Home | Databases | WorldLII | Search | Feedback Tuvalu Consolidated Legislation - 2008 Edition

Maintenance (Miscellaneous Provisions) Act - Maintenance Orders (Facilities for Enforcement) Rules

LAWS OF TUVALU
2008 Revised Edition

MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) RULES

CAP. 17.20.1

Arrangement of Sections

Section

1 Citation
2 Copy of order
3 Copy of a provisional order
4 Order to be entered in cause book
5 Notice of confirmation etc.
6 Payments to be made through court
7 Collection of moneys
8 Further evidence

Supporting Documents
ENDNOTES

________________

TUVALU

MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) RULES

MADE UNDER THE MAINTENANCE (MISCELLANEOUS PROVISIONS) ACT¹

1 Citation

These Rules may be cited as the Maintenance Orders (Facilities for Enforcement) Rules.

2 Copy of order

The copy of an order made by a court in England or Ireland and received by the Minister under section 11 shall be sent to a magistrate's court appropriate for the place in which the defendant is alleged to be living.

3 Copy of a provisional order

The copy of a provisional order made by a court in England or Ireland and received by the Commissioner under section 14 shall be sent with the accompanying documents to a magistrate's court appropriate for the place in which the defendant is alleged to be living with a requisition for the issue of a summons.

4 Order to be entered in cause book

The magistrate presiding over the court to which an order is sent in accordance with the preceding rules shall enter it in the records of the court on the date on which he receives it in the same manner as though the order had been made by that court, distinguishing it from other entries in such manner as he may find most convenient so as to show that it is entered in pursuance of the Act.

5 Notice of confirmation etc.

When an order provisionally made in England or Ireland has been confirmed with or without modification under section 14 or the court has decided not to confirm it, the court shall send notice thereof to the Minister for transmission to the court from which it issued.

6 Payments to be made through court

When an order has been registered under section 3 or a provisional order has been confirmed under section 14, the court shall direct that all payments due thereunder shall be made through the court.

7 Collection of moneys

The court through whom payments are directed to be made shall collect the moneys due under the orders and shall take all necessary proceedings for moneys enforcing payment as provided in section 16(2), and shall send the moneys when so collected through the Minister for transmission to the Crown Agents for Overseas Governments and Administrations to be remitted by them to the person to whom they are due.

8 Further evidence

When a provisional order made under section 13 has been remitted under subsection (4) of that section to the court for the purpose of taking further evidence, notice specifying the further evidence required and the time and place fixed for taking it shall be sent by the court to the person on whose application the provisional order was made.

___________________
ENDNOTES
1 Revised Edition 1952, p.541,
Amended by Legal Notices 16/1972, 3/1972