{
  "url": "https://openlegislation.uk/reciprocal-enforcement-of-maintenance-orders-hague-convention-countries-order-1993/schedule-2/paragraph-3",
  "json_url": "https://openlegislation.uk/reciprocal-enforcement-of-maintenance-orders-hague-convention-countries-order-1993/schedule-2/paragraph-3.json",
  "legislation": "uksi/1993/593",
  "legislation_title": "The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993",
  "legislation_url": "https://openlegislation.uk/reciprocal-enforcement-of-maintenance-orders-hague-convention-countries-order-1993",
  "path": "schedule/2/paragraph/3",
  "kind": "paragraph",
  "number": "3",
  "heading": null,
  "text": "(1) Section 3 shall be amended as follows.\n(2) For subsection (1) there shall be substituted–\n“(1) This section applies to an application made to the family court in England and Wales if—\n(a) the application is an application for a maintenance order against a person residing in a Hague Convention country, and\n(b) the court has jurisdiction to entertain the application by virtue of the Domestic Proceedings and Magistrates' Courts Act 1978 or the Children Act 1989 if at any time when the proceedings were instituted that person was residing in England and Wales, and received reasonable notice of the date of the hearing of the application. ”.\n(3) Subsection (2) shall be omitted.\n(4) For subsection (5) there shall be substituted–\n“(5) On the making of an application to which subsection (1) above applies, the following documents, that is to say–\n(a) notice of the institution of the proceedings, including notice of the substance of the application;\n(b) a statement signed by the prescribed officer of the court giving such information as he possesses as to the whereabouts of the respondent;\n(c) a statement giving such information as the officer possesses for facilitating the identification of the respondent; and\n(d) where available, a photograph of the respondent,\nshall be sent by that officer to the Lord Chancellor with a view to their being transmitted by the Lord Chancellor to the appropriate authority in the Hague Convention country in which the respondent is residing for service on him of the document mentioned in paragraph (a) above if the Lord Chancellor is satisfied that the statement relating to the whereabouts of the respondent gives sufficient information to justify that being done.”.\n(5) For subsection (6) there shall be substituted–\n“(6) In considering whether or not to make a maintenance order pursuant to an application to which subsection (1) above applies the court shall take into account any representations made and any evidence adduced by or on behalf of the respondent.\n(6A) Where the respondent makes any representations or adduces any evidence, a copy of the representations or evidence shall be served on the applicant by the prescribed officer of the court before the hearing.\n(6B) The prescribed officer of the court shall give the respondent notice in writing of the date fixed for the hearing by sending the notice by post addressed to his last known or usual place of abode.\n(6C) A maintenance order pursuant to an application to which subsection (1) above applies shall not be made unless the document mentioned in paragraph (a) of subsection (5) above has been served on the respondent in accordance with the law for the service of such documents in the Hague Convention country in which he is residing or in such other manner as may be authorised by the Lord Chancellor not less than six weeks previously.\n(6D) Where a maintenance order has been made pursuant to an application to which subsection (1) applies, the prescribed officer of the court shall send the following documents, that is to say–\n(a) a certified copy of the order;\n(b) a certificate signed by that officer certifying that the order is enforceable and that it is no longer subject to the ordinary forms of review;\n(c) a written statement, signed by that officer as to whether or not the respondent appeared in the proceedings in which the order was made, and, if he did not appear, the original or a certified copy of a document which establishes that the document mentioned in paragraph (a) of subsection (5) above has been served on the payer in accordance with subsection (6C) above;\n(d) a document which establishes that notice of the order was sent to the respondent; and\n(e) a written statement signed by that officer as to whether or not the applicant received legal aid in the proceedings,\nto the Lord Chancellor with a view to their being transmitted by him to the appropriate authority in the Hague Convention country in which the respondent resides for recognition and enforcement of the order.\n(6E) A maintenance order made pursuant to an application to which subsection (1) applies may, subject to section 5 of this Act, be enforced, varied or revoked in like manner as any other maintenance order made by the family court.”.\n(6) In subsection (7)—\n(a) after the words “a magistrates' court” insert the words “ by a person who is habitually resident in Northern Ireland ”;\n(b) for the word “reciprocating” substitute the words “ Hague Convention ”.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 2 para. 3(2) substituted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 1(1), Sch. 7 para. 25(3)(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 2 para. 3(2) substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 30(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 2 para. 3(2) substituted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 31(4)(a) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Sch. 2 para. 3(5) substituted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 1(1), Sch. 7 para. 25(3)(b)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Sch. 2 para. 3(5) substituted (22.4.2014) by The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 30(b)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Sch. 2 para. 3(6) substituted (31.12.2020) by The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/519), reg. 1(1), Sch. para. 31(4)(b) (with reg. 8) (as amended by S.I. 2020/1574, regs. 1, 5(2)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 para. 3 in force at 5.4.1993, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1993/593/schedule/2/paragraph/3",
    "retrieved_at": "2026-10-29T14:02:26.723550+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}