Maintenance Orders Reciprocal Enforcement Act · 2021 Revised Edition · Part · General
14. Obtaining of evidence
Official textFrom Attorney General's Chambers, unchanged
( 1 ) Where, for the purpose of any proceedings in a court in a reciprocating country relating to a maintenance order to which this Act applies, a request is made by or on behalf of that court for the taking in
court
"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
Brunei Darussalam of the evidence of a person residing therein relating to matters specified in the request, such court in Brunei Darussalam shall have power to take that evidence and, after giving notice of the time and place at which the evidence is to be taken to such persons and in such manner as it thinks fit, shall take the evidence in such manner as it may think fit.
Evidence taken in compliance with such a request shall be sent by the court in Brunei Darussalam to the court in the reciprocating country by which the request was made.
reciprocating country
"reciprocating country" has the meaning assigned to it by section 17;
Where any person, not being the payer or the payee under the maintenance order to which the proceedings in question relate, is required by virtue of this section to give evidence before a court in Brunei Darussalam, the court may order that there shall be paid such sums as appear to the court reasonably sufficient to compensate that person for the expense, trouble or loss of time properly incurred in or incidental to his attendance.
payer
"payer", in relation to a maintenance order, means the person liable to make payments under the order;
A court in Brunei Darussalam may for the purpose of any proceedings in that court under this Act relating to a maintenance order to which this Act applies request a court in a reciprocating country to take or provide evidence relating to such matters as may be specified in the request and may remit the case to that court for that purpose.
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;
Mainlenance Orders 20 CAP.
Reciprocal Enforcenzent
Terms defined in s 2
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;