The Magistrates’ Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011

• Citation: S.I. 2011/1329
• Sections: 94

Section 1 Citation and commencement

These Rules may be cited as the Magistrates’ Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011 and shall come into force on 18th June 2011.

Section 2 Interpretation

In these Rules—

“the 1950 Act” means the Maintenance Orders Act 1950 ;

“the 1958 Act” means the Maintenance Orders Act 1958 ;

“the 1972 Act” means the Maintenance Orders (Reciprocal Enforcement) Act 1972 ;

“the 1980 Act” means the Magistrates’ Courts Act 1980;

“the 1986 Act” means the Family Law Act 1986 ;

“the 1989 Act” means the Children Act 1989 ;

“the 1996 Act” means the Family Law Act 1996 ;

“the FPR” means the Family Procedure Rules 2010 ;

“ designated officer ” has the meaning given in section 37(1) of the Courts Act 2003 ;

“ justices’ clerk ” has the meaning given in section 27(1) of the Courts Act 2003 ;

“ legal representative ” means a—

barrister;

solicitor;

solicitor’s employee;

manager of a body recognised under section 9 of the Administration of Justice Act 1985 ; or

a person who, for the purposes of the Legal Services Act 2007 is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act),

who has been instructed to act for a party in relation to proceedings;

“ the Forms Practice Direction ” means the practice direction issued by the Lord Chief Justice listing the forms to be used in relation to the matters to which provisions in these Rules relate;

“ the register ” means the register kept in accordance with rule 66 of the Magistrates’ Courts Rules 1981 ; and

“ statement of truth ” means a statement as follows “[I believe] [the applicant believes] that the facts stated in this document are true.”.

Section 3 Application of these Rules

(1) These Rules apply to the proceedings referred to in rules 4 to 81 in a magistrates’ court.

(2) Nothing in these Rules is to be construed as conferring upon a magistrate a function which a magistrate is not permitted by statute to perform.

Section 4 Application of this Chapter

This Chapter applies in respect of Parts 3 and 4, rule 54, Chapter 2 of Part 5 and rules 73, 77 and 79.

Section 5 The overriding objective

(1) The provisions to which this Part applies have the overriding objective of enabling the court to deal with cases justly, having regard to any welfare issues involved.

(2) Dealing with a case justly includes, so far as is practicable—

(a) ensuring that it is dealt with expeditiously and fairly;

(b) dealing with the case in ways which are proportionate to the nature, importance and complexity of the issues;

(c) ensuring that the parties are on an equal footing;

(d) saving expense; and

(e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases.

Section 6 Application by the court of the overriding objective

The court must seek to give effect to the overriding objective when it—

(a) exercises any power given to it by the provisions to which this Part applies; or

(b) interprets any such provision.

Section 7 Duty of the parties

The parties are required to help the court to further the overriding objective.

Section 8 Court’s duty to manage cases

(1) The court must further the overriding objective by actively managing cases.

(2) Active case management includes—

(a) encouraging the parties to co-operate with each other in the conduct of the proceedings;

(b) identifying at an early stage—

(i) the issues; and

(ii) who should be a party to the proceedings;

(c) deciding promptly—

(i) which issues need full investigation and hearing and which do not; and

(ii) the procedure to be followed in the case;

(d) deciding the order in which issues are to be resolved;

(e) encouraging the parties to use an alternative dispute resolution procedure if the court considers that appropriate and facilitating the use of such procedure;

(f) helping the parties to settle the whole or part of the case;

(g) fixing timetables or otherwise controlling the progress of the case;

(h) considering whether the likely benefits of taking a particular step justify the cost of taking it;

(i) dealing with as many aspects of the case as it can on the same occasion;

(j) dealing with the case without the parties needing to attend at court;

(k) making use of technology; and

(l) giving directions to ensure that the case proceeds quickly and efficiently.

