The Magistrates' Courts (Social Security Act 1986) (Transfer of Orders to maintain and Enforcement of Maintenance Orders) Rules 1990

• Citation: S.I. 1990/1909
• Sections: 4

Section 1

(1) These Rules may be cited as the Magistrates' Courts (Social Security Act 1986) (Transfer of Orders to maintain and Enforcement of Maintenance Orders) Rules 1990 and shall come into force on 15th October 1990.

(2) In these Rules, “personal allowance element”, “the dependent parent” and “the liable parent” have the same meaning as in section 24A of the Social Security Act 1986 (“the 1986 Act ”).

Section 2

Where under section 24A of the 1986 Act the Secretary of State gives notice in writing to a magistrates' court which has made an order under section 24(4) of that Act, transferring to a dependent parent (by virtue of subsection (3)) or transferring back from the dependent parent to himself (by virtue of subsection (7)) the right to receive the payments under the order (exclusive of any personal allowance element), the clerk of that court shall amend the order by substituting the name of the dependent parent for that of the Secretary of State or the name of the Secretary of State for that of the dependent parent, as appropriate.

Section 3

Where a clerk amends an order made under section 24(4) in accordance with rule 2 of these Rules, he shall—

(a) make a written record of the fact that, the circumstances in which and the date on which, he has done so, and shall keep it with the register kept under rule 66 of the Magistrates' Courts Rules 1981 ; and

(b) send a copy of the amended order, as soon as practicable, to the Secretary of State, the liable parent and the dependent parent.

Section 4

Where an application within paragraph (a) or (b) of section 24B(5) of the 1986 Act is made to a magistrates' court, the clerk of the court shall, after giving notice to the Secretary of State of any such application, notify the parties to the application that he has done so and that the Secretary of State is entitled to appear and be heard on the application.