Paragraph 9 I1

Section 9 shall be amended as follows.

For subsection (1) there shall be substituted–

“(1)

Subject to the provisions of this section–

(a)

the registering court shall have the like power, on an application made by the payer or payee under a registered order, to vary F1the method of payment of the order as if it had been made by the registering court and as if that court had had jurisdiction to make it;

F2(b)

The jurisdiction of a court to vary the method of payment of a registered order shall be exercisable notwithstanding that the proceedings for the variation of the order are brought by or against a person residing in a Hague Convention country. ”.

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Subsection (1ZB) shall be amended as follows–

Subsections (1A) and (1B) shall be omitted.

For subsections (2) to (11) there shall be substituted–

“F5(2)

The registering court may not vary a registered order unless—

(a)

the payer under the order had his habitual residence in the United Kingdom at the time when the proceedings to vary the order were instituted; or

(b)

the respondent in those proceedings had submitted to the jurisdiction of the registering court, either expressly or by defending on the merits of the case without objecting to the jurisdiction.

F6(3)

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(4)

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(5)

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(6)

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(7)

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(8)

Where a registered order has been varied by the registering court or by a court in a Hague Convention country, the prescribed officer of the registering court shall register the variation order in the prescribed manner.

F7(8A)

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(9)

Where a registered order has been varied by the registering court or by a court in a Hague Convention country, the registered order shall, as from the date on which the variation order took effect, have effect as so varied.

(10)

In the application of this section to Northern Ireland, in subsections (2) and (7), for the word “respondent” in each place where it occurs, there shall be substituted “defendant”.

F8(11)

This section shall not apply to a court in Scotland.”.