Jurisdiction of Courts and Enforcement of Judgments Act, 1993
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Application of certain provisions of Principal Act. |
11.—(1) Sections 5 to 14 (as amended by section 5 of this Act) of the Principal Act shall apply in relation to the application of the Lugano Convention in the State pursuant to section 9 of this Act as they apply in relation to the application pursuant to that Act of the Conventions (within the meaning of the Principal Act) with the following modifications and with any other necessary modifications: | |
(a) references to a judgment, maintenance creditor, maintenance debtor, maintenance order, enforcement order and Contracting State shall be construed as references to a judgment, maintenance creditor, maintenance debtor, maintenance order, enforcement order and Contracting State within the meaning of this Part, and | ||
(b) references to numbered Articles of the 1968 Convention (within the meaning of the Principal Act) shall be construed as references to the corresponding Articles of the Lugano Convention. | ||
(2) In this section, unless the context otherwise requires— | ||
“enforcement order” means— | ||
(a) an order made by the Master of the High Court under section 5 of the Principal Act as applied by this section for the recognition or enforcement of the whole or part of a judgment, or | ||
(b) an order of the High Court for the recognition or enforcement of the whole or part of an instrument or settlement referred to in Title IV of the Lugano Convention, | ||
and includes an enforcement order made or varied on appeal from a decision of the Master of the High Court or a decision of the High Court; | ||
“judgment”, except in section 8 of this Act, means a judgment or order to which, by virtue of the said section 8 , this Part applies; | ||
“maintenance creditor” means, in relation to a maintenance order, the person entitled to the payments for which the order provides; | ||
“maintenance debtor” means, in relation to a maintenance order, the person liable to make payments under the order; | ||
“maintenance order” means a judgment that is a judgment relating to maintenance (within the meaning of the Lugano Convention) in so far, but only in so far, as it provides for the making of periodic payments. |