Maintenance Orders (Reciprocal Enforcement) Act 1972

1972 c. 18 · Enacted 23 March 1972 · Extends to United Kingdom

Contents

1. Part I: Reciprocal Enforcement of Maintenance Orders made in United Kingdom or Reciprocating Country
2. Designation of reciprocating countries
3. 1Orders in Council designating reciprocating countries.
4. Orders made by courts in the United Kingdom
5. 2Transmission of maintenance order made in United Kingdom for enforcement in reciprocating country.
6. 3Power of ... court to make provisional maintenance order against person residing in reciprocating country.
7. 4Power of sheriff to make provisional maintenance order against person residing in reciprocating country.
8. 5Variation and revocation of maintenance order made in United Kingdom.
9. Orders made by courts in reciprocating countries
10. 6Registration in United Kingdom court of maintenance order made in reciprocating country.
11. 7Confirmation by United Kingdom court of provisional maintenance order made in reciprocating country.
12. 8Enforcement of maintenance order registered in United Kingdom court.
13. 9Variation and revocation of maintenance order registered in United Kingdom court.
14. 10Cancellation of registration and transfer of order.
15. 11Steps to be taken by Secretary of State where payer under certain orders is not residing in the United Kingdom.
16. Appeals
17. 12Appeals.
18. Evidence
19. 13Admissibility of evidence given in reciprocating country.
20. 14Obtaining of evidence needed for purpose of certain proceedings.
21. 15Order, etc. made abroad need not be proved.
22. Supplemental
23. 16Payment of sums under orders made abroad: conversion of currency.
24. 17Proceedings in the family court in England and Wales or in magistrates’ courts in Northern Ireland
25. 18Rules of court
26. 19Rules for sheriff court.
27. 20Restriction on enforcement of arrears under maintenance order registered in Scotland.
28. 21Interpretation of Part I.
29. Amendments, repeals and transitional provisions
30. 22Amendments and repeals.
31. 23Maintenance order registered in High Court under the Maintenance Orders etc. Act 1920.
32. 24Application of Part I to certain orders and proceedings under the Maintenance Orders etc. Act 1920.
33. Part II: Reciprocal Enforcement of Claims for the Recovery of Maintenance
34. Convention countries
35. 25Convention countries.
36. Application by person in the United Kingdom for recovery, etc. of maintenance in convention country
37. 26Application by person in United Kingdom for recovery, etc. of maintenance in convention country.
38. Application by person in convention country for recovery of maintenance in England, Wales or Northern Ireland
39. 27AApplications for recovery of maintenance in England and Wales.
40. 27BSending application to the family court.
41. 27CApplications to which section 27A applies: general.
42. 28Applications by spouses under the Domestic Proceedings and Magistrates’ Courts Act 1978.
43. 28AApplications by former spouses under the Domestic Proceedings and Magistrates’ Courts Act 1978.
44. 28BApplications under the Children Act 1989. Repealed
45. 28CApplications for recovery of maintenance in Northern Ireland.
46. 28DSending application to the appropriate magistrates’ court.
47. 28EApplications to which section 28C applies: general.
48. 29Applications by spouses under the Domestic Proceedings (Northern Ireland) Order 1980.
49. 29AApplications by former spouses under the Domestic Proceedings (Northern Ireland) Order 1980.
50. 29BApplications under the Children (Northern Ireland) Order 1995.
51. 30Further provisions relating to recovery in England, Wales and Northern Ireland of maintenance for children
52. Application by person in convention country for recovery of maintenance in Scotland
53. 31Application by person in convention country for recovery of maintenance in Scotland.
54. Transfer, enforcement, variation and revocation of registered orders
55. 32Transfer of orders.
56. 33Enforcement of orders.
57. 34Variation and revocation of orders.
58. 34AVariation of orders by the family court in England and Wales.
59. 34BVariation of orders by courts of summary jurisdiction in Northern Ireland.
60. 35Further provisions with respect to variation etc. of orders by the family court in England and Wales.
61. 35AFurther provisions with respect to variation etc. of orders by magistrates’ courts in Northern Ireland.
62. Supplemental
63. 36Admissibility of evidence given in convention country.
64. 37Obtaining of evidence for purpose of proceedings in United Kingdom court.
65. 38Taking of evidence at request of court in convention country.
66. 38ARules of court
67. 39Interpretation of Part II.
68. Part III: Miscellaneous and Supplemental
69. Further provisions relating to enforcement of maintenance orders and to applications for recovery of maintenance
70. 40Power to apply Act to maintenance orders and applications for recovery of maintenance made in certain countries.
71. Provisions with respect to certain orders of magistrates’ courts
72. 41Complaint for variation, etc. of certain orders by or against persons outside England and Wales.
73. 42Provisional order for maintenance of party to marriage made by ... court to cease to have effect on remarriage of party.
74. Supplemental provisions
75. 43Section 43
76. 43AEligibility for Legal Aid in Scotland.
77. 44Exclusion of certain enactments relating to evidence.
78. 45Orders in Council.
79. 46Financial provisions.
80. 47Interpretation: general.
81. 48Special provisions relating to Northern Ireland.
82. 49Short title and commencement.
83. Schedule: Consequential and Minor Amendments
84. 1Paragraph 1 Repealed
85. The Army Act 1955 and the Air Force Act 1955
86. 2Paragraph 2
87. The Naval Discipline Act 1957
88. 3Paragraph 3
89. 4Paragraph 4 Repealed
90. The Maintenance and Affiliation Orders Act (Northern Ireland) 1966
91. 5Paragraph 5
92. The Administration of Justice Act 1970
93. 6Paragraph 6
94. The Attachment of Earnings Act 1971
95. 7Paragraph 7