SCHEDULE Amendment of primary and secondary legislation
PART 1Amendment of primary legislation
Amendment of the Maintenance Orders Act 1950I11
1
The Maintenance Orders Act 1950 M1 is amended as follows.
2
In section 15 (service of process), omit subsection (1)(a)(vi) and the “or” following it.
3
In section 22 (discharge and variation of maintenance orders)—
a
in subsection (1), omit “Subject to subsection (1ZA),”;
b
omit subsection (1ZA).
Amendment of the Maintenance and Affiliation Orders Act (Northern Ireland) 1966I22
1
The Maintenance and Affiliation Orders Act (Northern Ireland) 1966 M2 is amended as follows.
2
In section 10 (orders to which this Part applies)—
a
omit subsection (6);
b
omit subsection (7).
3
In section 13A, in subsection (1), omit “or section 10(6)”.
Amendment of the Administration of Justice Act 1970I33
In Schedule 8 (maintenance orders for purposes of 1958 Act and Part II of this Act) to the Administration of Justice Act 1970 M3 omit paragraph 13B.
Amendment of the Attachment of Earnings Act 1971I44
In Schedule 1 (maintenance orders to which this Act applies) to the Attachment of Earnings Act 1971 M4 omit paragraph 14A.
Amendment of the Maintenance Orders (Reciprocal Enforcement) Act 1972I55
1
The Maintenance Orders (Reciprocal Enforcement) Act 1972 M5 is amended as follows.
2
In section 4 (power of sheriff to make provisional maintenance order against person residing in reciprocating country)—
a
for subsection (1) substitute—
1
In any action where the sheriff has jurisdiction by virtue of subsection (2) and the defender resides in a reciprocating country, any maintenance order granted by the sheriff shall be a provisional order.
b
after subsection (1) insert—
2
In matters relating to maintenance, a person may be sued in the courts for the place where the pursuer is domiciled or habitually resident or, if the matter is ancillary to proceedings concerning the status of a person, in the court which has jurisdiction to entertain those proceedings, provided than an action F1... of affiliation and aliment shall be treated as a matter relating to maintenance which is not ancillary to proceedings concerning the status of a person.
c
omit subsection (7).
3
In section 35 (further provisions with respect to variation etc. of orders by the family court in England and Wales) omit—
a
subsection (1B);
b
subsection (4).
4
In section 35A (further provisions with respect to variation etc of orders by magistrates' courts in Northern Ireland) omit—
a
subsection (1B);
b
subsection (4).
Amendment of the Matrimonial Causes Act 1973I66
1
The Matrimonial Causes Act 1973 M6 is amended as follows.
F22
In section 27 (financial provision orders in cases of neglect to maintain), for subsection (2) substitute—
2
The court may not entertain an application under this section unless—
a
the applicant or the respondent is domiciled in England and Wales on the date of the application;
b
the applicant has been habitually resident there throughout the period of one year ending with that date; or
c
the respondent is resident there on that date.
2A
If the application or part of it relates to a matter in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain that application or part of it except where permitted by Article 18.
2B
In subsection (2A), “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague.
3
In section 35 (alteration of agreements by court during lives of parties)—
a
in subsection (1), omit “, subject to subsections (1A) and (3) below,”;
b
omit subsection (1A).
4
In section 52 (interpretation), in subsection (1), omit the definition of “the Maintenance Regulation”.
Amendment of the Domicile and Matrimonial Proceedings Act 1973I77
1
The Domicile and Matrimonial Proceedings Act 1973 M7 is amended as follows.
