The Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) (Amendment) Rules (Northern Ireland) 2012

after the definition of “the 1988 Convention”, insert —

• ““the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23 November 2007;”;

for from “references to a maintenance order” to “where that regulation applies”, substitute —

“references to a maintenance order include reference to—

(i)

a decision, a court settlement or an authentic instrument within the meaning of Article 2 of the Maintenance Regulation where that Regulation applies;

(ii)

a maintenance decision to which Chapter V of the 2007 Hague Convention applies by virtue of Article 19(1) of that Convention;

(iii)

a maintenance arrangement (as defined in Article 3(e) of the 2007 Hague Convention) which is to be recognised and enforceable in the same way as a maintenance decision by virtue of Article 30 of that Convention;”.

After paragraph 1A insert —

“(1B)

Where the clerk of petty sessions receives an application under Article 23 of the 2007 Hague Convention for registration of a maintenance order made in a State bound by that Convention other than a Member State of the European Union, he shall, subject to Article 22(a) of that Convention and to paragraphs (3) and (4) of this Rule, cause the order to be registered in his court by means of a minute or memorandum entered and signed by him in the Order Book.”

in paragraph 5, after “Maintenance Regulation” insert “or Article 23 of the 2007 Hague Convention”;

in paragraph (6), for “or (1A)” substitute “, (1A) or (1B)”;

in paragraph (7) —

in paragraph (1), for “Contracting State or Regulation State” substitute “in a State to which paragraph (1A) applies”;

after paragraph (1), insert —

“(1A)

This paragraph applies to —

(a)

a Contracting State;

(b)

a Contracting State to the 1988 Convention (other than a Member State of the European Union);

(c)

a Member State of the European Union;

(d)

a State bound by the Lugano Convention (other than a Member State of the European Union);

(e)

a State bound by the 2007 Hague Convention (other than a Member State of the European Union).

(1B)

In an application under paragraph (1) —

(a)

under the Maintenance Regulation, the certificate will be in the form of Annex II to that Regulation;

(b)

under the 2007 Hague Convention, the certificate will be comprised of the following forms published under Article 11(4) of that Convention duly completed by the clerk of petty sessions —

(i)

the Abstract of the Decision;

(ii)

the Statement of Enforceability;

(iii)

the Statement of Proper Notice.”;

in paragraph (2)(c), omit “Contracting State or the Regulation”;

in paragraph (5) for “another Contracting State or in another Regulation State” substitute “a State to which paragraph (1A) applies”.

in paragraph (1), in each place, for “or another Contracting State or another Regulation State” substitute “in a State to which rule 12(1A) applies”;

in paragraph (1), in each place, for “or the Regulation” substitute “, the Maintenance Regulation or the 2007 Hague Convention”;

in paragraph (2), omit “Contracting State or the other Regulation”;

in paragraph (8) —

in paragraph (1), after “other than the United Kingdom” insert “or a State bound by the 2007 Hague Convention (other than a Member State of the European Union)”;

in paragraph (1)(a), after “European Union” insert “or a State bound by the 2007 Hague Convention (other than a Member State of the European Union)”;

in paragraph (6), for “Contracting State or the Member State of the European Union” substitute “State”.

for “or” substitute “;”;

after “Regulation” insert —

“(e)

the 2007 Hague Maintenance Convention”.