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Revised Statute from The UK Statute Law Database

Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not in the form in which it was originally enacted but is a revised version, which means that subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2003, 2004, 2005 and 2007. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

Maintenance Orders (Reciprocal Enforcement) Act 1972

1972 CHAPTER 18

Contents

Go to Preamble

  1. Part I

    Reciprocal Enforcement of Maintenance Orders made in United Kingdom or Reciprocating Country

    1. Designation of reciprocating countries

      1. 1. Orders in Council designating reciprocating countries

    2. Orders made by courts in the United Kingdom

      1. 2. Transmission of maintenance order made in United Kingdom for enforcement in reciprocating country

      2. 3. Power of magistrates’ court to make provisional maintenance order against person residing in reciprocating country

      3. 4. Power of sheriff to make provisional maintenance order against person residing in reciprocating country

      4. 5. Variation and revocation of maintenance order made in United Kingdom

    3. Orders made by courts in reciprocating countries

      1. 6. Registration in United Kingdom court of maintenance order made in reciprocating country

      2. 7. Confirmation by United Kingdom court of provisional maintenance order made in reciprocating country

      3. 8. Enforcement of maintenance order registered in United Kingdom court (E+W)

      4. 8. Enforcement of maintenance order registered in United Kingdom court (S+N.I.)

      5. 9. Variation and revocation of maintenance order registered in United Kingdom court

      6. 10. Cancellation of registration and transfer of order

      7. 11. Steps to be taken by Secretary of State where payer under certain orders is not residing in the United Kingdom

    4. Appeals

      1. 12. Appeals

    5. Evidence

      1. 13. Admissibility of evidence given in reciprocating country

      2. 14. Obtaining of evidence needed for purpose of certain proceedings

      3. 15. Order, etc. made abroad need not be proved

    6. Supplemental

      1. 16. Payment of sums under orders made abroad: conversion of currency

      2. 17. Proceedings in magistrates’ courts

      3. 18. Magistrates’ courts rules

      4. 19. Rules for sheriff court

      5. 20. Restriction on enforcement of arrears under maintenance order registered in Scotland

      6. 21. Interpretation of Part I

    7. Amendments, repeals and transitional provisions

      1. 22. Amendments and repeals

      2. 23. Maintenance order registered in High Court under the Maintenance Orders etc. Act 1920

      3. 24. Application of Part I to certain orders and proceedings under the Maintenance Orders etc. Act 1920

  2. Part II

    Reciprocal Enforcement of Claims for the Recovery of Maintenance

    1. Convention countries

      1. 25. Convention countries

    2. Application by person in the United Kingdom for recovery, etc. of maintenance in convention country

      1. 26. Application by person in United Kingdom for recovery, etc. of maintenance in convention country

    3. Application by person in convention country for recovery of maintenance in England, Wales or Northern Ireland

      1. 27. General provisions relating to application for recovery of maintenance in England, etc

      2. 27A. Applications for recovery of maintenance in England and Wales

      3. 27B. Sending application to the appropriate magistrates’ court

      4. 27C. Applications to which section 27A applies: general

      5. 28. Applications by spouses under the Domestic Proceedings and Magistrates’ Courts Act 1978

      6. 28A.Applications by former spouses under the Domestic Proceedings and Magistrates’ Courts Act 1978

      7. 28B. Applications under the Children Act 1989

      8. 28C. Applications for recovery of maintenance in Northern Ireland

      9. 28D. Sending application to the appropriate magistrates’ court

      10. 28E. Applications to which section 28C applies: general

      11. 29. Applications by spouses under the Domestic Proceedings (Northern Ireland) Order 1980

      12. 29A. Applications by former spouses under the Domestic Proceedings (Northern Ireland) Order 1980

      13. 29B. Applications under the Children (Northern Ireland) Order 1995

      14. 30. Further provisions relating to recovery in England, Wales and Northern Ireland of maintenance for children

    4. Application by person in convention country for recovery of maintenance in Scotland

      1. 31. Application by person in convention country for recovery of maintenance in Scotland

    5. Transfer, enforcement, variation and revocation of registered orders

      1. 32. Transfer of orders

      2. 33. Enforcement of orders (E+W)

      3. 33. Enforcement of orders (S+N.I.)

      4. 34. Variation and revocation of orders

      5. 34B. Variation of orders by courts of summary jurisdiction in Northern Ireland

      6. 35. Further provisions with respect to variation etc. of orders by magistrates’ courts in England and Wales

      7. 35A. Further provisions with respect to variation etc. of orders by magistrates’ courts in Northern Ireland

    6. Supplemental

      1. 36. Admissibility of evidence given in convention country

      2. 37. Obtaining of evidence for purpose of proceedings in United Kingdom court

      3. 38. Taking of evidence at request of court in convention country

      4. 38A. Magistrates’ courts rules

      5. 39. Interpretation of Part II

  3. Part III

    Miscellaneous and Supplemental

    1. Further provisions relating to enforcement of maintenance orders and to applications for recovery of maintenance

      1. 40. Power to apply Act to maintenance orders and applications for recovery of maintenance made in certain countries

    2. Provisions with respect to certain orders of magistrates’ courts

      1. 41. Complaint for variation, etc. of certain orders by or against persons outside England and Wales

      2. 42. Provisional order for maintenance of party to marriage made by magistrates’ court to cease to have effect on remarriage of party

    3. Supplemental provisions

      1. 43.

      2. 43A. Eligibility for Legal Aid in Scotland

      3. 44. Exclusion of certain enactments relating to evidence

      4. 45. Orders in Council

      5. 46. Financial provisions

      6. 47. Interpretation: general

      7. 48. Special provisions relating to Northern Ireland

      8. 49. Short title and commencement

  4. SCHEDULE

    Consequential and Minor Amendments

An Act to make new provision, applying throughout the United Kingdom, in place of the Maintenance Orders (Facilities for Enforcement) Act 1920; to make provision with a view to the accession by the United Kingdom to the United Nations Convention on the Recovery Abroad of Maintenance done at New York on 20th June 1956; to make other provision for facilitating the recovery of maintenance by or from persons in the United Kingdom from or by persons in other countries; to extend the jurisdiction of magistrates’ courts to hear complaints by or against persons outside England and Wales; and for purposes connected with the matters aforesaid.

[23rd March 1972]

Annotations:

Modifications etc. (not altering text)

C1Act: certain functions transferred (1.4.1992) by S.I. 1992/709, art. 4(3)(a)(4)

C2Act amended (1.4.1992) by S.I. 1992/709, art. 4(5)

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