The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2008

JurisdictionUK Non-devolved
CitationSI 2008/1202

2008 No. 1202

Maintenance Of Dependants

The Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2008

Made 7th May 2008

Laid before Parliament- 14th May 2008

Coming into force 19th June 2008

At the Court at Buckingham Palace, the 7th day of May 2008

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty is satisfied that in the event of the benefits conferred by Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 being applied to maintenance orders made by the courts of Jersey, similar benefits will be applied in Jersey to maintenance orders made by the courts of the United Kingdom.

And Her Majesty considers the provisions contained in Article 4 of this Order are expedient for the purpose of securing the matters set out in section 24 of the Maintenance Orders (Reciprocal Enforcement) Act 19721.

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

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2008 and shall come into force on 19 June 2008.

S-2 Interpretation

Interpretation

2. In this Order—

(c) “Jersey” means the Bailiwick of Jersey.

S-3 Designation

Designation

3. Jersey is hereby designated as a reciprocating country for the purpose of Part I of the 1972 Act, as it applies to the United Kingdom, as regards maintenance orders generally.

S-4 Maintenance Orders registered under the 1920 Act

Maintenance Orders registered under the 1920 Act

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; and

(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 Jersey; 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 Jersey, as they apply in relation to a maintenance...

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