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28 1994

MAINTENANCE ACT, 1994

PART V

Miscellaneous

Enforceability of foreign maintenance orders.

22. —Recognition or enforcement of an order (other than a provisional order) for recovery of maintenance made by a court in a jurisdiction other than the State may not be refused—

(a) by reason only of the fact that the court which made the order had power to vary or revoke it, or

(b) on the ground that, under the rules of private international law of the State, the court concerned had not jurisdiction by reason of the fact that the respondent was not resident or present in that jurisdiction at the date of the commencement of the relevant proceedings, provided that at that date the claimant was resident there.

Currency of payments under foreign maintenance orders.

23. —(1) An amount payable in the State under an order for recovery of maintenance which is made by a court in a jurisdiction other than the State and is enforceable in the State shall be paid in the currency of the State and, if the amount is stated in the order in a currency other than the currency of the State, the payment shall be made on the basis of the exchange rate prevailing, on the date of the making of an order by a court in the State for the enforcement of the order, between that currency and the currency of the State.

(2) For the purposes of this section, a certificate purporting to be signed by an officer of a bank in the State and to state the exchange rate prevailing on a specified date between a specified currency and the currency of the State shall be evidence of the facts stated in the certificate.

(3) In this section “bank” means the holder of a banker's licence within the meaning of the Central Bank Act, 1989 .

Saving.

24. —Nothing in this Act shall prevent the recognition or enforcement of an order for recovery of maintenance which is made in a reciprocating jurisdiction or designated jurisdiction and which, apart from this Act, would be recognised or enforceable in the State.

Expenses.

25. —The expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.