Section 9 The court’s general powers of management

(1) In this rule—

“ disclosure ” means stating that a document exists or has existed;

“ hearing ” includes a directions appointment;

“inspection” of a document occurs when a party is permitted to inspect a document disclosed by another person.

(2) For the purposes of the references to disclosure and inspection in this rule—

“ document ” means anything in which information of any description is recorded; and

“ copy ” in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly.

(3) The list of powers in this rule is in addition to any powers given to the court by any other rule or practice direction or by any other enactment or any powers it may otherwise have.

(4) Except where any provision to which this rule applies provides otherwise, the court may—

(a) extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired);

(b) make such order for disclosure and inspection, including specific disclosure of documents, as it thinks fit;

(c) adjourn or bring forward a hearing;

(d) require a party or a party’s legal representative to attend the court;

(e) hold a hearing and receive evidence by telephone or by using any other method of direct oral communication;

(f) direct that part of any proceedings be dealt with as separate proceedings;

(g) consolidate proceedings;

(h) hear two or more applications on the same occasion;

(i) direct a separate hearing of any issue;

(j) decide the order in which issues are to be heard;

(k) exclude an issue from consideration;

(l) dismiss or give a decision on an application after a decision on a preliminary issue;

(m) direct any party to file and serve an estimate of costs; and

(n) take any other step or make any other order for the purpose of managing the case and furthering the overriding objective.

(5) When the court makes an order, it may—

(a) make it subject to conditions, including a condition to pay a sum of money into court; and

(b) specify the consequences of failure to comply with the order or a condition.

(6) Where the court gives directions, it will take into account whether or not a party has complied with any relevant pre-action protocol (being a statement of best practice about pre-action conduct which has been approved by the Lord Chief Justice and which is annexed to a practice direction).

(7) A power of the court under the provisions to which this Part applies to make an order includes a power to vary or revoke the order.

(8) Any provision to which this Part applies—

(a) requiring or permitting directions to be given by the court is to be taken as including provision for such directions to be varied or revoked; and

(b) requiring or permitting a date to be set is to be taken as including provision for that date to be changed or cancelled.

Section 10 Designated officer’s power to refer to the court

Where in any provision to which this Part applies a step is to be taken by a designated officer the designated officer may consult the court before taking that step.

Section 11 General power of the court to rectify matters where there has been an error of procedure

Where there has been an error of procedure such as a failure to comply with a rule or a practice direction—

(a) the error does not invalidate any step taken in the proceedings unless the court so orders; and

(b) the court may make an order to remedy the error.

Section 12 Forms

(1) The forms referred to in the provisions to which this Chapter applies and in the Forms Practice Direction must be used in the cases to which they apply.

(2) A form may be varied by the court or a party if the variation is required by the circumstances of a particular case.

(3) A form must not be varied so as to leave out any information or guidance which the form gives to the recipient.

(4) Where the provisions to which this Part applies require a form to be sent by the court or by a party for another party to use, it must be sent without variation except such as is required by the circumstances of the particular case.

Section 13 Documents to be attached to a form

Subject to any provision to which this Part applies, unless the court directs otherwise, a form must have attached to it any documents which, in the form, are—

(a) stated to be required; or

(b) referred to.

Section 14 Power of the single justice to perform functions conferred on the court by rules 4 to 13

Where—

(a) by virtue of section 65 of the 1980 Act the proceedings are treated by the court as family proceedings; and

(b) rules 4 to 13 provide for a court to perform any function,

that function may be performed by a single justice of the peace except that such a justice cannot perform the functions referred to in rule 9(4)(k) and (l), 9(5)(a) and 9(6).

Section 15 Power of a justices’ clerk to perform functions conferred on the court by rules 4 to 13

Where rules 4 to 13 provide for a court to perform any function, that function may be performed by a justices’ clerk except that such a justices’ clerk cannot perform the functions referred to in rule 9(4)(k) and (l).

(Provision in respect of the enforcement of a magistrates’ court maintenance order, or an order enforceable as a magistrates’ court maintenance order is made in the Magistrates’ Courts Rules 1981.)

