Maintenance Orders Reciprocal Enforcement Act · 2021 Revised Edition · Part · General
16. Payment of sums under orders made abroad
Official textFrom Attorney General's Chambers, unchanged
Payments of sums due under a registered order shall, while the order is registered in a court in Brunei Darussalam, be made in such manner and to such person as the court may order.
registered order
"registered order" means a maintenance order which is for the time being registered in a court in Brunei Darussalam under this Act;
Where the sums required to be paid under a registered order are expressed in a currency other than the currency of Brunei Darussalam, the order shall be treated as if it were an order requiring the payment of such sums in the currency of Brunei Darussalam as, on the basis of the rate of exchange prevailing at the relevant date, are equivalent to the sums so required to be paid.
Where the sum specified in any statement, being a statement of the amount due under a maintenance order made by a court in a reciprocating country, is expressed in a currency other than the currency of Brunei
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;
Darussalam, that sum is deemed to be such sum in the currency of Brunei
Darussalam as, on the basis of the rate of exchange prevailing at the relevant date, is equivalent to the sum so specified.
For the purposes of this section, a written certificate purporting to be signed by an officer of any bank in Brunei Darussalam certifying that -
a specified rate of exchange prevailed between currencies at a specified date; and
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at such rate a specified sum in the currency of Brunei
Darussalam is equivalent to a specified sum in another specified currency, shall be evidence of the rate of exchange so prevailing on that date and of the equivalent sums in terms of the respective currencies.
In this section, "relevant date" means -
in relation to a registered order or to a statement of arrears due under a maintenance order made by a court in a reciprocating country, the date on which the order first becomes a registered order or (if earlier) the date on which it is confirmed by a court in Brunei
Darussalam; and
in relation to a registered order which has been varied, the date on which the last order varying that order is registered in a court 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 or (if earlier) the date on which the last order varying that order is confirmed by such a court.
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;
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;