2
In section 5 (jurisdiction of High Court and family court)—
a
in subsection (1A)—
i
omit the definition of “the Council Regulation”;
ii
omit the definition of “Contracting State”;
b
in subsection (2) for the words from “if)—” to the end substitute “if) on the date of the application—
a
both parties to the marriage are habitually resident in England and Wales;
b
both parties to the marriage were last habitually resident in England and Wales and one of them continues to reside there;
c
the respondent is habitually resident in England and Wales;
d
the applicant is habitually resident in England and Wales and has resided there for at least one year immediately before the application was made;
e
the applicant is domiciled and habitually resident in England and Wales and has resided there for at least six months immediately before the application was made;
f
both parties to the marriage are domiciled in England and Wales; or
g
either of the parties to the marriage is domiciled in England and Wales.
c
in subsection (3) for the words from “if)—” to the end substitute “if) on the date of the application—
a
both parties to the marriage are habitually resident in England and Wales;
b
both parties to the marriage were last habitually resident in England and Wales and one of them continues to reside there;
c
the respondent is habitually resident in England and Wales;
d
the applicant is habitually resident in England and Wales and has resided there for at least one year immediately before the application was made;
e
the applicant is domiciled and habitually resident in England and Wales and has resided there for at least six months immediately before the application was made;
f
both parties to the marriage are domiciled in England and Wales; or
g
either of the parties to the marriage—
i
is domiciled in England and Wales; or
ii
died before the application was made and either was at death domiciled in England and Wales or had been habitually resident in England and Wales throughout the period of one year ending with the date of death.
d
omit subsection (6A).
3
In section 10 (ancillary and collateral orders) omit—
a
subsection (1C);
b
subsection (1D).
4
In Schedule 1 (staying of matrimonial proceedings (England and Wales)), in paragraph 9(1), omit “, other than proceedings governed by the Council Regulation,”.
Amendment of the Matrimonial Causes (Northern Ireland) Order 1978I88
1
The Matrimonial Causes (Northern Ireland) Order 1978 M8 is amended as follows.
2
In Article 2 (interpretation) omit the definition of “the Maintenance Regulation”.
3
In Article 37 (alteration of agreements by the court, or by a court of summary jurisdiction, during the lives of the parties)—
a
in paragraph (1), for “paragraphs (1A) and” substitute “
paragraph
”
;
b
omit paragraph (1A).
4
In Article 49 (jurisdiction of court)—
a
in paragraph (2), for the words from “if)—” to the end substitute “if) on the date of the application—
a
both parties to the marriage are habitually resident in Northern Ireland;
b
both parties to the marriage were last habitually resident in Northern Ireland and one of them continues to reside there;
c
the respondent is habitually resident in Northern Ireland;
d
the applicant is habitually resident in Northern Ireland and has resided there for at least one year immediately before the application was made;
e
the applicant is domiciled and habitually resident in Northern Ireland and has resided there for at least six months immediately before the application was made;
f
both parties to the marriage are domiciled in Northern Ireland; or
g
either of the parties to the marriage is domiciled in Northern Ireland.
b
in paragraph (3), for the words from “if)—” to the end substitute “if) on the date of the application—
a
both parties to the marriage are habitually resident in Northern Ireland;
b
both parties to the marriage were last habitually resident in Northern Ireland and one of them continues to reside there;
c
the respondent is habitually resident in Northern Ireland;
d
the applicant is habitually resident in Northern Ireland and has resided there for at least one year immediately before the application was made;
e
the applicant is domiciled and habitually resident in Northern Ireland and has resided there for at least six months immediately before the application was made;
f
both parties to the marriage are domiciled in Northern Ireland; or
g
either of the parties to the marriage—
i
is domiciled in Northern Ireland; or
ii
died before the application was made and either was at death domiciled in Northern Ireland or had been habitually resident in Northern Ireland throughout the period of one year ending with the date of death.
c
omit paragraph (3A);
F3d
for paragraph (5) substitute—
5
The court has jurisdiction to entertain an application for financial provision under Article 29 if (and only if)—
a
the applicant or the respondent is domiciled in Northern Ireland on the date of the application;
b
the applicant has been habitually resident there throughout the period of one year ending with that date; or
c
the respondent is resident there on that date.
5A
If the application or part of it relates to a matter in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain that application or part of it except where permitted by Article 18.
e
in paragraph (7), omit “Subject to Article 19(1) of the Council Regulation,”;
f
for paragraph (8) substitute—
8
In this Article “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague.
