Maintenance Orders Reciprocal Enforcement Act · 2021 Revised Edition · Part · Orders Made by Courts in Reciprocating Countries
8. Enforcement of maintenance order
Official textFrom Attorney General's Chambers, unchanged
A registered order may be enforced in Brunei Darussalam as if it had been made by the registering court and as if that court had jurisdiction to make it; and proceedings for or with respect to the enforcement of any such order may be taken accordingly.
registered order
"registered order" means a maintenance order which is for the time being registered in a court in Brunei Darussalam under this Act;
Any person for the time being under an obligation to make payments in pursuance of a registered order shall give notice of any change of address to the registering court.
registering court
"registering court", in relation to a registered order, means the court in which that order is for the time being registered under this Act; Maintenance Orders Reciprocul Enforcement…
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Any person failing without reasonable excuse to give a notice under subsection (2) is guilty of an offence and liable on conviction to a fine not exceeding $5,000.
Maintenance Orders 14 CAP.
Reciprocal Enforcement
The court by which an order is enforceable by virtue of this section shall take all necessary steps for enforcing the order.
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
In any proceedings for the enforcement of an order which is for the time being registered in any court under this Act, a certificate of arrears sent to the court shall be evidence of the facts stated therein.
certificate of arrears
"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;
Subject to subsection (7). sums of money payable under a registered order shall be payable in accordance with the order as from the date on which the order was made.
The court having power under section 7 to confirm a provisional order may, if it decides to confirm the order, direct that the sums of money payable under the order is deemed to have been payable in accordance with the order as from such date, being a date later than the date on which the order was made, as it may specify.
provisional order
"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;
Subject to any direction under subsection (7), a maintenance order registered under section 7 shall be treated as if it had been made in the form in which it was confirmed and as if it had never been a provisional order.
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;
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;
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;
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;
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;
registering court
Defined · s 2"registering court", in relation to a registered order, means the court in which that order is for the time being registered under this Act; Maintenance Orders Reciprocul Enforcement…
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