Jurisdiction of Courts and Enforcement of Judgments Act, 1998.
|
Amendment of Act of 1994. |
22.—(1) Section 3 (1) of the Act of 1994 is hereby amended by the substitution of the following definition for the definitions of “the Act of 1988” and “the Act of 1993”: | |
“‘the Act of 1998’ means the Jurisdiction of Courts and Enforcement of Judgments Act, 1998;”. | ||
(2) Section 4 (2) of the Act of 1994 (as amended by section 45 (b) of the Family Law Act, 1995 , and section 53 (b) of the Family Law (Divorce) Act, 1996 ) is hereby amended by the substitution of the following paragraph for paragraph (a): | ||
“(a) For the purposes of section 8 of the Enforcement of Court Orders Act, 1940 , the Act of 1976, the Act of 1995, the Act of 1996, the Act of 1998 and this Act, the Central Authority shall have authority to act on behalf of a maintenance creditor or of a claimant, as defined in section 13 (1), and references in those enactments to a maintenance creditor or to such a claimant shall be construed as including references to the Central Authority.”. | ||
(3) Section 5 of the Act of 1994 is hereby amended by the substitution of “Jurisdiction of Courts and Enforcement of Judgments Act, 1998” for “Jurisdiction of Courts and Enforcement of Judgments Acts, 1988 and 1993”. | ||
(4) Section 6 of the Act of 1994 is hereby amended— | ||
(a) in subsection (1) by the substitution of the following definitions for the definitions of “the Brussels Convention”, and “the Lugano Convention” respectively: | ||
“‘the Brussels Convention’ means— | ||
(a) the 1968 Convention, and | ||
(b) the Accession Conventions, | ||
as defined in the Act of 1998, and a reference to an Article of the Brussels Convention shall be construed as including a reference to the corresponding Article of the Lugano Convention;”, | ||
“‘the Lugano Convention’ has the meaning assigned to it by the Act of 1998;”, | ||
(b) in subsection (1) in the definition of “reciprocating jurisdiction”, by the substitution of “the Act of 1998” for “the Acts of 1988 and 1993”, and | ||
(c) in subsection (2)(a), by the substitution of “the Act of 1998” for “the Acts of 1988 and 1993”. | ||
(5) Section 7 (1) of the Act of 1994 is hereby amended by the substitution of “in accordance with section 7 of the Act of 1998” for “in accordance with section 5 of the Act of 1988”. | ||
(6) Section 14 of the Act of 1994 is hereby amended— | ||
(a) in subsection (1), by the substitution of the following for paragraph (a): | ||
“(a) if the request is accompanied by an order of a court in a Contracting State (as defined in the Act of 1998), transmit the request to the Master of the High Court for determination in accordance with section 7 of the Act of 1998 and Part II of this Act, and the other provisions of the Act of 1998 shall apply accordingly, with any necessary modifications,”, | ||
(b) in subsection (2), by the substitution of the following for paragraphs (a) and (b): | ||
“(a) the order of the District Court shall be deemed to be an enforceable maintenance order as defined in the Act of 1998, and | ||
(b) sections 8, 9 and 10 of that Act shall apply in relation to that order, with any necessary modifications.”, | ||
and | ||
(c) by the insertion of the following subsection after subsection (9): | ||
“(9A) In subsections (1) (a) and (9) a reference to an order of, or made by, a court shall be construed as including a reference to— | ||
(a) an instrument or settlement within the meaning of the Brussels Convention as defined in Part II, and | ||
(b) an arrangement relating to maintenance obligations concluded with or authenticated by an administrative authority, as referred to in Article 10 of the 1996 Accession Convention as defined in section 2 of the Act of 1998.”. | ||
(7) Section 20 (1) of the Act of 1994 is hereby amended by the substitution of “the Act of 1998” for “the Act of 1988”. |