5
In paragraph 9 of Schedule 1 (staying of matrimonial proceedings), in sub-paragraph (1), omit “, other than proceedings governed by the Council Regulation,”.
Amendment of the Domestic Proceedings (Northern Ireland) Order 1980I99
In Article 32 (jurisdiction) of the Domestic Proceedings (Northern Ireland) Order 1980 M9—
a
in paragraph (1), omit “paragraph (1A) and to”;
b
omit paragraph (1A);
c
omit paragraph (6).
Amendment of the Magistrates' Courts (Northern Ireland) Order 1981I1010
1
The Magistrates' Courts (Northern Ireland) Order 1981 M10 is amended as follows.
2
In Article 86 (revocation, suspension, variation, etc., of orders for periodical payments), in paragraph (1A), omit sub-paragraph (a).
3
In Article 87 (remission of arrears and manner in which arrears to be paid)—
a
in paragraph (1A), omit sub-paragraph (a);
b
in paragraph (7), in the definition of “non-Northern Ireland maintenance order”—
i
at the end of paragraph (b) insert “
or
”
;
ii
omit paragraph (d) and the “or” preceding it.
4
In Article 88 (nature of domestic proceedings), in paragraph (a), omit “or under Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark”.
5
In Article 98 (enforcement of orders for periodical payment of money)—
a
in paragraph (1A), omit sub-paragraph (a);
b
in paragraph (11), omit sub-paragraph (bb);
c
in paragraph (13), omit sub-paragraph (a).
Amendment of the Senior Courts Act 1981I1111
In Schedule 1 (distribution of business in High Court) to the Senior Courts Act 1981 M11 omit paragraph 3(f)(v).
Amendment of the Civil Jurisdiction and Judgments Act 1982I1212
1
The Civil Jurisdiction and Judgments Act 1982 M12 is amended as follows.
2
In section 1 (interpretation of references to the Conventions and Contracting States)—
a
in subsection (1), omit the definition of “the Maintenance Regulation”;
b
in subsection (3), omit the definition of “Maintenance Regulation State”.
3
In section 16 (allocation within UK of jurisdiction in certain civil proceedings), in subsection (4), omit “Schedule 6 to the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011,”.
4
In section 18 (enforcement of UK judgments in other parts of the UK), in subsection (7), omit “or by virtue of the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011”.
5
In section 20 (rules as to jurisdiction in Scotland), omit subsection (3)(b) and the “and” preceding it.
6
In section 24 (interim relief and protective measures in cases of doubtful jurisdiction)—
a
in subsection (1), omit paragraph (d);
b
in subsection (2), omit paragraph (d).
7
In section 25 (interim relief in England and Wales and Northern Ireland in the absence of substantive proceedings)—
a
in subsection (1)—
i
in paragraph (a), omit “or a Maintenance Regulation State”;
ii
in paragraph (b), omit—
aa
“within the scope of the Maintenance Regulation as determined by Article 1 of that Regulation,”;
bb
“, the Maintenance Regulation,”;
b
in subsection (3)—
i
in paragraph (a), omit “or a Maintenance Regulation State”;
ii
in paragraph (b), omit “the Maintenance Regulation as determined by Article 1 of that Regulation”.
8
In section 27 (provisional and protective measures in Scotland in the absence of substantive proceedings)—
a
in subsection (2)—
i
in paragraph (a), omit “in another Maintenance Regulation State,”;
ii
in paragraph (b), omit “is within scope of the Maintenance Regulation as determined by Article 1 of that Regulation or”;
b
in subsection (3)—
i
in paragraph (a), omit “Maintenance Regulation State or”;
ii
in paragraph (b), omit “the Maintenance Regulation as determined by Article 1 of that Regulation or”;
iii
in paragraph (d), omit “Maintenance Regulation State”.
9
In section 28 (application of s 1 of Administration of Justice (Scotland) Act 1972), omit subsection (2).
10
In section 32 (overseas judgments given in proceedings brought in breach of agreement for settlement of disputes), in subsection (4), in paragraph (a) omit “or the Maintenance Regulation”.
