Jurisdiction of Courts and Enforcement of Judgments Act, 1998.
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PART III The Lugano Convention | ||
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Interpretation of this Part. |
17.—(1) For the purposes of this Part, unless the context otherwise requires— | |
“Contracting State” means a state respecting which the Lugano Convention has entered into force in accordance with Article 61 or 62 of that Convention; | ||
“enforceable maintenance order” means— | ||
(a) a maintenance order respecting all of which an enforcement order has been made, or | ||
(b) if an enforcement order has been made respecting only part of a maintenance order, the maintenance order to the extent to which it is so ordered to be enforced; | ||
“enforcement order” means an order for the recognition or enforcement of all or part of a judgment where the order— | ||
(a) is made by the Master of the High Court under section 7 as applied by this section, or | ||
(b) is made or varied on appeal from a decision of the Master of the High Court under section 7 as applied by this Part or from a decision of the High Court relating to the Master’s decision; | ||
“judgment” means a judgment or order (by whatever name called) that is a judgment for the purposes of the Lugano Convention, and, except in sections 10 , 12 and 14 as applied by this Part, includes an instrument or settlement referred to in Title IV of that Convention; | ||
“maintenance” means maintenance within the meaning of the Lugano Convention; | ||
“maintenance creditor” means, in relation to a maintenance order, the person entitled to the payments for which the order provides; | ||
“maintenance debtor” means, in relation to a maintenance order, the person liable to make payments under the order; | ||
“maintenance order” means a judgment relating to maintenance. | ||
(2) The Minister for Foreign Affairs may, by order, declare— | ||
(a) that any state specified in the order is a Contracting State, or | ||
(b) that— | ||
(i) a denunciation has been made pursuant to Article 64 of the Lugano Convention, | ||
(ii) a declaration has been made pursuant to Article Ia, Ib, or IV of Protocol 1, or | ||
(iii) a communication has been made pursuant to Article 63 of the Lugano Convention or Article VI of Protocol 1. | ||
(3) The text of a denunciation, declaration or communication referred to in subsection (2)(b) shall be set out in the order declaring that the denunciation, declaration or communication has been made. | ||
(4) An order that is in force under subsection (2) shall be— | ||
(a) if made under subsection (2)(a), evidence that any state to which the declaration relates is a Contracting State, and | ||
(b) if made under subsection (2)(b), evidence that the denunciation, declaration or communication, the text of which is set out in the order, was made and evidence of its contents. | ||
(5) The Minister for Foreign Affairs may, by order, amend or revoke an order made under subsection (2) or this subsection. | ||
(6) The definition of “judgment” in subsection (1) shall not be construed to limit the effect of Article 54b of the Lugano Convention. |