MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT) ACT (reciprocalenforcement)

[CAP. 242. 1

MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT)

CHAPTER 242

MAINTENANCE ORDERS

(RECIPROCAL ENFORCEMENT) ACT

To make new provision in place of the Maintenance Orders (Facilities

for Enforcement) Ordinance (Cap. 48); to make provision with a view to

the accession by Malta to international conventions relating to

maintenance; to make other provision for facilitating the recovery of

maintenance by or from persons in Malta from or by persons in other

countries; and for purposes connected with the matters aforesaid.

(26th March, 1974) *

(1st May, 1975) †

(12th December, 1977) ‡

(17th April, 1978) §

ACT XX of 1974, as amended by Legal Notice 148 of 1975; Acts LVIII of

1974, XIII of 1983 , and XXIV of 1995 ; and Legal Notice 411 of 2007 .

PRELIMINARY

The short title of this Act is the Maintenance Orders

(Reciprocal Enforcement) Act.

(1)

In this Act, unless the context otherwise requires -

" a ff i l i a t i o n o r d e r " m e a n s a n o r d e r ( h o w e v e r d e s c r i b e d )

adjudging, finding or declaring a person to be the father of a child,

whether or not it also provides for the maintenance of the child;

"certificate of arrears", in relation to a maintenance order, means

a certificate certifying that the sum specified in the certificate is to

the best of 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 or, as the case may be, that to the best of his

information or belief there are no arrears due thereunder at that

date;

"certified copy", in relation to an order of a court, means a copy

of the order certified by the registrar or other proper officer of the

court to be a true copy;

"competent Maltese court" means the Civil Court, First Hall;

"court" includes any tribunal or person having power to make,

confirm, enforce, vary or revoke a maintenance order;

"creditor", in relation to a maintenance order, means the person

entitled to the payments for which the order provides;

"debtor", in relation to a maintenance order, means the person

liable to make payments under the order;

*See Government Notice No. 216 of 26th March, 1974.

†See Legal Notice 48 of 1975.

‡See Legal Notice 153 of 1977.

§See Legal Notice 44 of 1978.

CAP. 242.] MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT)

"maintenance order" means an order (however described) of any

of the following description, that is to say -

(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 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 has died, of his funeral

expenses,

and, in the case of a maintenance order which has been varied,

means that order as varied;

"Malta" has the same meaning as is assigned to it by article 124

of the Constitution of Malta;

"Minister" means the Minister responsible for justice;

"order" includes any decree or other decision, including an

interlocutory decree;

"Ordinance" means the Maintenance Orders (Facilities for

Enforcement) Ordinance;

"provisional order" means (according to the context) -

(a) an order made by a court in Malta which is provisional

only and has no effect unless and until 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 and

until confirmed, with or without alteration, by the

competent Maltese court;

"reciprocating country" has the meaning assigned to it by article

"registered order" means a maintenance order which is for the

time being registered, or deemed to be registered, in the competent

Maltese court under this Act;

"Registrar" means the Registrar of Courts of Malta;

"the responsible authority", in relation to a reciprocating country

means any person who in that country has functions similar to those

of the Minister under this Act;

(2) For the purposes of this Act an order shall be taken to be a

maintenance order so far (but only so far) as it relates to periodical

payment of sums of money as mentioned in paragraph (a) of the

definition of "maintenance order" in subarticle (1) or to the person

adjudged, found or declared to be a child’s father of any such

[CAP. 242. 3

MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT)

expenses as are mentioned in paragraph (b) of that definition.

(3) Any reference in this Act to the payment of money for the

maintenance of a child shall be construed as including a reference

to the payment of money for the child’s education.

RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS MADE

IN MALTA OR RECIPROCATING COUNTRY

* (1) The President of Malta, if satisfied that, in the event of

the benefits conferred by this Act being applied to, or to particular

classes of, maintenance orders made by the courts of any country or

territory outside Malta, similar benefits will in that country or

territory be applied to, or to those classes of, maintenance orders

made by the courts of Malta, may by Order designate that country

or territory as a reciprocating country for the purposes of this Act;

and, subject to subarticle (2), in this Act "reciprocating country"

means a country or territory that is for the time being so designated.