11
In section 33 (certain steps not to amount to submission to jurisdiction of overseas court), in subsection (2), omit “the Maintenance Regulation or”.
12
In section 48 (matters for which rules of court may provide)—
a
in subsection (1), omit “the Maintenance Regulation,”;
b
in subsection (2), omit—
i
paragraph (b);
ii
paragraph (c);
c
in subsection (3)—
i
omit “the Maintenance Regulation,”;
ii
in paragraph (a), in both places, omit “Maintenance Regulation State or”;
iii
in paragraph (b), omit “Maintenance Regulation States or”;
iv
in paragraph (e), omit “Maintenance Regulation State or”;
v
in paragraph (g), omit “Maintenance Regulation States or”.
13
In section 50 omit the definitions of—
a
“the Maintenance Regulation”;
b
“Maintenance Regulation State”.
F414
In Schedule 8 (rules as to jurisdiction in Scotland), in paragraph 2, after sub-paragraph (d) insert—
e
in matters relating to maintenance, in the courts for the place where the maintenance creditor is domiciled or habitually resident or, if the matter is ancillary to proceedings concerning the status of a person, in the court which has jurisdiction to entertain those proceedings, provided that an action of affiliation and aliment shall be treated as a matter relating to maintenance which is not ancillary to proceedings concerning the status of a person;
Amendment of the Matrimonial and Family Proceedings Act 1984I1313
1
The Matrimonial and Family Proceedings Act 1984 M13 is amended as follows.
F52
In section 15 (jurisdiction of the court)—
a
in subsection (1), for “subsections (1A) and (2)” substitute “subsection (1A)”;
b
in subsection (1A), for the words from “where” to “the end substitute “in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18”;
c
in subsection (3), for the words from ““the Maintenance Regulation”” to the end substitute ““the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague”.
3
In section 16 (duty of the court to consider whether England and Wales is appropriate venue for application)—
a
in subsection (1), omit “Subject to subsection (3),”;
b
omit subsection (3);
c
omit subsection (4).
F64
In section 28 (circumstances in which a Scottish court may entertain application for financial provision)—
a
in subsection (1), for “subsections (3A) and (4)” substitute “subsection (3A)”;
b
in subsection (3A), for the words from “where” to the end substitute “in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18”;
c
for subsection (5) substitute—
5
“The 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague.
Amendment of the Child Abduction and Custody Act 1985I1414
1
The Child Abduction and Custody Act 1985 M14 is amended as follows.
2
In section 1 (the Hague Convention), omit—
a
subsection (3);
b
subsection (4).
3
In section 12 (the European Convention), omit—
a
subsection (3);
b
subsection (4).
Amendment of the Family Law Act 1986I1515
1
The Family Law Act 1986 M15 is amended as follows.
2
In section 2 (jurisdiction: general)—
a
in subsections (1)(a), (2C)(a) and (3)(a), omit “the Council Regulation or”;
b
in subsections (1)(b), (2C)(b) and (3)(b), for the words from “neither” to “applies” substitute “
the Hague Convention does not apply
”
.
3
In section 5 (power of court to refuse application or stay proceedings)—
a
in subsection (2)—
i
at the end of paragraph (b) insert “
or
”
;
ii
omit paragraph (c) and the “or” following it;
iii
in the words after subsection (d), omit “Article 15 of the Council Regulation or”;
b
omit subsection (3A);
c
in subsection (3B)—
i
omit “or (3A)”;
ii
omit “, (3A)”;
d
in subsection (4), F7for “Council Regulation” substitute “Hague Convention”.
4
In section 19 (jurisdiction: general)—
a
in subsections (1)(a) and (3)(a), omit “the Council Regulation or”;
b
in subsections (1)(b) and (3)(b), for the words from “neither” to “applies” substitute “
the Hague Convention does not apply
”
.
5
In section 22 (power of court to refuse application or stay proceedings)—
a
in subsection (2)—
i
at the end of paragraph (b) insert “
or
”
;
ii
omit paragraph (c);
iii
in the words after subsection (d), omit “Article 15 of the Council Regulation or”;
b
omit subsection (3A);
c
in subsection (4), F8for “Council Regulation” substitute “Hague Convention”.
