The Gazette 1974

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)". 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 NOTE

Explanatory Memoranda to Legislation

MA I NTENANCE ORDERS ACT 1974

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).

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.

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