(2) A country or territory may be designated under subarticle

(1) as a reciprocating country either as regards maintenance orders

generally, or as regards maintenance orders other than those of any

specified class, or as regards maintenance orders of one or more

specified classes only; and a country or territory which is for the

time being so designated otherwise than as regards maintenance

orders generally shall, for the purposes of this Act, be taken to be a

reciprocating country only as regards maintenance orders of the

class to which the designation extends.

ORDERS MADE BY COURTS IN MALTA

(1) Subject to subarticle (2), where the debtor under a

maintenance order made, whether before or after the

commencement of this article, by a court in Malta is residing in a

reciprocating country, the creditor under the order may apply for

the order to be sent to that country for enforcement.

(2) Subarticle (1) shall not have effect in relation to a

provisional order.

(3) Every application under this article shall be made to the

court which made the maintenance order to which the application

relates.

(4) If on an application duly made under this article, the court

is satisfied that the debtor under the maintenance order to which the

application relates is residing in a reciprocating country, the

following documents, that is to say

(a) a certified copy of the maintenance order;

(b) a certificate signed by the registrar of the court

certifying that the order is enforceable in Malta;

(c) a certificate of arrears so signed;

*See Legal Notices 56 and 57 of 1984.

CAP. 242.] MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT)

(d) a statement giving such information as the said

registrar possesses as to the whereabouts of the debtor;

(e) a statement giving such information as the said

registrar possesses for facilitating the identification of

the debtor; and

(f) where available a photograph of the debtor,

shall be sent by the court to the Minister with a view to their being

transmitted by the Minister to the responsible authority in the

reciprocating country if he is satisfied that the statement relating to

the whereabouts of the debtor gives sufficient information to justify

that being done.

(5) Nothing in this article shall be taken as affecting any

jurisdiction of any court in Malta with respect to a maintenance

order to which this article applies, and any such order may be

enforced, varied or revoked accordingly.

(1) Where an application is made to a court in Malta for a

maintenance order against a person residing in a reciprocating

country and it is shown to the court that it would have jurisdiction

by virtue of any enactment to make a maintenance order if -

(a) that person were domiciled in Malta; and

(b) a summons to appear before the court to answer to the

demand had been duly served on him,

the court shall have jurisdiction to hear the application and may,

subject to subarticle (2), make a maintenance order on the

application as if a summons had been duly served on the person

aforesaid and such person had failed to make appearance at the

hearing.

(2) A maintenance order made by virtue of this article shall be

a provisional order.

(3) Where a court makes a maintenance order which is by

virtue of this article a provisional order, the following documents,

that is to say -

(a) a certified copy of the maintenance order;

(b) a document, authenticated by the registrar of the court

making the order, setting out or summarising the

evidence given in the proceedings;

(c) a certificate signed by the said registrar certifying that

in the opinion of the court the grounds stated in the

certificate are the grounds on which the making of the

order might have been opposed by the debtor under the

order;

(d) a statement giving such information as was available

to the court as to the whereabouts of the debtor;

(e) a statement giving such information as the said

registrar possesses for facilitating the identification of

the debtor; and

(f) where available, a photograph of the debtor,

[CAP. 242. 5

MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT)

shall be sent by the court to the Minister with a view to their being

transmitted by the Minister to the responsible authority in the

reciprocating country in which the debtor is residing if he is

satisfied that the statement relating to the whereabouts of the debtor

gives sufficient information to justify that being done.

(4) A maintenance order made by virtue of this article which

has been confirmed by a competent court in a reciprocating country

shall be treated for all purposes as if the court which made the order

had made it in the form in which it was confirmed and as if the

order had never been a provisional order, and subject to article 6,

any such order may be enforced, varied or revoked accordingly.

(1) This article applies to a maintenance order a certified

copy of which has been sent to a reciprocating country in pursuance

of article 4 and to a maintenance order made by virtue of article 5

which has been confirmed by a competent court in such a country.

(2) A court in Malta having power to vary a maintenance order

to which this article applies shall have power to vary that order by a

provisional order.

