187 / 300
in the register that cannot be cancelled except after
the examination of title prescribed by Rules 36 and 37
of the Land Registration Rules, 1959 (S.I. No. 96 or
1959)" where they occur, of the words "Where the
property is registered with a Possessory Title that can-
not be converted into an Absolute Title except after
the examination of title prescribed by Rules 36 and 37
of the Land Registration Rules, 1972 (S.I. No. 230 of
1972) or where, but for the fixing of the Appointed
Day by the Land Commission, an application under
Rule 46 of the said Rules would be required to estab-
lish title by possession".
(c) by the substitution for the words "Where the
property has no Notice of Equities or of Possessory Title
or has a notice thereof that may be cancelled on an
application under Rules 34 or 35 of the Land Regist-
ration Rules, 1959 (S.I. No. 96 or 1959)" where they
occur, of the words "where the property is not regi
5
ered with a Possessory Title or is registered with a p°
s
sessory title that may be converted on an applicati®
under Rules 33, 34 or 35 of the Land Registration R®
leS
'
1972 (S.I. No. 230 of 1972)".
EXPLANATORY NOTE
s
(This note is not part of the instrument and d°"
not purport to be a legal interpretation).
,
These Rules adapt the Land Purchase Acts Rules
1964 having regard to the provisions of the Regist®
3
ion of Title Act, 1964, and the Land Registration R®
leS
'
1972, and additionally they amend the method of
aS
certaining legal costs prescribed by the said Land P®
r
chase Acts Rules of 1964.
Explanatory Memoranda to Legislation
MA I NTENANCE ORDERS ACT 1974
General
1. The object of the Bill is to enable effect to be given
to a proposed Agreement for the reciprocal Enforcement
of Maintenance Orders (including Affiliation Orders) as
between the State and Britain and Northern Ireland.
It is envisaged that the Agreement will come into op-
eration after the Bill is enacted and the (British) Main-
tenance Orders (Reciprocal Enforcement) Act, 1972,
has been applied by an Order in Council in relation
to Maintenance Orders made in the State.
2. The proposed Agreement will be an interim one
pending accession by the new member States to the
EEC Convention on Jurisdiction and the Enforcement
of Judgments in Civil and Commercial Matters, which
came into force between the original six members
States of the EEC on 1st February, 1973. The Con-
vention provides for the reciprocal recognition and en-
forcement throughout the Community of judgments
of the Courts of Member States in certain civil and com-
mercial cases (including maintenance and affiliation
proceedings) and for this purpose prescribes rules of
jurisdiction to be observed by those courts. The
new Member States are obliged by the Treaty of Ac-
cession to accede to the Convention in due course, sub-
ject to negotiation of the necessary adjustments. These
negotiations are proceeding but it is not expected that
accession can take place before 1976.
3. The Agreement will provide an opportunity to
see how the EEC Convention will operate in practice
between the State and Britain and Northern Ireland
in relation to Maintenance Orders. Accordingly, the
text of the Bill follows, as far as practicable and ap-
propriate, the recognition and enforcement provisions
of the Convention. For convenient reference, an English
translation of the Convention is set out in the Appen-
dix to this memorandum.
4. The main features of the Bill are—
(1) It will apply to Maintenance Orders made eith®
r
before or after it comes into operation but not
35
regards arrears accrued before then
(section
(2) British and Northern Ireland Maintenance Order
5
will be enforced in the State with a minim®
111
of formality. The decision whether or not
t0
order enforcement will be taken by the Mas
l
®
r
of the High Court on the basis of his
consi®'
eration, privately, of a certified copy of
111
Maintenance Order and supporting docume®
sent to him through the appropriate authority
1
the jurisdiction concerned (
section 6).
(3) An appeal can be taken against the Master's enf
0
^
cement order in the High Court. During the ti®
1
allowed for appeal no measures of execution m
3
'
be taken against the property of the party aga®
1
whom enforcement is sought
(section
7). Th
er
®
is a similar right of appeal where the Master r®
fuses to make an enforcement order
(section
(4) Enforcement will be mandatory except in thr
ee
specific instances, i.e. (a) where recognition or e®
forcement would be contrary to public poli®^
(b) where, in the case of an order made in
fault of appearance, the defendant was not
serV
j,
e
with notice of the proceedings in time to ena®
him to defend them and finally, (c) where the o®^
der would be irreconcilable with a judgm®_^
given in a dispute between the same parties
the State
(section
9).
,
(5) The actual enforcement will be effected by
1
District Court. Maintenance payments will
made to the District Court Clerk for transmissi
0
^
to the creditor (e.g., a deserted wife or unmar®
1
®
mother) or to a public authority authorised
her to receive the payments. If the debtor ®
faults, the clerk will, if requested by the ere
itor, take proceedings to enforce the or®
(section
14).
186