6
In section 42 (general interpretation of Part I), in subsection (1), omit the definition of “the Council Regulation”.
7
In section 45—
a
in subsection (1), omit “subsection (2) of this section and to”;
b
omit subsection (2).
8
In section 54, in subsection (1), omit the definition of “the Council Regulation”.
Amendment of the Debtors (Scotland) Act 1987I1616
1
The Debtors (Scotland) Act 1987 M16 is amended as follows.
2
In section 54 (current maintenance arrestment to be preceded by default)—
a
in subsection (1)(a)(i), omit “, (aa)”;
b
in subsection (1)(a)(ii), omit “, (ga)”;
c
in subsection (2)(a), omit “, (ga)”;
d
omit subsection (5).
3
In subsection 55 (review and termination of current maintenance arrestment), in subsection (9), omit “, (ga)”.
4
In section 66 (recall and variation of conjoined arrestment order), in subsection (5), omit “, (ga)”.
5
In section 73 (interpretation of Part III), in subsection (1), in the definition of “decree or other document”, omit paragraph (f).
6
In section 73A (arrestment and action of furthcoming to proceed only on decree or document of debt), in subsection (4), in the definition of “document of debt”, omit paragraph (c).
7
In section 106 (interpretation) omit—
a
the definition of “the 2011 Regulations”;
b
in the definition of “maintenance order”—
i
paragraph (aa);
ii
paragraph (ga);
c
the definition of “the Maintenance Regulation”.
Amendment of the Children Act 1989I1717
1
Schedule 1 (financial provision for children) to the Children Act 1989 M17 is amended as follows.
F92
In paragraph 10 (alteration of maintenance agreements)—
a
in sub-paragraph (2A), for the words from “where” to the end substitute “in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18”;
b
in sub-paragraph (2B), for the words from ““the Maintenance Regulation”” to the end substitute ““the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague”.
F102A
In the italic heading before paragraph 14, omit “in relation to matters relating to maintenance”.
3
For paragraph 14 (jurisdiction in matters relating to maintenance) substitute—
F1114
1
The court has jurisdiction in relation to an application under paragraph 1 in respect of a child if any of the following persons are habitually resident or domiciled in England and Wales on the date of the application—
a
a parent of the child;
b
a guardian or special guardian of the child;
c
a person who is named in a child arrangements order as a person with whom the child is to live;
d
the child.
2
The court has jurisdiction in relation to an application under paragraph 2 if the applicant or a parent against whom the order is sought or made is habitually resident or domiciled in England and Wales on the date of the application.
Amendment of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989I1818
1
The Matrimonial and Family Proceedings (Northern Ireland) Order 1989 M18 is amended as follows.
F122
In Article 19 (jurisdiction of the court)—
a
in paragraph (1), for “paragraphs (1A) and (2)” substitute “paragraph (1A)”;
b
in paragraph (1A), for the words from “where” to the end substitute “in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18”;
c
in paragraph (3), for the words from ““The Maintenance Regulation”” to the end substitute ““The 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague”.
3
In Article 20 (duty of the court to consider whether Northern Ireland is the appropriate venue for application)—
a
in paragraph (1), omit “Subject to paragraph (3),”;
b
omit paragraph (3);
c
omit paragraph (4).
Amendment of the Child Support Act 1991I1919
In section 44 (jurisdiction) of the Child Support Act 1991 M19 omit—
a
subsection (4);
b
subsection (5).
Amendment of the Child Support (Northern Ireland) Order 1991I2020
In Article 41 (jurisdiction) of the Child Support (Northern Ireland) Order 1991 M20 omit—
a
paragraph (4);
b
paragraph (5).
Amendment of the Social Security Administration Act 1992I2121
In section 108 (reduction of expenditure on income support: certain maintenance orders to be enforceable by the Secretary of State) of the Social Security Administration Act 1992 M21—
a
in subsection (4), omit paragraph (aa);
b
omit subsection (9).