Section 16 Application of this Chapter

This Chapter applies in respect of rules 50 to 53, 69, 71, 74 to 76, 78 and 80.

Section 17 Power of the single justice where the FPR are applied

Where proceedings are not treated by the court as family proceedings by virtue of section 65 of the 1980 Act, rule 2.5 of the FPR will not apply in respect of the powers of the single justice.

Section 18 Power of a justices’ clerk where the FPR are applied

(1) Subject to the Justices’ Clerks Rules 2005 , a justices’ clerk may perform all the functions which a single justice may perform in accordance with rule 2.5(1)(c)(ii) of the FPR.

(2) Where a justices’ clerk—

(a) is performing the function of a single justice in accordance with paragraph (1); and

(b) considers, for whatever reason, that it is inappropriate to perform the function,

the justices’ clerk must refer the matter to the magistrates’ court which may perform the function.

(3) Paragraph (1) applies irrespective of whether proceedings are treated by the court as family proceedings by virtue of section 65 of the 1980 Act.

Section 19 Delegation by justices’ clerk

(1) Anything authorised to be done by, to or before a justices’ clerk under these Rules may be done instead by, to or before an assistant clerk where the assistant clerk has been specifically authorised in writing by the justices’ clerk for that purpose.

(2) In this rule “ assistant clerk ” has the meaning assigned to it by section 27 of the Courts Act 2003.

Section 20 Interpretation

(1) In this Part—

“ appropriate officer of the High Court ” means the District Judge of the Principal Registry of the Family Division of the High Court or the district judge of the relevant district registry;

“ certified copy ” means a copy order certified by the designated officer of the court to be a true copy of the order or of the official record of the order; and

“ maintenance order ” has the meaning assigned in section 16(2) of the 1950 Act .

(2) References in Chapter 3 of this Part to the clerk of the court by which the order was made are to be construed, in relation to a maintenance order made by a county court in Northern Ireland, as references to the Chief Clerk for the appropriate county in Northern Ireland.

Section 21 Procedure under Part 2 of the 1950 Act in relation to a maintenance order made by a magistrates’ court in England and Wales

(1) An application under Part 2 of the 1950 Act for the registration in a court in Scotland or Northern Ireland of a maintenance order made by a magistrates’ court in England and Wales—

(a) may be made either orally or in writing; and

(b) must be made to a justice or justices acting in the same place as the court which made the order.

(2) Unless the applicant appears in person, the applicant must file with the court a document verified by a statement of truth signed by the applicant or the applicant’s legal representative which states—

(a) the address of the person liable to make payments under the order;

(b) the reason why it is convenient that the order should be enforced in Scotland or Northern Ireland, as the case may be;

(c) unless a certificate of arrears is lodged under section 20 of the 1950 Act, the amount of any arrears due under the order;

(d) that the order is not already registered under Part 2 of the 1950 Act.

(3) If it appears to the justice that the person liable to make payments under the order resides in Scotland or Northern Ireland and that it is convenient that the order should be enforceable there, the designated officer for the court which made the order will send to the sheriff-clerk of the sheriff court in Scotland or to the clerk of the court of summary jurisdiction in Northern Ireland (as the case may be) having jurisdiction in the place in which the person liable to make payments under the order appears to be—

(a) a certified copy of the order;

(b) the certificate of arrears or the document referred to in paragraph (2) (if there is any such document);

(c) if no document referred to in paragraph (2) has been lodged, written notice of the address of the person liable to make payments under the order.

(4) A memorandum of any proceedings taken under paragraph (1) must be entered in the register.

(5) The designated officer for the court which made the order must, on receipt of notice under section 17(4) of the 1950 Act of the registration of the order, enter a memorandum of that notice in the register.

(6) The designated officer for the court which made the order is the prescribed officer for the purposes of section 17(4) of the 1950 Act.

