PART III

The Lugano Convention

17. —(1) For the purposes of this Part, unless the context otherwise requires—

“Contracting State” means a state respecting which the Lugano Convention has entered into force in accordance with Article 61 or 62 of that Convention;

“enforceable maintenance order” means—

(a) a maintenance order respecting all of which an enforcement order has been made, or

(b) if an enforcement order has been made respecting only part of a maintenance order, the maintenance order to the extent to which it is so ordered to be enforced;

“enforcement order” means an order for the recognition or enforcement of all or part of a judgment where the order—

(a) is made by the Master of the High Court under section 7 as applied by this section, or

(b) is made or varied on appeal from a decision of the Master of the High Court under section 7 as applied by this Part or from a decision of the High Court relating to the Master’s decision;

“judgment” means a judgment or order (by whatever name called) that is a judgment for the purposes of the Lugano Convention, and, except in sections 10 , 12 and 14 as applied by this Part, includes an instrument or settlement referred to in Title IV of that Convention;

“maintenance” means maintenance within the meaning of the Lugano Convention;

“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 relating to maintenance.

(2) The Minister for Foreign Affairs may, by order, declare—

(a) that any state specified in the order is a Contracting State, or

(b) that—

(i) a denunciation has been made pursuant to Article 64 of the Lugano Convention,

(ii) a declaration has been made pursuant to Article Ia, Ib, or IV of Protocol 1, or

(iii) a communication has been made pursuant to Article 63 of the Lugano Convention or Article VI of Protocol 1.

(3) The text of a denunciation, declaration or communication referred to in subsection (2)(b) shall be set out in the order declaring that the denunciation, declaration or communication has been made.

(4) An order that is in force under subsection (2) shall be—

(a) if made under subsection (2)(a), evidence that any state to which the declaration relates is a Contracting State, and

(b) if made under subsection (2)(b), evidence that the denunciation, declaration or communication, the text of which is set out in the order, was made and evidence of its contents.

(5) The Minister for Foreign Affairs may, by order, amend or revoke an order made under subsection (2) or this subsection.

(6) The definition of “judgment” in subsection (1) shall not be construed to limit the effect of Article 54b of the Lugano Convention.

18. —The Lugano Convention shall have the force of law in the State and judicial notice shall be taken of it.

19. —(1) Judicial notice shall be taken of relevant decisions delivered by courts of other Contracting States concerning the provisions of the Lugano Convention, and a court shall, when interpreting and applying those provisions, pay due account to the principles laid down in those decisions.

(2) Judicial notice shall be taken of the report prepared by Mr. P. Jenard and Mr. G. Möller on the Lugano Convention1 , and, when interpreting any provision of that Convention, a court may consider that report and shall give it the weight that is appropriate in the circumstances.

20. —(1) Sections 7 to 16 apply in relation to the application of the Lugano Convention in the State pursuant to section 18 as they apply in relation to the application, pursuant to section 5 , of the Conventions (as defined in section 4 ) with—

(a) the modifications set out in subsection (2), and

(b) any other necessary modifications.

(2) For the purposes of subsection (1),

(a) a reference in sections 7 to 16 to a numbered Article or Title of the 1968 Convention shall be construed as a reference to the corresponding Article or Title of the Lugano Convention,

(b) a reference in sections 7 to 16 to an instrument or settlement shall be construed as a reference to an instrument or settlement referred to in Title IV of the Lugano Convention, and

(c) a reference in sections 7 to 16 to a term defined in section 17 shall be construed in accordance with that section.

¹OJ No. C189 of 28. 7. 1990, p. 57.