Paragraph 8 Enforcement of maintenance order registered in United Kingdom court.I1
United Kingdom
Subject to subsections (2), (2A) and (2B) below, a registered order may be enforced in the United Kingdom as if it had been made by the registering court and as if that court had had jurisdiction to make it; and proceedings for or with respect to the enforcement of any such order may be taken accordingly.
Where in a maintenance order made in a Hague Convention country there are provisions which are not enforceable under this Part of this Act, this section shall apply only to the remaining provisions of the order.
The payee under a registered order may request the partial enforcement of that order.
Any person for the time being under an obligation to make payments in pursuance of F2an order registered in a court in Northern Ireland shall give notice of any change of address to the F3clerk of that court, and any person failing without reasonable excuse to give such a notice shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
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F6A magistrates’ court in Northern Ireland by which an order is enforceable by virtue of this section, and the officers thereof, shall take all such steps for enforcing the order as may be prescribed.
In any proceedings for or with respect to the enforcement of an order which is for the time being registered in any court under this Part of this Act a certificate of arrears sent to the prescribed officer of the court shall be evidence of the facts stated therein.
Subject to subsection (8) below, a sum of money payable under a registered order shall be payable in accordance with the order, or such part thereof as the payee may have requested should be enforced, as from the date on which the order took effect.
Where a registered order was made by a court in a Hague Convention country before the date of the entry into force of the Hague Convention between the United Kingdom and that country, no sum of money falling due before that date shall be payable in accordance with the order.
In the application of this section to Scotland–
subsections (2) to (5) shall be omitted; and
in subsection (6), for the word “evidence” there shall be substituted the words “sufficient evidence”.
Annotations
Textual amendments
- F1
Words in Sch. 3 s. 8 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), 38(a)
- F2
Words in Sch. 3 s. 8 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), 38(b)(i)
- F3
Words in Sch. 3 s. 8 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), 38(b)(ii)
- F4
Words in Sch. 3 s. 8 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), 38(c)
- F5
Words in Sch. 3 s. 8 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), 38(d)
- F6
Words in Sch. 3 s. 8 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), 38(e)
Commencement
- I1
Sch. 3 para. 8 in force at 5.4.1993, see art. 1