Maintenance Act, 1994

• Jurisdiction: Ireland
• Citation: IR No. 28/1994

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Number 28 of 1994

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MAINTENANCE ACT 1994

REVISED

Updated to 28 May 2019

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This Revised Act is an administrative consolidation of the Maintenance Act 1994. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Greyhound Racing Act 2019 (15/2019), enacted 28 May 2019, and all statutory instruments up to and including European Communities (Sheep Identification) (Amendment) Regulations 2019 (S.I. No. 243 of 2019), made 28 May 2019, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

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Number 28 of 1994

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MAINTENANCE ACT 1994

REVISED

Updated to 28 May 2019

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Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Mediation Act 2017 (27/2017)

• Jurisdiction of Courts and Enforcement of Judgments (Amendment) Act 2012 (7/2012)

• Civil Law (Miscellaneous Provisions) Act 2008 (14/2008)

• Civil Liability and Courts Act 2004 (31/2004)

• Jurisdiction of Courts and Enforcement of Judgments Act 1998 (52/1998)

• Family Law (Divorce) Act 1996 (33/1996)

• Civil Legal Aid Act 1995 (32/1995)

• Family Law Act (26/1995)

All Acts up to and including Greyhound Racing Act 2019 (15/2019), enacted 28 May 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• European Communities (Maintenance) Regulations 2011 (S.I. No. 274 of 2011)

• Civil Liability and Courts Act 2004 (Section 40(4)) Order 2005 (S.I. No. 338 of 2005)

• European Communities (Civil and Commercial Judgment) Regulations 2002 (S.I. No. 52 of 2002)

• Maintenance Act 1994 (Section 13(2)) (Declaration) Order 1997 (S.I. No. 460 of 1997)

• Maintenance Act 1994 (Designated Jurisdictions) (United States of America) Order 1997 (S.I. No. 459 of 1997)

• Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions) Order 1997 (S.I. No. 297 of 1997)

• Maintenance Act 1994 (Designated Jurisdictions) (United States of America) Order 1996 (S.I. No. 118 of 1996)

• Maintenance Act 1994 (Commencement) Order 1995 (S.I. No. 288 of 1995)

All statutory instruments up to and including European Communities (Sheep Identification) (Amendment) Regulations 2019 (S.I. No. 243 of 2019), made 28 May 2019, were considered in the preparation of this revision.

Number 28 of 1994

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MAINTENANCE ACT 1994

REVISED

Updated to 28 May 2019

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ARRANGEMENT OF SECTIONS

PART I

Preliminary

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Number 28 of 1994

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MAINTENANCE ACT 1994

REVISED

Updated to 28 May 2019

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AN ACT TO ENABLE EFFECT TO BE GIVEN TO THE CONVENTION BETWEEN THE MEMBER STATES OF THE EUROPEAN COMMUNITIES ON THE SIMPLIFICATION OF PROCEDURES FOR THE RECOVERY OF MAINTENANCE PAYMENTS DONE AT ROME ON THE 6TH DAY OF NOVEMBER, 1990, AND THE CONVENTION ON THE RECOVERY ABROAD OF MAINTENANCE DONE AT NEW YORK ON THE 20TH DAY OF JUNE, 1956, AND TO PROVIDE FOR OTHER MATTERS RELATED TO THE RECOVERY OF MAINTENANCE. [23rd November, 1994]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1

Application of Act restricted (18.06.2011) by European Communities (Maintenance) Regulations 2011 (S.I. No. 274 of 2011), reg. 22.

Application of Act of 1994 (Co-operation between Central Authorities)

22. (1) The Maintenance Act 1994 shall cease to apply in relation to the State and Member States for the purposes of Chapter VII of the Maintenance Regulation with effect from 18 June 2011.

(2) The Act of 1994 applies to Denmark, except where a request for the recovery of maintenance is received under section 14 of that Act from the Central Authority of Denmark, the Central Authority shall transmit that request to the Master of the High Court for determination under Regulation 9.

C2

Functions transferred and references to “Department of Equality and Law Reform” and “Minister for Equality and Law Reform” construed (8.07.1997) by Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions) Order 1997 (S.I. No. 297 of 1997), arts. 3, 4 and sch., in effect as per art. 1(2).

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Justice.

(2) References to the Department of Equality and Law Reform contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Justice.

4. (1) The functions vested in the Minister for Equality and Law Reform

( a ) by or under any of the Acts mentioned in the Schedule to this Order, and

( b ) by virtue of the Justice (Transfer of Departmental Administration and Ministerial Functions) Order, 1993 (S.I. No. 34 of 1993).

are hereby transferred to the Minister for Justice.

(2) References to the Minister for Equality and Law Reform contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Justice.

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SCHEDULE

Acts, functions under which are transferred from the Minister for Equality and Law Reform to the Minister for Justice.

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Maintenance Act, 1994 (No. 28 of 1994)

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Editorial Notes:

E1

Proceedings under Act included in definition of “family law proceedings” (1.01.2018) by Mediation Act 2017 (27/2017), s. 2(1), S.I. No. 591 of 2017.

E2

Obligation imposed on Legal Aid Board to grant a legal aid certificate to a person where the Central Authority is obliged to provide assistance to the person under Act (16.12.1995) by Civil Legal Aid Act 1995 (32/1995), s. 28(5)(c), commenced on enactment.

PART I

Preliminary

Short title.

1

1.—This Act may be cited as the Maintenance Act, 1994.

Commencement.

2

2.—This Act shall come into operation on such day or days as the Minister shall fix by order or orders either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.

Annotations

Editorial Notes:

E3

Power pursuant to section exercised (25.11.1995) by Maintenance Act 1994 (Commencement) Order 1995 (S.I. No. 288 of 1995).

2. The 25th day of November, 1995, is fixed as the day on which the Maintenance Act, 1994 (No. 28 of 1994), shall come into operation.

Interpretation.

3

3.—(1) In this Act, unless the context otherwise requires—

F1[ ‘the 2007 Lugano Convention’ means the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters and the Protocols and Annexes thereto signed at Lugano on 30 October 2007; ]

“the Act of 1976” means the Family Law (Maintenance of Spouses and Children) Act, 1976;

F2[‘the Act of 1998’ means the Jurisdiction of Courts and Enforcement of Judgments Act, 1998;]

F3[‘the Act of 1995’ means the Family Law Act, 1995;]

F4[‘the Act of 1996’ means the Family Law (Divorce) Act, 1996;]

F5[ ‘the Brussels I Regulation’ means Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;]

“the Central Authority” has the meaning assigned to it by section 4;

“court”, in relation to a jurisdiction other than the State, means any authority competent under the law of that jurisdiction to make an order for the recovery of maintenance;

“designated jurisdiction” has the meaning assigned to it by section 13;

“the Minister” means the Minister for Equality and Law Reform;

“the New York Convention” has the meaning assigned to it by section 13;

“reciprocating jurisdiction” has the meaning assigned to it by section 6;

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