The International Recovery of Maintenance (Hague Convention 2007) (Rules of Court) Regulations 2012

• Citation: S.I. 2012/1770
• Sections: 7

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the International Recovery of Maintenance (Hague Convention 2007) (Rules of Court) Regulations 2012, and shall come into force on 31st July 2012.

(2) Regulation 2 extends to England and Wales only.

(3) Regulations 3 to 7 extend to England and Wales, Scotland and Northern Ireland.

Section 2 Amendments to the Magistrates' Courts Act 1980

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Section 3 Amendments to the Civil Jurisdiction and Judgments Act 1982

The Civil Jurisdiction and Judgments Act 1982 is amended as follows.

Section 4

In section 1 (interpretation of references to the Conventions and Contracting States)—

(a) in subsection (1) after the definition of “the 1996 Accession Convention” insert—

“ the 2007 Hague Convention ” means the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23 November 2007;

(b) in subsection (3) before the definition of “Contracting State” insert—

“2007 Hague Convention State”, in any provision, in the application of that provision in relation to the 2007 Hague Convention, means a State bound by that Convention;

Section 5

In section 48 (matters for which rules of court may provide)—

(a) in subsection (1), at the end insert “ or the 2007 Hague Convention ” ;

(b) in subsection (2), in paragraph (a), for “ or the Regulation” substitute “ , the Regulation or the 2007 Hague Convention, ” ;

(c) in subsection (3)—

(i) in the opening words, after “the Maintenance Regulation” insert “ , the 2007 Hague Convention ” ;

(ii) in paragraph (a), for “or Maintenance Regulation State” in both places, substitute “ , Maintenance Regulation State or 2007 Hague Convention State ” ;

(iii) in paragraph (b), for “or Maintenance Regulation States” substitute “ , Maintenance Regulation States or 2007 Hague Convention States ” ;

(iv) in paragraph (e), for “ or Maintenance Regulation State” substitute “ , Maintenance Regulation State or 2007 Hague Convention State, ” ;

(v) in paragraph (g), for “or Maintenance Regulation States” substitute “ , Maintenance Regulation States or 2007 Hague Convention States ” .

Section 6

In section 50 (interpretation: general) after the definition of “enactment” insert—

“ the 2007 Hague Convention ” has the meaning given by section 1(1);

“ 2007 Hague Convention State ” has the meaning given by section 1(3);

Section 7 Maintenance Arrangements

(1) Section 48 of the Civil Jurisdiction and Judgments Act 1982 (matters for which rules of court may provide) applies in relation to maintenance arrangements as if they were maintenance decisions to which the Convention applies.

(2) The reference in paragraph (1) to maintenance arrangements is to those maintenance arrangements which are to be recognised and enforceable in the same way as maintenance decisions by virtue of Article 30 of the Convention.

(3) In this regulation—

“ the Convention ” means the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23 November 2007;

“ maintenance arrangement ” has the meaning given in Article 3(e) of the Convention;

“ maintenance decision ” means a decision, or part of a decision, to which Chapter V of the Convention applies by virtue of Article 19(1) of the Convention.