Maintenance Act 1994

Interpretation of Part III .

13

13. (1) In this Part, unless the context otherwise requires—

central authority of a designated jurisdiction” means—

( a) a transmitting agency or receiving agency in a state which is a contracting party to the New York Convention, or

( b) an authority of a designated jurisdiction with functions corresponding to those exercisable by the Central Authority within the State;

claimant” means, according to the context, either—

( a) a person residing in a designated jurisdiction (including any body which under the law of that jurisdiction is entitled to exercise the rights of redress of, or to represent, that person) and claiming pursuant to this Part to be entitled to receive maintenance from a person residing in the State, or

( b) a person residing in the State (including a competent authority within the meaning of Part IX (Liability to Maintain Family) of the Social Welfare (Consolidation) Act, 1993) and claiming pursuant to this Part to be entitled to recover maintenance from a person residing in a designated jurisdiction;

designated jurisdiction” means—

( a) any state which is a contracting party to the New York Convention, or

( b) any other state or jurisdiction which is declared by order of the Minister for Foreign Affairs to be a designated jurisdiction for the purposes of this Part;

the New York Convention” means the Convention on the recovery abroad of maintenance done at New York on the 20th day of June, 1956, the text of which in the English language is set out, for convenience of reference, in the Second Schedule to this Act;

respondent” means, according to the context, either—

( a) a person residing in the State from whom maintenance is sought to be recovered pursuant to this Part by a person residing in a designated jurisdiction, or

( b) a person residing in a designated jurisdiction from whom maintenance is sought to be recovered pursuant to this Part by a person residing in the State.

(2) ( a) The Minister for Foreign Affairs may by order declare that any state or jurisdiction specified in the order is a designated jurisdiction.

( b) An order that is in force under this subsection shall be evidence that any state or jurisdiction specified in the order is a designated jurisdiction.

( c) The Minister for Foreign Affairs may by order amend or revoke an order under this subsection.

(3) Subject to subsection (1), a word or expression in this Part which is used in the New York Convention has the same meaning as it has in that Convention.

Annotations:

Editorial Notes:

E18

Power pursuant to subs. (2) exercised (1.11.1997) by Maintenance Act 1994 (Section 13(2)) (Declaration) Order 1997 (S.I. No. 460 of 1997), in effect as per art. 3.

E19

Power pursuant to subs. (2) exercised (10.09.1997) by Maintenance Act 1994 (Designated Jurisdictions) (United States of America) Order 1997 (S.I. No. 459 of 1997), in effect as per art. 2.

E20

Previous affecting provision: power pursuant to subs. (2) exercised (1.05.1996) by Maintenance Act 1994 (Designated Jurisdictions) (United States of America) Order 1996 (S.I. No. 118 of 1996); subsequently revoked (10.09.1997) by Maintenance Act 1994 (Designated Jurisdictions) (United States of America) Order 1997 (S.I. No. 459 of 1997), art. 4.