HL Deb 29 June 1982 vol 432 cc181-2

27 Clause 46, page 30, line 29, leave out subsection (3) and insert— (3) Without prejudice to the generality of subsections (1) and (2), the power to make rules of court for magistrates' courts, and in Northern Ireland the power to make Judgment Enforcement Rules, shall include power to make such provision as the rule-making authority considers necessary or expedient for the purposes of the provisions of the Conventions and this Act relating to maintenance proceedings and the recognition and enforcement of maintenance orders, and shall in particular include power to make provision as to any of the following matters—

  1. (a) authorising the service in another Contracting State of process issued by or for the purposes of a magistrates' court and the service and execution in England and Wales or Northern Ireland of process issued in another Contracting State;
  2. (b) requesting courts in other parts of the United Kingdom or in other Contracting States to take evidence there for the purposes of proceedings in England and Wales or Northern Ireland;
  3. (c) the taking of evidence in England and Wales or Northern Ireland in response to similar requests received from such courts;
  4. (d) the circumstances in which and the conditions subject to which any powers conferred under paragraphs (a) to (c) are to he exercised;
  5. (e) the admission in evidence, subject to such conditions as may be prescribed in the rules, of statements contained in documents purporting to be made or authenticated by a court in another part of the United Kingdom or in another Contracting State, or by a judge or official of such a court, which purport —
    1. (i) to set out or summarise evidence given in proceedings in that court or to be documents received in evidence in such proceedings or copies of such documents; or
    2. (ii) to set out or summarise evidence taken for the purposes of proceedings in England and Wales or Northern Ireland, whether or not in response to any such request as is mentioned in paragraph (b); or
    3. (iii) to record information relating to the payments made under an order of that court;
  6. (f) the circumstances and manner in which a magistrates' court may or must vary or revoke a maintenance order registered in that court, cancel the registration of, or refrain from enforcing, such an order or transmit such an order for enforcement in another part of the United Kingdom;
  7. (g) the cases and manner in which courts in other parts of the United Kingdom or in other Contracting States are to be informed of orders made, or other things done, by or for the purposes of a magistrates' court;
  8. (h) the circumstances and manner in which a magistrates' court may communicate for other purposes with such courts;
  9. (i) the giving of notice of such matters as may be prescribed in the rules to such persons as may be so prescribed and the manner in which such notice is to be given."

The Lord Chancellor

My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 27. The purpose of this amendment, which stands by itself, is to expand the rule-making power for magistrates' courts in England and Wales and Northern Ireland. At present the rule-making power in Clause 48(3) only provides for rules to be made which relate to the recognition and enforcement of maintenance orders. However, rules will also be necessary to supplement the provisions of the convention and the Bill which for the first time gives magistrates' courts jurisdiction in maintenance proceedings against a defendant abroad in another contracting state. In addition to widening the power to take in rules necessary for such proceedings, the amendment also spells out the kinds of rule which may be required. I beg to move.

Moved, that this House doth agree with the Commons in the said amendment.—(The Lord Chancellor.)

On Question, Motion agreed to.