European Communities (Maintenance) (Amendment) Regulations 2011

JurisdictionIreland
CitationIR SI 612/2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd December, 2011.

I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Council Regulation (EC) 4/20091 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations make the following Regulations:

Citation

1. These Regulations may be cited as the European Communities (Maintenance) (Amendment) Regulations 2011.

Definition

2. In these Regulations “Principal Regulations” means the European Communities (Maintenance) Regulations 2011 ( S.I. No. 274 of 2011 ).

Amendment of Regulation 2 of the Principal Regulations

3. Regulation 2 of the Principal Regulations is amended by the insertion after the definition of “Member State” of the following:

“Member State bound by the 2007 Hague Protocol” means a Member State of the European Union other than the State, the United Kingdom or Denmark.

Amendment of Regulation 7 of the Principal Regulations

4. Regulation 7 of the Principal Regulations is amended by the insertion of “or Denmark” after “Member State”.

Amendment of Regulation 8 of the Principal Regulations

5. The Principal Regulations are amended by the substitution of the following for Regulation 8:

“Enforcement of decisions given in Member States bound by the 2007 Hague Protocol

8. (1) A decision given in a Member State bound by the 2007 Hague Protocol shall be of the same force and effect as a judgment or decree of the District Court, and may be enforced, and proceedings taken on it, as if it were a judgment or decree of that Court.

(2) Paragraph (1) applies even though an amount payable under the decision exceeds the maximum amount the District Court has jurisdiction to award under an enactment referred to in the Act of 1976.

(3) A decision to which paragraph (1) applies shall be deemed to be an antecedent order within the meaning of the Act of 1976.

(4) Subject to paragraph (5), and notwithstanding anything to the contrary in the decision, paragraphs (7), (8), (11), (13), (14), (15) and (16) of Regulation 10 shall apply, with any necessary modifications, in relation to that decision.

(5) This Regulation is without prejudice to the right of a maintenance creditor to request that any sums payable on foot of a maintenance order be paid directly to him or her.”.

Amendment of Regulation 9 of the Principal Regulations

6. Regulation 9 of the Principal Regulations is amended by the substitution of the following for paragraph (2)—

“(2) The Master of the High Court shall determine, in private, an application referred to in paragraph (1) in accordance with the Maintenance Regulation.”.

Amendment of Regulation 10 of the Principal Regulations

7. Regulation 10 of the Principal Regulations is amended—

(a) by the substitution of the...

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