This Order may be cited as the Reciprocal Enforcement of Maintenance Orders (Variation) Order 2001 and shall come into force on 1st April 2001.

The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993, the Reciprocal Enforcement of Maintenance Orders (Republic of Ireland) Order 1993 and the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995 are amended in accordance with the provisions of the Schedule to this Order.

A K Galloway

Clerk of the Privy Council

The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993

In section 8 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 as set out in Schedule 3 to the above-mentioned order—

(i)    in subsection (3) for the word “clerk” substitute the words “appropriate officer” and after that subsection insert:

“(3A)    In subsection (3) above “appropriate officer” means—

(a)    in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and

(b)    in relation to a court elsewhere, the clerk of the court.”; and

(ii)    in subsection (4A), in the subsection to be regarded as substituted as subsection (5) of that section, for the words—

(a)    “the clerk of the court or the clerk of any other magistrates' court”, and

(b)    “the clerk of the court, or to the clerk of any other magistrates' court,”,

substitute the words “a justices' chief executive”.

In section 9 of the said Act of 1972 as so set out, in subsection (1ZA)—

(i)    in the subsection to be regarded as inserted as subsection (3A) of that section, for the words—

(a)    “the clerk of the court or the clerk of any other magistrates' court”, and

(b)    “the clerk of the court, or to the clerk of any other magistrates' court,”; and

(ii)    in the subsection to be regarded as substituted for subsection (4)(b) of that section for the words “the clerk of the court, or to the clerk of any other magistrates' court”, substitute the words “a justices' chief executive”.

The Reciprocal Enforcement of Maintenance Orders (Republic of Ireland) Order 1993

In section 8 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 as set out in Schedule 2 to the above-mentioned order—

(i)    in subsection (3) for the word “clerk” substitute the words “appropriate officer” and after that subsection insert:

“(3A)    In subsection (3) above “appropriate officer” means—

(a)    in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and

(b)    in relation to a magistrates' court elsewhere, the clerk of the court.”; and

(ii)    in subsection (4A), in the subsection to be regarded as substituted as subsection (5) of that section, for the words—

(a)    “the clerk of the court or the clerk of any other magistrates' court”, and

(b)    “the clerk of the court, or to the clerk of any other magistrates' court,”,

substitute the words “a justices' chief executive”.

The Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995

In section 8 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 as set out in Schedule 3 to the above-mentioned order—

(i)    in subsection (3) for the word “clerk” substitute the words “appropriate officer” and after that subsection insert:

“(3A)    In subsection (3) above “appropriate officer” means—

(a)    in relation to a magistrates' court in England and Wales, the justices' chief executive for the court; and

(b)    in relation to a court elsewhere, the clerk of the court.”; and

(ii)    in subsection (4A), in the subsection to be regarded as substituted as subsection (5) of that section, for the words—

(a)    “the clerk of the court or the clerk of any other magistrates' court”, and

(b)    “the clerk of the court, or to the clerk of any other magistrates' court,”,

substitute the words “a justices' chief executive”.

In section 9 of the said Act of 1972 as so set out, in subsection (1ZA)—

(i)    in the subsection to be regarded as inserted as subsection (3A) of that section, for the words—

(a)    “the clerk of the court or the clerk of any other magistrates' court”, and

(b)    “the clerk of the court, or to the clerk of any other magistrates' court,”; and

(ii)    in the subsection to be regarded as substituted for subsection (4)(b) of that section for the words “the clerk of the court, or to the clerk of any other magistrates' court,”,

substitute the words “a justices' chief executive”.

This Order amends the following Orders:

The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993

The Reciprocal Enforcement of Maintenance Orders (Republic of Ireland) Order 1993

The Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995

The amendments correspond to the amendments to the Maintenance Orders (Reciprocal Enforcement) Act 1972 effected by Schedule 13 to the Access to Justice Act 1999, which implement the transfer of various administrative functions of justices' clerks to justices' chief executives.