Amendment of the Social Security Administration (Northern Ireland) Act 1992I2222
In section 103 (reduction of expenditure on income support: certain maintenance orders to be enforceable by the Department) of the Social Security Administration (Northern Ireland) Act 1992 M22—
a
in subsection (4), omit paragraph (aa);
b
omit subsection (9).
Amendment of the Children (Northern Ireland) Order 1995I2323
1
Schedule 1 to the Children (Northern Ireland) Order 1995 M23 is amended as follows.
F132
In paragraph 12 (alteration of maintenance agreements)—
a
in sub-paragraph (2A), for the words from “where” to the end substitute “in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18”;
b
in sub-paragraph (2B), for ““the Maintenance Regulation”” to the end substitute ““the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague”.
F142A
In the italic heading before paragraph 16, omit “in relation to matters relating to maintenance”.
3
For paragraph 16 (jurisdiction in relation to matters relating to maintenance) substitute—
F1516
1
The court has jurisdiction in relation to an application under paragraph 2 in respect of a child if any of the following persons are habitually resident or domiciled in Northern Ireland on the date of the application—
a
a parent of the child;
b
a guardian of the child;
c
a person in whose favour a residence order is in force with respect to the child;
d
the child.
2
The court has jurisdiction in relation to an application under paragraph 3 if the applicant or a parent against whom the order is sought or made is habitually resident or domiciled in Northern Ireland on the date of the application.
Amendment of the Debt Arrangement and Attachment (Scotland) Act 2002I2424
In section 10 (attachment) of the Debt Arrangement and Attachment (Scotland) Act 2002 M24, in subsection (5)—
a
omit the definition of “the 2011 Regulations”;
b
in the definition of “document of debt”—
i
for paragraph (c) substitute—
c
a court settlement or authentic instrument (within the meaning of Article 3 of the Hague Convention) which is registered in the sheriff court under the Hague Convention;
ii
omit the definition of “the Maintenance Regulation” and the “and” which precedes it.
Amendment of the Civil Partnership Act 2004I2525
1
The Civil Partnership Act 2004 M25 is amended as follows.
2
In section 227 (Scottish ancillary and collateral orders)—
a
in subsection (3), for “subsections (3A) and (3B)” substitute “subsection (3A)”
F16and at the end insert “This subsection is subject to subsection (3B).”;
F17b
in subsection (3B), for the words from “where” to the end substitute “in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part it except where permitted by Article18”;
c
in subsection (6), for the words from ““the Maintenance Regulation”” to the end substitute ““the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague”.
3
In Schedule 5 (financial relief: provision corresponding to provision made by Part 2 of the Matrimonial Causes Act 1973), in Part 9 (failure to maintain: financial provision (and interim orders)), in paragraph 39 (circumstances in which orders under this Part may be made)—
a
for sub-paragraph (2) substitute—
2
The court must not entertain an application under this paragraph unless–
a
the applicant or the respondent is domiciled in England and Wales on the date of the application,
b
the applicant has been habitually resident there throughout the period of 1 year ending with that date, or
c
the respondent is resident there on that date.
F18b
after sub-paragraph (2) insert—
2A
If the application or part of it relates to a matter to which Article 18 of the 2007 Hague Convention applies, the court must not entertain the application or that part of it except where permitted by Article 18.
c
in sub-paragraph (5), for the words from ““the Maintenance Regulation”” to the end substitute ““the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague”.
4
In Schedule 5, in Part 13 (consent orders and maintenance agreements), in paragraph 69 (alternation of agreements by court during lives of parties)—
a
in sub-paragraph (1), omit “Subject to sub-paragraph (1A),”;
b
omit sub-paragraph (1A);
c
omit sub-paragraph (7).
5
In Schedule 6, in Part 8 (financial relief: provision corresponding to provision made by the Domestic Proceedings and Magistrates' Courts Act 1978: supplementary), in paragraph 47 (provisions as to jurisdiction and procedure), omit—
a
sub-paragraph (1A);
b
sub-paragraph (5).