(3) Where the court hearing an application for the variation of a

maintenance order to which this article applies proposes to vary it

by increasing the rate of the payments under the order then, unless

either -

(a) both the applicant and the debtor under the order

appear in the proceedings; or

(b) the applicant appears and the appropriate process has

been duly served on the other party,

the order varying the order shall be a provisional order.

(4) Where a court in Malta makes a provisional order varying a

maintenance order to which this article applies, that court shall

send, to the court in a reciprocating country having power to

confirm the provisional order a certified copy of the provisional

order together with a document, duly authenticated setting out or

summarising the evidence given in the proceedings.

(5) Where a certified copy of a provisional order made by a

court in a reciprocating country, being an order varying or revoking

a maintenance order to which this article applies, together with a

document, duly certified, setting out or summarising the evidence

given in the proceedings in which the provisional order was made,

is received by the court in Malta which made the maintenance

order, that court may confirm or refuse to confirm the provisional

order and, if that order is an order varying the maintenance order,

confirm it either without alteration or with such alterations as it

thinks reasonable.

(6) For the purpose of determining whether a provisional order

should be confirmed under subarticle (5), the court shall proceed as

if an application for the variation or revocation, as the case may be,

of the maintenance order in question had been made to it, and for

this purpose a copy of the provisional order shall be served on the

debtor together with an intimation that unless he makes an

CAP. 242.] MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT)

appearance at the hearing, or otherwise enters a reply at or before

the hearing, the court will confirm the provisional order under this

article.

(7) Where a maintenance order to which this article applies has

been varied by an order (including a provisional order which has

been confirmed) made by a court in Malta or by a competent court

in a reciprocating country, the maintenance order shall, as from the

date on which the order was made, have effect as varied by that

order and, where that order was a provisional order, as if that order

had been made in the form in which it was confirmed and as if it

had never been a provisional order.

(8) Where a maintenance order to which this article applies has

been revoked by an order made by a court in Malta or by a

competent court in a reciprocating country, including a provisional

order made by the last-mentioned court which has been confirmed

by a court in Malta, the maintenance order shall, as from the date

on which the order was made, be deemed to have ceased to have

effect except as respect any arrears due under the maintenance

order at that date.

(9) Where before a maintenance order made by virtue of article

5 is confirmed a document, duly certified, setting out a

summarising evidence taken in a reciprocating country for the

purpose of proceedings relating to the confirmation of the order is

received by the court in Malta which made the order, or that court,

in compliance with a request made to it by a court in such a

country, takes the evidence of a person residing in Malta for the

purpose of such proceedings, the court in Malta which made the

order shall consider that evidence and if, having done so, it appears

to it that the order ought not to have been made -

(a) it shall, give to the person on whose application the

maintenance order was made an opportunity to

consider that evidence, to make representations with

respect to it and to adduce further evidence; and

(b) after considering all the evidence and any

representations made by that person, it may revoke the

maintenance order.

ORDERS MADE BY COURTS IN RECIPROCATING COUNTRIES

(1) This article applies to a maintenance order made,

whether before or after the commencement of this article, 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.

(2) Where a certified copy of an order to which this article

applies is received by the Minister from the responsible authority in

a reciprocating country, and it appears to the Minister that the

debtor under the order is residing in Malta, he shall send the copy

of the order to the Registrar.

(3)

Where the Registrar receives from the Minister a certified

[CAP. 242. 7

MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT)

copy of an order to which this article applies, he shall, subject to

subarticle (4) register the order in the competent Maltese court.

(4) Before registering an order under this article the Registrar

shall take such steps as he thinks fit for the purpose of ascertaining

whether the debtor under the order is residing in Malta, and if after

taking those steps he is satisfied that the debtor is not so residing he

shall return the certified copy of the order to the Minister with a

statement giving such information as he possesses as to the

whereabouts of the debtor.

(1) This article applies to a maintenance order made,

whether before or after the commencement of this article, by a

court in a reciprocating country being a provisional order.

