenance order referred to in paragraph (1), as they apply in relation to a maintenance order of the same description—

(a)

(a) sent to the Country or territory...

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