6
In Schedule 7 (financial relief in England and Wales after overseas dissolution etc. of a civil partnership), in Part 1 (financial relief) —
F19a
in paragraph 7 (jurisdiction of the court)—
i
in sub-paragraph (6), for the words from “where jurisdiction falls” to the end substitute “in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain that application or part of it except where permitted by Article 18”;
ii
in sub-paragraph (7), for the words from ““the Maintenance Regulation”” to the end substitute ““the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague”.
b
in paragraph 8 (duty of the court to consider whether England and Wales is appropriate venue for application)—
i
in sub-paragraph (2), omit “Subject to sub-paragraph (4),”;
ii
omit sub-paragraph (4);
iii
omit sub-paragraph (5).
7
In Schedule 11, in Part 2 (circumstances in which the court may entertain application for financial provision), in paragraph 2—
F20a
in sub-paragraph (1), for “sub-paragraphs (3A) and (4)” substitute “sub-paragraph (3A)”;
b
in sub-paragraph (3A), for the words from “where” to the end substitute “in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18”;
c
in sub-paragraph (5), for the words from ““the Maintenance Regulation”” to the end substitute ““the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague”.
8
In Schedule 15—
a
in Part 8 (failure to maintain: financial provision (and interim orders)), in paragraph 34—
i
for sub-paragraph (2) substitute—
2
The court must not entertain an application under this paragraph unless–
a
the applicant or the respondent is domiciled in Northern Ireland on the date of the application,
b
the applicant has been habitually resident there throughout the period of 1 year ending with that date, or
c
the respondent is resident there on that date.
F21ii
after sub-paragraph (2) insert—
2A
If the application or part of it relates to a matter to which Article 18 of the 2007 Hague Convention applies, the court must not entertain the application or that part of it except where permitted by Article 18.
iii
in sub-paragraph (5), for the words from ““the Maintenance Regulation”” to the end substitute ““the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague”;
b
in Part 12 (consent orders and maintenance agreements), in paragraph 62—
i
in sub-paragraph (1), omit “Subject to sub-paragraph (1A),”;
ii
omit sub-paragraph (1A);
iii
omit sub-paragraph (7).
9
In Schedule 17 (financial relief in Northern Ireland after overseas dissolution etc of a civil partnership), in Part 1 (financial relief)—
F22a
in paragraph 7—
i
in sub-paragraph (6), for the words from “where jurisdiction falls” to the end substitute “to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18”;
ii
in sub-paragraph (7), for the words from ““the Maintenance Regulation”” to the end substitute ““the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague”;
b
in paragraph 8—
i
in sub-paragraph (2), omit “Subject to sub-paragraph (4),”;
ii
omit sub-paragraph (4);
iii
omit sub-paragraph (5).
Amendment of the Mental Capacity Act 2005I2626
In Schedule 3 (international protection of adults) to the Mental Capacity Act 2005 M26, in paragraph 4(2) omit—
a
“either of”;
b
paragraph (b).
Amendment of the Bankruptcy and Diligence etc. (Scotland) Act 2007I2727
In section 221 (interpretation) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 M27 omit—
a
the definition of “the 2011 Regulations”;
b
in the definition of “document of debt” omit paragraph (d);
c
the definition of “the Maintenance Regulation”.
Amendment of the Legal Aid, Sentencing and Punishment of Offenders Act 2012I2828
In the Legal Aid, Sentencing and Punishment of Offenders Act 2012 M28, in Schedule 1 (civil legal services), in Part 1 (services)—
a
in paragraph 17 (EU and international agreements concerning children), in the heading, for “EU” substitute “
Transitional EU arrangements
”
;
b
in paragraph 18 (EU and international agreements concerning maintenance), in the heading, for “EU” substitute “
Transitional EU arrangements
”
.
Amendment of the Mental Capacity Act (Northern Ireland) 2016I2929
In Schedule 9 (international protection of adults) to the Mental Capacity Act (Northern Ireland) 2016 M29, in paragraph 6(1)—
a
omit “either of”;
b
omit paragraph (b).