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28 1994

MAINTENANCE ACT, 1994

PART I

Preliminary

Short title.

1. —This Act may be cited as the Maintenance Act, 1994.

Commencement.

2. —This Act shall come into operation on such day or days as the Minister shall fix by order or orders either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.

Interpretation.

3. —(1) In this Act, unless the context otherwise requires—

the Act of 1976” means the Family Law (Maintenance of Spouses and Children) Act, 1976 ;

the Act of 1988” means the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 ;

the Act of 1993” means the Jurisdiction of Courts and Enforcement of Judgments Act, 1993 ;

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 .

Central Authority.

4. —(1) (a) The Minister may by order appoint a Central Authority (“the Central Authority”) to discharge the functions required of it under this Act or required of a central authority under the Rome Convention or of a transmitting agency or receiving agency under the New York Convention.

(b) Pending the appointment of a Central Authority the Minister shall discharge its functions, and references in this Act to the Central Authority shall be construed accordingly as references to the Minister.

(c) The Minister may by order amend or revoke an order made under this section.

(2) (a) For the purposes of section 8 of the Enforcement of Court Orders Act, 1940 , of the Acts of 1976, 1988 and 1993 (as amended by this Act) and of this Act the Central Authority shall have authority to act on behalf of, as the case may be, a maintenance creditor or claimant, within the meaning of section 13 (1), and references in those enactments to a maintenance creditor or claimant shall be construed as including references to the Central Authority.

(b) Where the Central Authority so acts, payments of maintenance shall be made directly to the maintenance creditor or claimant unless the Central Authority requests that they be made to a public authority in the jurisdiction where the maintanance creditor or claimant resides.