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Cap. 48 · cap/48 (Cap. 48)

Cap. 48 Art. 2Interpretation. in other parts of Her Majesty’s Dominions.

In KraftAmtlicher Text

For the purposes of this Ordinance -

(a) the expression "certified copy" in relation to an order of a court means a copy of the order certified by the proper officer of the court to be a true copy;

(b) the expression "dependants" means such persons as that person is, according to the law in force in the part of Her Majesty’s Dominions in which the maintenance order was made, liable to maintain;

(c) the expression "maintenance order" means any judgment or order for the periodical payment of sums of money towards the maintenance of the wife or other dependants of the person against whom the order is made;

(d) the expression "prescribed" means prescribed by rules of court.

*By article 18 of the Maintenance Orders (Reciprocal Enforcement) Act, Cap. 242, this Ordinance was repealed. That article, however, was to come into force on a date or dates to be fixed by notice in the Gazette. By three separate notices (L.N. 48 of 1975, L.N. 153 of 1977, and L.N. 44 of 1978) the said article 18 was brought into force but only with respect to the United Kingdom of Great Britain and Northern Ireland, the Commonwealth of Australia and Gibraltar. The Ordinance is therefore still in force with respect to Bermuda. Although, therefore, the Ordinance has been reproduced in its original form, as amended, and still includes references to England, Northern Ireland and other parts of H.M’s Dominions, these references are now to be construed as limited only to Bermuda. Moreover, the Ordinance as a whole must be read in the light of the foregoing. †See Order-in-Council of the 27th of June, 1921 published in Malta by Government Notice No. 199 of the 22nd of July, 1921 ‡See Proclamation No. II of 1921. extends, and a certified copy of the order has been transmitted by the Secretary of State or by the Governor of that part of Her

Majesty’s Dominions to the President of Malta, the President of

Malta shall send a copy of the order to the Registrar of Courts for registration; and on receipt thereof the order shall be registered in the prescribed manner, and shall, from the date of such registration, be of the same force and effect, and, subject to the provisions of this Ordinance, all proceedings may be taken on such order as if it had been an order originally obtained in the Civil Court, First Hall, and that court shall have power to enforce the order accordingly.

Änderungsgeschichte
  • Amended by XXIV.1995.360