Maintenance Orders Reciprocal Enforcement Act · 2021 Revised Edition · Part · Orders Made by Courts in Reciprocating Countries
6. Registration in Brunei Darussalam
Official textFrom Attorney General's Chambers, unchanged
This section applies to a maintenance order made, whether before or after the commencement of the Act, by a court in a reciprocating country, including such an order made by such a court which has been confirmed by a court in another reciprocating country but excluding a provisional order which has not been confirmed.
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;
Where a certified copy of an order to which this section applies is received by the Attorney General from the responsible authority in a reciprocating country, and it appears to the Attorney General that the payer
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;
Maintenance Orders 12 CAP.
Reciprocal Enforcement under the order is residing in Brunei Darussalam, he shall send the copy of the order to the appropriate court.
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
Where the appropriate court receives from the Attorney General a certified copy of an order to which this section applies, it shall, subject to subsection (4), register the order in the prescribed manner in that court.
Before registering an order under this section, the court shall take such steps as it thinks fit for the purpose of ascertaining whether the payer under the order is residing within the jurisdiction of the court, and if after taking those steps it is satisfied that the payer is not so residing, it shall return the certified copy of the order to the Attorney General with a statement giving such information as it possesses as to the whereabouts of the payer.
payer
"payer", in relation to a maintenance order, means the person liable to make payments under the order;
Terms defined in s 2
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;
provisional order
Defined · s 2"provisional order" means (according to the context) - (a) an order made by a court in Brunei Darussalam which is provisional only and has no effect unless confirmed, with or without alteration, by a competent court in a reciprocating country; or (b) an order made by a court in a reciprocating country which is provisional only and has no effect unless confirmed, with or without alteration, by a court in Brunei Darussalam having power under this Act to confirm it;
reciprocating country
Defined · s 2"reciprocating country" has the meaning assigned to it by section 17;
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.
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