SCHEDULE 1 continued PART II continued
(3) Without prejudice to subsection (2) above, an application to a magistrates' court in Northern Ireland for the variation or revocation of a registered order shall be made by complaint.
(4) Where the defendant to a complaint for the variation or revocation of a registered order which is registered in a magistrates' court in Northern Ireland does not appear at the time and place appointed for the hearing of the complaint, but the court is satisfied—
(a) that the defendant is residing outside Northern Ireland, and
(b) that the prescribed notice of the making of the complaint and of the time and place appointed for the hearing has been given to the defendant in the prescribed manner,
the court may proceed to hear and determine the complaint at the time and place appointed for the hearing or for any adjourned hearing in like manner as if the defendant had appeared at that time and place.”
17 In section 36 (admissibility of evidence given in convention country), in subsection (1) for the words from “received by” to “or out of” there shall be substituted “to which section 27A(1) of this Act applies, an application received by the Lord Chancellor as mentioned in section 28C(1) of this Act, an application received by the Secretary of State as mentioned in section 31(1) of this Act or”.
18 After section 38 there shall be inserted—
(1) Without prejudice to the generality of the power to make rules under section 144 of the [1980 c. 43.] Magistrates' Courts Act 1980 (magistrates' courts rules), such rules may make provision with respect to the orders made or other things done by a magistrates' court, or an officer of such a court, by virtue of this Part of this Act, notice of which is to be given to such persons as the rules may provide and the manner in which such notice shall be given.
(2) For the purpose of giving effect to this Part of this Act, rules made under section 144 of the Magistrates' Courts Act 1980 may make, in relation to any proceedings brought under or by virtue of this Part of this Act, any provision not covered by subsection (1) above which—
(a) falls within subsection (2) of section 93 of the [1989 c. 41.] Children Act 1989, and
(b) may be made in relation to relevant proceedings under that section.
(3) In the application of this section to Northern Ireland—
(a) in subsection (1), for the reference to section 144 of the Magistrates' Courts Act 1980 there shall be substituted a reference to Article 13 of the [S.I. 1981/1675 (N.I. 26).] Magistrates' Courts (Northern Ireland) Order 1981, and
(b) subsection (2) shall be omitted.”
19 In section 39 (interpretation of Part II), after the definition of “maintenance” there shall be inserted—
““maintenance order” has the same meaning as in Part I of this Act;”, and at the end there shall be added—
““revoke” and “revocation” include discharge.”
Section 2(1).
1 In section 90(3)(b) of the Domestic Proceedings and Magistrates' Courts Act 1978 (which lists the provisions of Schedule 2 to that Act that extend to Northern Ireland), for “paragraphs 12, 13, 14, 33 and 34(a)” there shall be substituted “paragraphs 12, 13, 14 and 33”.
2 (1) The Magistrates' Courts (Northern Ireland) Order 1981 shall be amended as follows.
(2) In Article 100 (power of court to make attachment of earnings order), in paragraph (2), in the definition of “prescribed person” for “section 27(9)” there shall be substituted “section 28C(11)”.
(3) In Article 101 (making of attachment of earnings order), in paragraph (3)(b)(ii) for “section 27(8)” there shall be substituted “section 28C(10)”.
Section 2(2).
| Chapter or number | Short title or title | Extent of repeal or revocation |
|---|---|---|
| 1978 c. 22. | The Domestic Proceedings and Magistrates' Courts Act 1978. | Sections 57 and 58. |
| In Schedule 2, paragraphs 34 and 35. | ||
| 1980 c. 43. | The Magistrates' Courts Act 1980. | In Schedule 7, paragraph 108. |
| 1982 c. 27. | The Civil Jurisdiction and Judgments Act 1982. | Section 37(2). |
| 1984 c. 42. | The Matrimonial and Family Proceedings Act 1984. | Section 26. |
| In Schedule 1, paragraph 9. | ||
| 1987 c. 42. | The Family Law Reform Act 1987. | In Schedule 2, paragraph 46. |
| 1990 c. 41. | The Courts and Legal Services Act 1990. | In Schedule 16, paragraph 39(1) and (2). |
| 1991 c. 17. | The Maintenance Enforcement Act 1991. | In Schedule 1, paragraphs 15, 16, 17 and 20. |
| S.I. 1980/564. | The Maintenance Orders (Northern Ireland Consequential Amendments) Order 1980. | Article 4(2) and (5). |
| S.I. 1981/1675 (N.I. 26). | The Magistrates' Courts (Northern Ireland) Order 1981. | In Schedule 6, paragraph 24. |