(2) Where a certified copy of an order to which this article

applies together with -

(a) a document, duly authenticated, setting out or

summarising the evidence given in the proceedings in

which the order was made; and

(b) a statement of the grounds on which the making of the

order might have been opposed by the debtor under the

order,

is received by the Minister from the responsible authority in a

reciprocating country, and it appears to the Minister that the debtor

under the order is residing in Malta, he shall send the copy of the

order and documents which accompanied it to the Registrar, and the

competent Maltese court, shall -

(i)

if the debtor under the order establishes any such

defence as he might have raised in the

proceedings in which the order was made, refuse

to confirm the order; and

(ii) in any other case, confirm the order either

without relation or with such alterations as it

thinks reasonable.

(3) In any proceedings for the confirmation under this article of

a provisional order, the statement received from the court which

made the order of the grounds on which the making of the order

might have been opposed by the debtor under the order shall be

conclusive evidence that the debtor might have raised a defence on

any of those grounds in the proceedings in which the order was

made.

(4) For the purpose of determining whether a provisional order

should be confirmed under this article the court shall proceed as if

an application for a maintenance order against the debtor under the

provisional order had been made to it and for this purpose a copy of

the order shall be served on the debtor under the order together

with an intimation that unless he makes appearance at the hearing,

or otherwise enters a reply at or before the hearing, the court will

confirm the order under this article.

(5) If the court confirms the order, the Registrar shall register

the order in that court, and if the court refuses to confirm the order,

CAP. 242.] MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT)

the Registrar shall return the certified copy of the order and the

documents which accompanied it to the Minister.

(6) If an intimation to appear in the proceedings for the

confirmation of the provisional order cannot be duly served on the

debtor under that order the Registrar shall return that copy and the

documents which accompanied it to the Minister with a statement

giving such information as he possesses as to the whereabouts of

the debtor.

(1) A registered order may be enforced in Malta as if it had

been made by the registering court and as if that court had had

jurisdiction to make it; and proceedings for or with respect to the

enforcement of any such order may be taken accordingly.

(2) 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 Registrar, and any person failing without

reasonable excuse to give such notice shall be liable on conviction

to a fine (multa) not exceeding twenty-three euro and twenty-nine

cents (23.29).

(3) In any proceedings for or with respect to the enforcement of

an order which is for the time being registered under this Act a

certificate of arrears sent to the Registrar shall be evidence of the

facts stated therein.

(4) Subject to subarticle (5), 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.

(5) The court having power under article 8 to confirm a

provisional order may, if it decides to confirm the order, direct that

the sums of money payable under it shall be 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; and subject to any such direction, a maintenance order

registered under the said article 8 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.

(1) Subject to the provisions of this article, the competent

Maltese court -

(a) shall have the like power, on an application made by

the debtor or creditor under a registered order to vary

or revoke the order as if it had been made by the

competent Maltese court and as if that court had had

jurisdiction to make it; and

(b) shall have the power to vary or revoke a registered

order by a provisional order.

(2) The competent Maltese court shall not vary a registered

order otherwise than by a provisional order unless -

(a) both the debtor and the creditor under the registered

order are for the time being residing in Malta; or

(b) the application is made by the creditor under the

[CAP. 242. 9

MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT)

registered order; or

(c) the variation consists of a reduction in the rate of the

payments under the registered order and is made solely

on the ground that there has been a change in the

financial circumstances of the debtor since the

registered order was made or, in the case of an order

registered under article 8, since the registered order

was confirmed, and the courts in the reciprocating

country in which the maintenance order in question

was made do not have the power, according to the law

in force in that country, to confirm provisional orders

varying maintenance orders.

(3) The competent Maltese court shall not revoke a registered

order except by a provisional order unless both the debtor and the

creditor under the registered order are for the time being residing in

Malta.

(4) On an application for the revocation of a registered order

the competent Maltese court shall, unless both the debtor and the

creditor under the registered order are for the time being residing in

Malta, apply the law applied by the reciprocating country in which

the registered order was made; but where by virtue of this

subarticle the competent Maltese court is required to apply that law,

that court may make a provisional order if it has reason to believe

that the ground on which the application is made is a ground on

which the order could be revoked according to the law applied by

the reciprocating country, notwithstanding that it has not been

established that it is such a ground.

