Maintenance Orders (Reciprocal Enforcement) Act 1972
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Change 1
2 Transmission of maintenance order made in United Kingdom for enforcement in reciprocating country.
(1) Subject to subsection (2) below, where the payer under a maintenance order made, whether before or after the commencement of this Part of this Act, by a court in the United Kingdom is residing or has assets in a reciprocating country, the payee under the order may apply for the order to be sent to that country for enforcement. (2) Subsection (1) above shall not have effect in relation to a provisional order or to an order made by virtue of a provision of Part II of this Act. (3) Every application under this section shall be made in the prescribed manner to the prescribed officer of the court which made the maintenance order to which the application relates. (4) If, on an application duly made under this section to the prescribed officer of a court in the United Kingdom, that officer is satisfied that the payer under the maintenance order to which the application relates is residing or has assets in a reciprocating country, the following documents, that is to say— (a) a certified copy of the maintenance order; (b) a certificate signed by that officer certifying that the order is enforceable in the United Kingdom; (c) a certificate of arrears so signed; (d) a statement giving such information as the officer possesses as to the whereabouts of the payer and the nature and location of his assets in that country; (e) a statement giving such information as the officer possesses for facilitating the identification of the payer; and (f) where available, a photograph of the payer; shall be sent by that officer to the Secretary of State with a view to their being transmitted by the Secretary of State to the responsible authority in the reciprocating country if he is satisfied that the statement relating to the whereabouts of the payer and the nature and location of his assets in that country gives sufficient information to justify that being done. (5) Nothing in this section shall be taken as affecting any jurisdiction of a court in the United Kingdom with respect to a maintenance order to which this section applies, and any such order may be enforced, varied or revoked accordingly.
2 Transmission of maintenance order made in United Kingdom for enforcement in reciprocating country.
(1) Subject to subsection (2) below, where the payer under a maintenance order made, whether before or after the commencement of this Part of this Act, by a court in the United Kingdom is residing or has assets in a reciprocating country, the payee under the order may apply for the order to be sent to that country for enforcement. (2) Subsection (1) above shall not have effect in relation to a provisional order or to an order made by virtue of a provision of Part II of this Act. (3) Every application under this section shall be made in the prescribed manner to the prescribed officer of the court which made the maintenance order to which the application relates. (4) If, on an application duly made under this section to the prescribed officer of a court in the United Kingdom, that officer is satisfied that the payer under the maintenance order to which the application relates is residing or has assets in a reciprocating country, the following documents, that is to say— (a) a certified copy of the maintenance order; (b) a certificate signed by that officer certifying that the order is enforceable in the United Kingdom; (c) a certificate of arrears so signed; (d) a statement giving such information as the officer possesses as to the whereabouts of the payer and the nature and location of his assets in that country; (e) a statement giving such information as the officer possesses for facilitating the identification of the payer; and (f) where available, a photograph of the payer; shall be sent by that officer to the Secretary of State with a view to their being transmitted by the Secretary of State to the responsible authority in the reciprocating country if he is satisfied that the statement relating to the whereabouts of the payer and the nature and location of his assets in that country gives sufficient information to justify that being done. (5) Nothing in this section shall be taken as affecting any jurisdiction of a court in the United Kingdom with respect to a maintenance order to which this section applies, and any such order may be enforced, varied or revoked accordingly.
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