Maintenance Act 1994

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 ;

the Rome Convention” has the meaning assigned to it by section 6 .

(2) In this Act a reference to a Part or section is to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended.

(3) In this Act a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(4) In this Act a reference to any enactment includes a reference to that enactment as amended or adapted by any other enactment including this Act.

(5) This Act is without prejudice to the provisions of the Maintenance Orders Act, 1974.

Annotations:

Amendments:

F1

Inserted (10.03.2012) by Jurisdiction of Courts and Enforcement of Judgments (Amendment) Act 2012 (7/2012), s. 2(1)(a), commenced on enactment.

F2

Substituted (1.12.1999) by Jurisdiction of Courts and Enforcement of Judgments Act 1998 (52/1998), s. 22(1), S.I. No. 353 of 1999.

F3

Inserted (1.08.1996) by Family Law Act 1995 (26/1995), s. 45(a), S.I. No. 46 of 1996.

F4

Inserted (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 53(a), commenced as per s. 1(2).

F5

Inserted (1.03.2002) by European Communities (Civil and Commercial Judgment) Regulations 2002 (S.I. No. 52 of 2002), reg. 13(1)(a), in effect as per reg. 2.

Editorial Notes:

E4

Maintenance Orders Act 1974 (16/1974), mentioned in subs. (5), repealed (18.06.2011) by European Communities (Maintenance) Regulations 2011 (S.I. No. 274 of 2011), reg. 25, in effect as per reg. 1(2).