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Allocation Within Uk Of Jurisdiction In Certain Civil Proceedings

Volume 24: debated on Friday 21 May 1982

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11.30 am

I beg to move amendment No. 1, in page 9, line 41, at end insert—

`() In section 15(1)(a) of the Maintenance Orders Act 1950 (domestic proceedings in which initial process may be served in another part of the United Kingdom), after sub-paragraph (v) there shall be added—
"(vi) Article 5(2) of Schedule 4 to the Civil Jurisdiction and Judgments Act 1982; or".'.
The amendment provides for the service of process in maintenance proceedings when a magistrates' court in England and Wales has jurisdiction over a person domiciled in another part of the United Kingdom by virtue of clause 16 and schedule 4. It is therefore a consequence of the provisions of article 5(2) as set out in schedule 4, which enables a maintenance creditor to proceed in the court in the area where she is domiciled against a person domiciled elsewhere in the United Kingdom.

The amendment ensures that process can be served in those circumstances by linking the Bill to the provisions of an existing scheme for serving process in different parts of the United Kingdom. That scheme is contained in section 15 of the Maintenance Orders Act 1950. The amendment adds a reference to the Bill to the list of domestic proceedings in which the 1950 Act procedure may be used.

Amendment agreed to