Maintenance Orders (Reciprocal Enforcement) Act 1972
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Change 1
23 Maintenance order registered in High Court under the Maintenance Orders etc. Act 1920.
(1) Where a country or territory, being a country or territory to which at the commencement of section 1 of this Act the Maintenance Orders (Facilities for Enforcement) Act 1920 extended, becomes a reciprocating country, then, if immediately before the Order in Council made under section 12 of that Act extending that Act to that country or territory was revoked any maintenance order made by a court in that country or territory was registered in the High Court or the High Court of Justice in Northern Ireland under section 1 of that Act, subsection (1A) applies in relation to the order. (1A) Where the order was at that time registered in the High Court, that court may, on an application by the payer or the payee under the order or of its own motion, transfer the order to the family court, with a view to the order being registered in the family court under this Part of this Act; and where the order was at that time registered in the High Court of Justice in Northern Ireland, that court may, on an application by the payer or the payee under the order or of its own motion, transfer the order to such magistrates’ court in Northern Ireland as having regard to the place where the payer is residing and to all the circumstances it thinks most appropriate, with a view to the order being registered in that magistrates’ court under this Part of this Act. (1B) Where the High Court transfers an order to the family court under this section it shall— (a) cause a certified copy of the order to be sent to an officer of the family court, and (b) cancel the registration of the order in the High Court. (2) Where the High Court of Justice in Northern Ireland transfers an order to a magistrates’ court under this section it shall— (a) cause a certified copy of the order to be sent to the appropriate officer of that court, and (b) cancel the registration of the order in the High Court. (3) The ... officer of the court who receives a certified copy of an order sent to him under this section shall register the order in the prescribed manner in that court. (4) On registering a maintenance order in a court by virtue of this section the officer registering it shall, if the order is registered in that court under Part I of the Maintenance Orders Act 1958, cancel that registration. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) In this section “appropriate officer”, in relation to a magistrates' court in Northern Ireland, means the clerk of the court.
23 Maintenance order registered in High Court under the Maintenance Orders etc. Act 1920.
(1) Where a country or territory, being a country or territory to which at the commencement of section 1 of this Act the Maintenance Orders (Facilities for Enforcement) Act 1920 extended, becomes a reciprocating country, then, if immediately before the Order in Council made under section 12 of that Act extending that Act to that country or territory was revoked any maintenance order made by a court in that country or territory was registered in the High Court or the High Court of Justice in Northern Ireland under section 1 of that Act, subsection (1A) applies in relation to the order. (1A) Where the order was at that time registered in the High Court, that court may, on an application by the payer or the payee under the order or of its own motion, transfer the order to the family court, with a view to the order being registered in the family court under this Part of this Act; and where the order was at that time registered in the High Court of Justice in Northern Ireland, that court may, on an application by the payer or the payee under the order or of its own motion, transfer the order to such magistrates’ court in Northern Ireland as having regard to the place where the payer is residing and to all the circumstances it thinks most appropriate, with a view to the order being registered in that magistrates’ court under this Part of this Act. (1B) Where the High Court transfers an order to the family court under this section it shall— (a) cause a certified copy of the order to be sent to an officer of the family court, and (b) cancel the registration of the order in the High Court. (2) Where the High Court of Justice in Northern Ireland transfers an order to a magistrates’ court under this section it shall— (a) cause a certified copy of the order to be sent to the appropriate officer of that court, and (b) cancel the registration of the order in the High Court. (3) The ... officer of the court who receives a certified copy of an order sent to him under this section shall register the order in the prescribed manner in that court. (4) On registering a maintenance order in a court by virtue of this section the officer registering it shall, if the order is registered in that court under Part I of the Maintenance Orders Act 1958, cancel that registration. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) In this section “appropriate officer”, in relation to a magistrates' court in Northern Ireland, means the clerk of the court.
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