{
  "url": "https://openlegislation.uk/reciprocal-enforcement-of-maintenance-orders-hague-convention-countries-order-1993/schedule-3/paragraph-17",
  "json_url": "https://openlegislation.uk/reciprocal-enforcement-of-maintenance-orders-hague-convention-countries-order-1993/schedule-3/paragraph-17.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/3/paragraph/17",
  "kind": "paragraph",
  "number": "17",
  "heading": "Proceedings in magistrates' courts.",
  "text": "(4) Anything authorised or required by this Part of this Act to be done by, to or before the magistrates' court in Northern Ireland by, to or before which any other thing was done may be done by, to or before any magistrates' court ... acting for the same petty sessions district as that court.\n(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5A) Where the respondent to an application for the variation or revocation of—\n(a) a maintenance order made by the family court, being an order to which section 5 of this Act applies; or\n(b) a registered order which is registered in the family court,\nis residing in a Hague Convention country, the family court shall have jurisdiction to hear the application (where it would not have such jurisdiction apart from this subsection) if it would have had jurisdiction to hear it had the respondent been habitually resident in England and Wales.\n(6) A magistrates' court in Northern Ireland has jurisdiction to hear a complaint for the variation or revocation—\n(a) of a maintenance order made by such a court, and to which section 5 of this Act applies, or\n(b) to hear a complaint for the variation of a registered order which is registered in that court,\nif the defendant to the complaint is residing in a Hague Convention country and if the court would have had jurisdiction to hear the complaint had the defendant been residing in Northern Ireland and been served with a summons to appear before the court to answer the complaint.\n(7) Where the respondent to an application—\n(a) for the variation or revocation of a maintenance order made by a court, and to which section 5 of this Act applies; or\n(b) for the variation of a registered order registered in a court, does not appear at the time and place appointed for the hearing on the application, but the court is satisfied that the respondent is residing in a Hague Convention country and the requirements of section 5(4), (6) or (7) or section 9(3), as the case may be, have been complied with, the court may proceed to hear and determine the application at the time and place appointed for the hearing or for any adjourned hearing as if the respondent had appeared at that time and place.\n(7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 3 s. 17(4) inserted (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), 42(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 3 s. 17(4) omitted (22.4.2014) by virtue of The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 42(b)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 3 s. 17(4) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 160(c)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Word in Sch. 3 s. 17(4) 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), 42(c)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Sch. 3 s. 17(5)-(7A) omitted (18.6.2011) by virtue of The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 1(1), Sch. 7 para. 25(4)(e)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Sch. 3 s. 17(5A)-(7) inserted (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(15) (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. 3 para. 17 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/3/paragraph/17",
    "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."
}