Section 22 Application under section 22 of the 1950 Act to adduce evidence: maintenance order made by a magistrates’ court in England and Wales

(1) An application to a magistrates’ court in England and Wales under section 22(5) of the 1950 Act to adduce evidence in connection with a maintenance order made by that court and registered in a court in Scotland or Northern Ireland may be made orally.

(2) The application may be made, and the proceedings heard, without notice to the respondent.

(3) The court in which the application is made must ensure that a transcript or summary of any evidence taken is sent to the clerk of the court in which the order is registered.

(4) The designated officer for the court in England and Wales which made the maintenance order will be the prescribed officer to whom any transcript or summary of evidence adduced in the court in Scotland or Northern Ireland under section 22(5) of the 1950 Act must be sent.

Section 23 Variation of a maintenance order made by a magistrates’ court in England and Wales: section 22(1) of the 1950 Act

(1) Where a maintenance order made by a magistrates’ court in England and Wales and registered in a court in Scotland or Northern Ireland is varied under section 22(1) of the 1950 Act by the court in which it is registered—

(a) the designated officer for the court which made the order will be the prescribed officer to whom, under section 23(1) of the 1950 Act , notice of the variation must be given;

(b) on receipt of a notice under section 23(1) of the 1950 Act, the designated officer must enter a memorandum of that notice in the register.

(2) Where a maintenance order made by a magistrates’ court in England and Wales and registered in a court in Scotland or Northern Ireland is discharged or varied by the court which made it, the designated officer for the court which made the order must give notice of the discharge or variation to the clerk of the court in which the order is registered by sending a certified copy of the order discharging or varying the maintenance order.

Section 24 Cancellation of registration of a maintenance order made by a magistrates’ court in England and Wales: section 24 of the 1950 Act

(1) An application under section 24(2) of the 1950 Act for the cancellation of the registration of a maintenance order made by a magistrates’ court in England and Wales and registered in a court in Scotland or in Northern Ireland—

(a) may be made orally or in writing by the person liable to make the payments under the order; and

(b) must be made to a justice acting in the same place as the court which made the order.

(2) Unless the applicant appears in person, the applicant must file with the court a document verified by a statement of truth signed by the applicant or the applicant’s legal representative stating the facts relied upon in support of the application.

(3) If it appears to the justice dealing with the application that the person liable to make payments under the order has ceased to reside in Scotland or Northern Ireland (as the case may be), the designated officer for the court which made the order must send notice to that effect to the clerk of the court in which the order is registered.

(4) On the cancellation of the registration of an order, the designated officer for the court in England and Wales which made the order is the prescribed officer to whom, under section 24(3)(a) of the 1950 Act , notice of the cancellation must be given.

(5) On receipt of notice of the cancellation of the registration of an order, the designated officer must enter a memorandum of that notice in the register.

Section 25 Procedure under Part 2 of the 1950 Act in relation to a maintenance order made by a court in Scotland or Northern Ireland

(1) The designated officer for the magistrates’ court specified in section 17(3)(b) of the 1950 Act will be the prescribed officer for the purpose of section 17(2) of the 1950 Act.

(2) On receipt, further to section 17 of the 1950 Act, of a certified copy of a maintenance order made by a court in Scotland or Northern Ireland, the designated officer must—

(a) enter a memorandum of that order in the register; and

(b) send written notice that the order has been so registered to the clerk of the court by which the order was made.

Section 26 Payments in respect of a maintenance order registered in a magistrates’ court in England and Wales

(1) This rule applies where in exercise of—

(a) the duty imposed by section 19(2) of the 1950 Act; or

(b) the powers conferred by section 18(2ZA) or 22(1A) or (1E) of the 1950 Act,

a magistrates’ court in England and Wales orders that payments under a maintenance order registered in that court are to be made by a particular means.

(2) The justices’ clerk must record on a copy of the order the means of payment which the court has ordered.

(3) As soon as practicable, the designated officer must notify in writing the person liable to make payments under the order of how payments are to be made.