(5) Where the competent Maltese court makes a provisional

order varying or revoking a registered order the court shall send to

the court in the reciprocating country which made the registered

order a certified copy of the provisional order together with a

document, duly authenticated, setting out or summarising the

evidence given in the proceedings.

(6) Where a certified copy of a provisional order made by a

court in a reciprocating country, being an order varying a registered

order, together with a document, duly authenticated, setting out or

summarising the evidence given in the proceedings in which the

provisional order was made, is received by the competent Maltese

court, that court may confirm the order either without alteration or

with such alterations as it thinks reasonable or refuse to confirm the

order.

(7) For the purpose of determining whether a provisional order

should be confirmed under subarticle (6) the court shall proceed as

if an application for the variation of the registered order has been

made to it, and for this purpose a copy of the order shall be served

on the debtor under the order together with an intimation that

unless he makes appearance at the hearing, or otherwise enters a

reply at or before the hearing, the court will confirm the provisional

order under this article.

(8) Where a registered order has been varied by an order

(including a provisional order which has been confirmed) made by

CAP. 242.] MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT)

the competent Maltese court or by a competent court in a

reciprocating country, the registered order shall, as from the date on

which the order was made, have effect as varied by that order and,

where that order was a provisional order, as if that order had been

made in the form in which it was confirmed and as if it had never

been a provisional order.

(9) When a registered order has been revoked by an order made

by the competent Maltese court or by a competent court in a

reciprocating country, including a provisional order made by the

first-mentioned court which has been confirmed by a competent

court in a reciprocating country, the registered order shall, as from

the date on which the order was made, be deemed to have ceased to

have effect except as respects any arrears due under the registered

order at that date.

(10) The Registrar shall register any order varying a registered

order other than a provisional order which is not confirmed.

(1) Where -

(a) a registered order is revoked by an order made by the

competent Maltese court; or

(b) a registered order is revoked by a provisional order

made by that court which has been confirmed by a

court in a reciprocating country and notice of the

confirmation is received by the competent Maltese

court; or

(c) a registered order is revoked by an order made by a

court in such a country and notice of the revocation is

received by the competent Maltese court,

the Registrar shall cancel the registration; but any arrears due under

the registered order at the date when its registration is cancelled by

virtue of this subarticle shall continue to be recoverable as if the

registration had not been cancelled.

(2) Where the Registrar, after taking such steps as he thinks fit

for the purpose of ascertaining whether the debtor under a

registered order is residing in Malta, is satisfied, that the debtor

under the order has ceased to reside in Malta, he shall cancel the

registration of the order and shall send the certified copy of the

order to the Minister, together with -

(a) a certificate of arrears signed by him;

(b) a statement giving such information as he possesses as

to the whereabouts of the debtor; and

(c) any relevant documents in his possession relating to

the case.

(1) If it appears to the Minister that the debtor under a

maintenance order, a certified copy of which has been received by

him from a reciprocating country, is not residing in Malta or, in the

case of an order which subsequently became a registered order, has

ceased to reside in Malta, he shall send to the responsible

a u t h o r i t i e s i n t h a t c o u n t r y o r, i f h a v i n g r e g a r d t o a l l t h e

MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT)

circumstances he deems proper to do so, to the responsible

authority in another reciprocating country -

(a) the certified copy of the order in question and a

certified copy of any order varying that order;

(b) if the order has at any time been a registered order, a

certificate of arrears signed by the Registrar;

(c) a statement giving such information as the Minister

possesses as to the whereabouts of the debtor; and

(d) any other relevant documents in his possession

relating to the case.

(2) Where the documents mentioned in subarticle (1) are sent

to the responsible authority in a reciprocating country other than

that in which the order in question was made, the Minister shall

inform the responsible authority in the reciprocating country in

which that order was made of what he has done.

APPEALS

(1) No appeal shall lie from a provisional order made in

pursuance of any provision of this Act by the competent Maltese

court.

