Statutory Instrument 1993 No. 593

The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993

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© Crown Copyright 1993

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1993 No. 593

MAINTENANCE OF DEPENDANTS

The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993

At the Court at Buckingham Palace, the 10th day of March 1993

Present,

The Queen's Most Excellent Majesty in Council

Whereas Her Majesty is satisfied that arrangements have been made in the countries and territories specified in Schedule 1 to this Order to ensure that maintenance orders made by courts in the United Kingdom against persons in those countries and territories can be enforced there:

And whereas Her Majesty is satisfied that in the interest of reciprocity it is desirable to ensure that maintenance orders made by courts in the countries and territories specified in Schedule 1 to this Order against persons in the United Kingdom can be enforced in the United Kingdom:

Now, therefore, Her Majesty, in exercise of the powers conferred by sections 40 and 45(1) of the Maintenance Orders (Reciprocal Enforcement) Act 1972^[1]is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

    1.    This Order may be cited as the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993 and shall come into force on 5th April 1993.

    2.    In this Order, unless the context otherwise requires-
"Act" means the Maintenance Orders (Reciprocal Enforcement) Act 1972^[2];
"court in a Hague Convention country" includes any judicial or administrative authority in a Hague Convention country;
"Hague Convention" means the Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations concluded at The Hague on 2nd October 1973; and
"Hague Convention country" means a country or territory specified in Schedule 1 to this Order, being a country or territory (other than the United Kingdom) in which the Hague Convention is in force.

    3.—(1)  The provisions of Part I of the Act shall apply in relation to a Hague Convention country as they apply in relation to a reciprocating country, subject to the exceptions, adaptations and modifications set out in Schedule 2 to this Order.

    (2)  Accordingly, Part I of the Act shall, in relation to-
 (a) maintenance orders made by courts in the United Kingdom against persons in a Hague Convention country, and
 (b) maintenance orders made by courts in a Hague Convention country against persons in the United Kingdom,
have effect as set out in Schedule 3 to this Order.

    4.    The Orders specified in Schedule 4 to this Order are hereby revoked.

N. H. Nicholls

Clerk of the Privy Council

[1] 1972 c. 18; section 40 was amended by the Civil Jurisdiction and Judgments Act 1982 (c. 27), Schedules 11 and 14. back

[2] As amended by the Affiliation Proceedings (Amendment) Act 1972 (c. 49), section 3; by the Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22), sections 54 and 55 and Schedules 2 and 3; by the Magistrates' Courts Act 1980 (c. 43), Schedule 7; by S.I. 1981/1675 (N.I. 26); by the Criminal Justice Act 1982 (c. 48), section 46; by the Civil Jurisdiction and Judgments Act 1982, Schedules 11 and 12; by the Family Law Reform Act 1987 (c. 42), Schedules 2 and 4; by the Maintenance Enforcement Act 1991 (c. 17), Schedule 1; by S.I. 1992/709; and by the Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), Schedule 1. There are further amendments to the Act which are not relevant to this Order. back

Explanatory Note