Maintenance Orders Reciprocal Enforcement Act · 2021 Revised Edition · Part · Orders Made by Courts in Reciprocating Countries
Section 11
Official textFrom Attorney General's Chambers, unchanged
Where payer is not residing in Brunei Darussalam
payer
"payer", in relation to a maintenance order, means the person liable to make payments under the order;
If it appears to the Attorney General that the payer under a maintenance order, a certified copy of which has been received by him from a reciprocating country, is not residing in Brunei Darussalarn or, in the case of an order which subsequently became a registered order, has ceased to reside therein, he shall send to the responsible authority in that country -
maintenance order
"maintenance order" means an order (however described) of the following descriptions - (a) an order (including an affiliation order or order consequent upon an affiliation order) which provides for the periodical payment of sums of money towards the maintenance of any person, being a person to whom the person liable to make payments under the order is, according to the law applied in the place where the order was made, liable to maintain; and (b) an affiliation order or order consequent upon an affiliation order, being an order which provides for the payment by a person adjudged, found or declared to be a child's father of expenses incidental to the child's birth or. where the child had died, of his funeral expenses, and in the case of a maintenance order which has been varied, means that order as varied;
the certified copy of the order in question and a certified copy of any order varying that order;
certified copy
"certified copy", in relation to an order of court, means a copy of the order certified by the proper officer of the court to be a true copy;
if the order has at any time been a registered order, a certificate of arrears signed by the court;
registered order
"registered order" means a maintenance order which is for the time being registered in a court in Brunei Darussalam under this Act;
a statement giving such information as the Attorney General possesses as to the whereabouts of the payer; and
(4 any other relevant documents in his possession relating to the case.
Terms defined in s 2
certificate of arrears
Defined · s 2"certificate of arrears", in relation to a maintenance order, means a certificate certifying that the sum specified in the certificate is to the information or belief of the officer giving the certificate the amount of the arrears due under the order at the date of the certificate;
certified copy
Defined · s 2"certified copy", in relation to an order of court, means a copy of the order certified by the proper officer of the court to be a true copy;
court
Defined · s 2"court" includes any tribunal or person having power to make, confirm, enforce, vary or revoke a maintenance order; B. L. R.O. 1;2021 Maintenance Orders 6 Reciprocal Enforcemen1
maintenance order
Defined · s 2"maintenance order" means an order (however described) of the following descriptions - (a) an order (including an affiliation order or order consequent upon an affiliation order) which provides for the periodical payment of sums of money towards the maintenance of any person, being a person to whom the person liable to make payments under the order is, according to the law applied in the place where the order was made, liable to maintain; and (b) an affiliation order or order consequent upon an affiliation order, being an order which provides for the payment by a person adjudged, found or declared to be a child's father of expenses incidental to the child's birth or. where the child had died, of his funeral expenses, and in the case of a maintenance order which has been varied, means that order as varied;
payer
Defined · s 2"payer", in relation to a maintenance order, means the person liable to make payments under the order;
reciprocating country
Defined · s 2"reciprocating country" has the meaning assigned to it by section 17;
registered order
Defined · s 2"registered order" means a maintenance order which is for the time being registered in a court in Brunei Darussalam under this Act;
responsible authority
Defined · s 2"responsible authority", in relation to a reciprocating country, means any person who in that country has functions similar to those of the Attorney General under this Act.
Part