(2) Where in pursuance of any such provision the said court

confirms or refuses to confirm a provisional order made by a court

in a reciprocating country, whether a maintenance order or an order

varying or revoking a maintenance order, the creditor or debtor

under the maintenance order shall have the like right of appeal from

the confirmation of, or refusal to confirm, the provisional order as

he would have if that order were not a provisional order and the

competent Maltese court had made or, as the case may be, refused

to make it.

(3) Where in pursuance of any such provision the competent

Maltese court makes, or refuses to make, an order varying or

revoking a maintenance order made by a court in a reciprocating

country, then, subject to subarticle (1), the debtor or creditor under

the maintenance order shall have the like right of appeal from that

order or from the refusal to make it as he would have if the

maintenance order had been made by the competent Maltese court.

(4) Nothing in this article (except subarticle (1) thereof) shall

be construed as affecting any right of appeal conferred by any other

enactment.

EVIDENCE

(1) A statement contained in -

(a) a document, duly authenticated, which purports to set

out or summarise evidence given in proceedings in a

court in a reciprocating country; or

(b) a document, duly authenticated, which purports to set

out or summarise evidence taken in such a country for

the purpose of proceedings in a court in Malta under

CAP. 242.] MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT)

this Act, whether in response to a request made by

such court or otherwise; or

(c) a document, duly authenticated, which purports to

have been received in evidence in proceedings in a

court in such a country or to be a copy of a document

so received,

shall in any proceedings in a court in Malta relating to a

maintenance order to which this Act applies be admissible as

evidence of any fact stated therein to the same extent as oral

evidence of that fact is admissible in those proceedings.

(2) A document purporting to set out or summarise evidence as

mentioned in subarticle (1)(a), or taken as mentioned in paragraph

(b) of that subarticle, shall be deemed to be duly authenticated for

the purposes of that subarticle if the document purports to be

certified by the judge, magistrate or other person before whom the

evidence was given, or, as the case may be, by whom it was taken,

to be the original document containing or recording, or, as the case

m a y b e , su m m a r i s i n g , t h a t e v i d e n c e or a t r u e c o p y o f t h a t

document.

(3) A document purporting to have been received in evidence

as mentioned in subarticle (1)(c), or to be a copy of a document so

received, shall be deemed to be duly authenticated for the purposes

of that subarticle if the document purports to be certified by a

judge, magistrate or officer of the court in question to have been, or

to be a true copy of a document which has been, so received.

(4) It shall not be necessary in any such proceedings as

aforesaid to prove the signature or official position of the person

appearing to have given such certificate.

(5) Nothing in this article shall prejudice the admission in

evidence of any document which is admissible in evidence apart

from this article.

(1) Where for the purpose of any proceedings in a court in

a reciprocating country relating to a maintenance order to which

this Act applies a request is made by or on behalf of that court for

the taking in Malta of the evidence of a person residing therein

relating to matters specified in the request, the competent Maltese

court shall have power to take that evidence and, after giving notice

of the time and place at which the evidence is to be taken to such

persons and in such manner as it thinks fit, shall take the evidence

or cause the evidence to be taken in such manner as it may deem

appropriate, or as may be prescribed under article 18.

(2) Evidence taken in compliance with such a request shall be

sent by the Registrar to the court in the reciprocating country by or

on behalf of which the request was made.

(3) A court in Malta may for the purpose of any proceedings in

that court under this Act relating to a maintenance order to which

this Act applies request a court in a reciprocating country to take or

provide evidence relating to such matters as may be specified in the

request and may remit the case to that court for that purpose.

MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT)

For the purposes of this Act, unless the contrary is shown -

(a) any order made by a court in a reciprocating country

purporting to bear the seal of that court or to be signed

by any person in his capacity as a judge, magistrate or

officer of the court, shall be deemed to have been duly

sealed or, as the case may be, to have been signed by

that person;

(b) the person by whom the order was signed shall be

deemed without further proof to have been a judge,

magistrate or officer, as the case may be, of that court

when he signed it and, in the case of an officer, to have

been authorised to sign it; and

(c) a document purporting to be a certified copy of an

order made by a court in a reciprocating country shall

be deemed without further proof to be such a copy.

