The Magistrates’ Courts (Reciprocal Enforcement of Maintenance Orders) (Miscellaneous Amendment) Rules 2007

• Citation: S.I. 2007/2267
• Sections: 4

Section 1 Citation and commencement

These Rules may be cited as the Magistrates’ Courts (Reciprocal Enforcement of Maintenance Orders) (Miscellaneous Amendment) Rules 2007 and shall come into force on 1st October 2007.

Section 2 Amendments to the Magistrates’ Courts (Reciprocal Enforcement of Maintenance Orders) (United States of America) Rules 1995

(1) The Magistrates’ Courts (Reciprocal Enforcement of Maintenance Orders) (United States of America) Rules 1995 (“the 1995 Rules ”) shall be amended in accordance with this rule.

(2) For “the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995 ”, wherever it appears, substitute “Reciprocal Enforcement of Maintenance Orders (United States of America) Order 2007 ”.

(3) In rule 3—

(a) for “Schedule 3”, substitute “Schedule 2”;

(b) for paragraph (c) substitute—

(c) rules 4A(1)(a), 4A(1)(c), 4B(2)(a) and 4B(2)(c) were omitted;

(c) after paragraph (e), insert—

(ee) in rule 8B there were omitted—

(i) in paragraph (1), “or section 9(1ZA)” ; and

(ii) paragraph (3);

(d) for paragraph (f) substitute—

(f) for references to “Hague Convention Country” or “a Hague Convention Country”, wherever they appear, there were substituted references to “the United States of America”.

Section 3 Amendments to the Magistrates’ Courts (Recovery Abroad of Maintenance) Rules 1975

(1) The Magistrates’ Courts (Recovery Abroad of Maintenance Rules) 1975 (“the 1975 Rules ”) shall be amended in accordance with paragraph (2).

(2) In rule 5A, for “the Recovery of Maintenance (United States of America) Order 1979 ”, substitute “the Recovery of Maintenance (United States of America) Order 2007 ”.

Section 4 Transitional provisions

(1) The amendments in rule 2 shall have effect in relation to matters to which the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 2007 (“the 2007 Reciprocal Enforcement Order ”) applies as set out in article 3(1) of that Order.

(2) Where, by virtue of article 6(2) of the 2007 Reciprocal Enforcement Order, the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995 continues in full force and effect, the 1995 Rules shall apply as if they had not been amended by these Rules.

(3) The amendment in rule 3 shall have effect in relation to matters to which the Recovery of Maintenance (United States of America) Order 2007 (“the 2007 Recovery of Maintenance Order ”) applies as set out in article 5(1) of that Order.

(4) Where by virtue of article 5(2) of the 2007 Recovery of Maintenance Order, the Recovery of Maintenance (United States of America) Order 1993 continues in full force and effect, the 1975 Rules shall apply as if they had not been amended by these Rules.