Maintenance Orders (Reciprocal Enforcement) Act |
Maintenance Orders (Reciprocal Enforcement) Rules 2014 |
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Citation and commencement |
1. These Rules may be cited as the Maintenance Orders (Reciprocal Enforcement) Rules 2014 and shall come into operation on 1 October 2014. |
Definitions |
2. In these Rules, unless the context otherwise requires —
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Prescribed officer |
3. For the purposes of the Act, the “prescribed officer” is the Registrar. |
Application for transmission of Singapore maintenance order to reciprocating country |
4. An application for a Singapore maintenance order to be sent to a reciprocating country under section 3(1) of the Act must be made by or on behalf of the payee under the maintenance order in the same manner, and in accordance with the same procedure, as applications for summons are made and to be heard by a District Court or Magistrate’s Court under the provisions of the Criminal Procedure Code (Cap. 68). |
Content of and undertaking to pay expenses for application for transmission of Singapore maintenance order |
Complaint under section 4 of Act |
6. A complaint under section 4(1) of the Act against a person residing in a reciprocating country must be made in the same manner, and in accordance with the same procedure, as applications for summons are made and to be heard by a District Court or Magistrate’s Court under the provisions of the Criminal Procedure Code (Cap. 68). |
Undertaking to pay expenses for complaint under section 4 of Act |
7.—(1) A complaint made under section 4(1) of the Act against a person residing in a reciprocating country must be accompanied —
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Applications under sections 5 and 9 of Act |
8. An application referred to —
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Undertaking to pay expenses for application under section 5 of Act |
9.—(1) An application referred to in section 5(3) of the Act to vary a Singapore maintenance order must be accompanied —
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Authentication of documents setting out or summarising evidence |
10. A document setting out or summarising any evidence required by section 4(5)(b), 5(4) or 9(5) of the Act to be authenticated must be authenticated by a certificate, signed by the court before whom the evidence was given, that —
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Method of transmission of documents to reciprocating country |
11. Any document required by section 5(4) or 9(5) of the Act to be sent to a court in a reciprocating country must be sent to that court by post. |
Consideration for revocation of maintenance orders |
12.—(1) For the purposes of section 5(9) of the Act, the court in Singapore which made a maintenance order that is to be confirmed by a competent court in a reciprocating country must serve on the person on whose application the maintenance order was made a notice —
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Registration of orders other than provisional orders |
13.—(1) Where a certified copy of a maintenance order, not being a provisional order, is received by the Registrar for registration in accordance with section 6 of the Act, the Registrar must cause that order to be registered by means of an entry in a register kept for this purpose.
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Method of payment of sums due under registered orders |
14.—(1) Payment of sums due under a registered order must, while the order is registered in a court in Singapore, be made through the Official Assignee or such other person or authority as the court may from time to time direct.
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Procedure for taking evidence in Singapore at request of court in reciprocating country |
15.—(1) Where a request is made by or on behalf of a court in a reciprocating country for the taking in Singapore of the evidence of a person residing in Singapore then, subject to paragraph (2) —
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Transmission of order varying or revoking maintenance order to which section 5 of Act applies |
16.—(1) Where a court in Singapore makes an order, not being a provisional order, varying a maintenance order to which section 5 of the Act applies, the Registrar must send a written notice of the making of the order —
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Transmission of order varying or revoking registered order under section 9 of Act |
17. Where the court in Singapore makes an order under section 9 of the Act, not being a provisional order, varying or revoking a registered order, the Registrar must send a written notice of the making of the order to the court in the reciprocating country which made the registered order. |
Transmission of order confirming maintenance order under section 7 of Act |
18. Where the court in Singapore confirms an order under section 7(2) of the Act, the Registrar must send a written notice of the confirmation to the court in the reciprocating country which made the order. |
Notice to be given to Minister where order is registered |
19. After the Registrar —
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Notice to be given to payer where order is registered or cancelled |
20.—(1) After the Registrar registers a maintenance order under section 6(3), 7(5) or 9(10) of the Act, the Registrar must send a written notice to the payer under the maintenance order —
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Official Assignee may appear in proceedings |
21.—(1) In any proceedings for the confirmation of a provisional order made by a court in a reciprocating country under section 7 of the Act, the person in whose favour the provisional order is made may be represented in the court in Singapore by the Official Assignee or a person duly authorised, in writing, by the Official Assignee to act in that behalf.
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Permanent Secretary, Ministry of Law, Singapore. |
[LAW 06/015/011 Vol. 5; AG/LLRD/SL/169/2010/2 Vol. 2] |