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2002 No. 2838

MAINTENANCE OF DEPENDANTS

The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) (Variation) Order 2002

  Made 20th November 2002 
  Laid before Parliament 2nd December 2002 
  Coming into force 15th January 2003 

At the Court at Buckingham Palace, the 20th day of November 2002

Present,

The Queen's Most Excellent Majesty in Council

Whereas Her Majesty is satisfied that arrangements have been made in Australia to ensure that maintenance orders made by courts in the United Kingdom can be enforced there:

     And whereas Her Majesty is satisfied that in the interest of reciprocity it is desirable to ensure that maintenance orders made by courts in that country can be enforced in the United Kingdom:

     Now, therefore, Her Majesty, in exercise of the powers conferred on Her by sections 40 and 45(1) of the Maintenance Orders (Reciprocal Enforcement) Act 1972[1], is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

     1. This Order may be cited as the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) (Variation) Order 2002 and shall come into force on 15th January 2003.

     2. Schedule 1 to the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993[2] shall be varied by inserting, before the word "Denmark", the word "Australia".


A. K. Galloway
Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)


The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993 provides for the implementation in the United Kingdom of the Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations concluded in The Hague on 2nd October 1973. Australia, in accordance with Article 31 of the Convention, has deposited its instrument of accession to the Convention.

This Order varies Schedule 1 to the 1993 Order by adding Australia to the list of Hague Convention countries to which that Order applies.

Notes:

 [1] 1972 c. 18; section 40 was amended by the Civil Jurisdiction and Judgments Act 1982 (c. 27), Schedules 11 and 14.back

[2] S.I. 1993/593; the relevant amending instruments are S.I. 1994/1902, 1999/1318 and 2001/2567.back


ISBN 0 11 043056 5


  Prepared 2 December 2002

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