Courts (No. 2) Act, 1986

Amendment of Enforcement of Court Orders Act, 1940.

3.—(1) In this section “the Act of 1940” means the Enforcement of Court Orders Act, 1940 .

(2) The Act of 1940 is hereby amended by the substitution of the following section for section 3:

“3.—An application under section 15 of the Enforcement of Court Orders Act, 1926 (as amended by the Courts (No. 2) Act, 1986) may be made at any time not more than six years after the date of the judgment, order or decree in relation to which the application is made.”.

(3) The Act of 1940 is hereby amended by the substitution of the following subsection for subsection (1) of section 4:

“(1) An instalment order shall continue in force until the expiration of twelve years from the date of the relevant judgment, order or decree.”.

(4) The Act of 1940 is hereby amended by the insertion of the following subsection after subsection (3) of section 5:

“(4) An order under this section varying an instalment order shall not so operate as to make the instalment order enforceable after the expiration of twelve years from the date of the relevant judgment, order or decree”.

(5) The references in subsections (1) and (7) of section 8 of the Act of 1940 (as amended) to an order shall include a reference to—

(a) any order as to costs that is made in conjunction with the order primarily referred to, and

(b) any order as to costs made by a court in a reciprocating jurisdiction within the meaning of the Maintenance Orders Act, 1974, and made by such a court in connection with an order that has become an enforceable maintenance order under that Act.