(1) The Minister may make, and when made vary, modify

or, without prejudice to the making of new regulations, revoke,

regulations to provide for any matter which in his opinion is

expedient to give effect to any provision of this Act, and, without

prejudice to the generality of the foregoing, to -

(a) establish or regulate the procedure, method or manner

to be followed and the time limits and other limitations

to be observed, in respect of any matter provided for in

this Act;

(b) prescribe the manner in which and the person by whom

anything which is to be certified or authenticated or

duly certified or authenticated under this Act is to be

so certified or authenticated;

(c) prescribe the person who is to perform any of the

functions or duties provided for in this Act.

(2) Without prejudice to any regulations made under this

article, proceedings under this Act shall be regulated by rules made

under article 29 of the Code of Organization and Civil Procedure

(including any rules so made in respect of proceedings under the

Ordinance which shall remain in force and shall apply to

proceedings under this Act) and, failing such rules or regulations,

by the provisions of the Code aforesaid.

REPEAL AND TRANSITIONAL PROVISIONS

The Maintenance Orders (Facilities for Enforcement)

Ordinance is hereby repealed, without prejudice to anything

lawfully done thereunder and to the provisions of article 17(2).

* See footnote to Chapter 48.

CAP. 242.] MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT)

(1) Where a country or territory, being a country or

territory to which immediately before the date of commencement of

article 18, the Ordinance extended, becomes a reciprocating

country, then, subject to such modifications, limitations and

restrictions as may be contained in the order made under article 3

designating that country or territory as a reciprocating country -

(a) the provisions of this Act shall apply to maintenance

orders, or maintenance orders of a class specified in

the order aforesaid -

(i) made by a court in Malta against a person

residing in that country or territory, or

(ii) made by a court in that country or territory

against a person residing in Malta,

being orders to which, immediately before the date of

commencement of the subarticle aforesaid, the

Ordinance applied, and any such order which

immediately before the date aforesaid was registered

under the Ordinance shall be deemed to be and be

treated as an order registered under this Act;

(b) any maintenance order, or maintenance orders of a

class specified in the order aforesaid, made by a court

in that country or territory which has been confirmed

under article 6 of the Ordinance and is in force

immediately before that date shall be registered by the

Registrar under article 8 in like manner as an order

confirmed under the said article 8;

(c) any proceedings brought under or by virtue of a

provision of the Ordinance in a court in Malta which

are pending at that date, being proceedings affecting a

person resident in that country or territory or

proceedings affecting a person resident in Malta, shall

be continued as if they had been brought under or by

virtue of the corresponding provision of this Act.

(2) An order made under article 3 may contain such further

provision as the President of Malta may consider expedient to give

effect to the provisions of subarticle (1).

POWER TO APPLY ACT TO OTHER ORDERS AND APPLICATIONS

RESPECTING MAINTENANCE

(1) Where the President of Malta is satisfied -

(a) that arrangements have been or will be made in a

country or territory outside Malta to ensure that

maintenance orders made by courts in Malta against

persons in that country or territory can be enforced in

that country or territory or that applications by persons

in Malta for the recovery of maintenance from persons

in that country or territory can be entertained by courts

in that country or territory; and

(b) that in the interest of reciprocity it is desirable to

ensure that maintenance orders made by courts in that

MAINTENANCE ORDERS (RECIPROCAL ENFORCEMENT)

country or territory against persons in Malta can be

enforced in Malta or, as the case may be, that

applications by persons in that country or territory for

the recovery of maintenance from persons in Malta can

be entertained by courts in Malta,

the President of Malta may by order make provision for applying

the provisions of this Act, with such exceptions adaptations and

modifications as may be specified in the order, to such orders or

applications as are referred to in paragraphs (a) and (b) and to

maintenance and other orders made in connection with such

applications by courts in Malta or in that country or territory.

(2) The President of Malta may also in like manner make such

further provision as he may deem necessary or expedient for any

purposes aforesaid or with a view to or in view of the accession by

Malta to any international convention relating to maintenance.