(4) Where the court orders payment to the designated officer for the court, or to the designated officer for any other magistrates’ court, by a method of payment falling within section 59(6) of the 1980 Act (standing order etc.), the designated officer to whom payments are to be made must notify the person liable to make the payments under the order of sufficient details of the account into which the payments should be made to enable payments to be made into that account.

(5) Where, under section 60(4) of the 1980 Act as modified by section 22(1E) of the 1950 Act, the court receives an application from an interested party for the method of payment to be varied—

(a) the designated officer must, as soon as practicable, notify in writing that interested party and, where practicable, any other interested party, of the result of the application, including any decision to refer the matter to the court; and

(b) where the justices’ clerk grants the application, the justices’ clerk must record the variation on a copy of the order.

Section 27 Application under section 21(2) of the 1950 Act to adduce evidence: maintenance order made by the Court of Session and registered in a magistrates’ court in England and Wales

(1) An application to a magistrates’ court under section 21(2) of the 1950 Act to adduce evidence in connection with a maintenance order made by the Court of Session and registered in the magistrates’ court under Part 1 of the 1958 Act by virtue of section 1(2) of that Act may be made orally.

(2) The complaint may be made, and the proceedings heard, without notice to the respondent.

(3) The court in which the application is made must ensure that a transcript or summary of any evidence taken is sent to the Deputy Principal Clerk of Session.

Section 28 Variation of a maintenance order registered in a magistrates’ court in England and Wales: section 22(1) of the 1950 Act

(1) An application under section 22(1) of the 1950 Act for the variation of the rate of the payments under a maintenance order registered under Part 2 of the 1950 Act in a magistrates’ court in England and Wales must be made by way of complaint in accordance with the 1980 Act.

(2) When the complaint is made, a summons may be issued directed to any person to whom the justice to whom the complaint is made may consider proper to answer it.

(3) Where the maintenance order is varied, the designated officer must—

(a) give notice of the variation to the clerk of the court in Scotland or Northern Ireland by which the order was made; and

(b) if the order is registered in the High Court under Part 1 of the 1958 Act by virtue of section 1(2) of that Act, give notice of the variation to the appropriate officer of the High Court,

by sending to the clerk of the court and, where necessary, the appropriate officer of the High Court, a certified copy of the order of variation.

(4) Where a maintenance order registered under Part 2 of the 1950 Act in a magistrates’ court is discharged or varied by any other court, the designated officer for the court in which it is registered will be the prescribed officer to whom, under section 23(1)(a) of the 1950 Act, notice of the discharge or variation must be given.

(5) On receipt of a certified copy of an order discharging or varying the registered order, the designated officer must enter a memorandum of that order in the register.

Section 29 Application under section 22(5) of the 1950 Act to adduce evidence: maintenance order registered in England and Wales

(1) An application to a magistrates’ court in England and Wales under section 22(5) of the 1950 Act to adduce evidence in connection with a maintenance order registered in that court may be made orally.

(2) The application may be made, and the proceedings heard, without notice to the respondent.

(3) The court in which the application is made must ensure that a transcript or summary of any evidence taken is sent to the clerk of the court in Scotland or Northern Ireland by which the order was made.

(4) The designated officer for the court in England and Wales in which the maintenance order is registered will be the prescribed officer under section 22(5) of the 1950 Act to whom any transcript or summary of evidence adduced in the court in Scotland or Northern Ireland by which the order was made must be sent.

Section 30 Cancellation of registration of a maintenance order registered in a magistrates’ court in England and Wales: section 24 of the 1950 Act

(1) An application under section 24(1) of the 1950 Act for the cancellation of the registration of a maintenance order registered under Part 2 of the 1950 Act in a magistrates’ court in England and Wales must—

(a) be made to the designated officer for the court in which the maintenance order is registered;

(b) be made in writing and state the date of the registration of the order; and

(c) have attached to it a copy of the order the registration of which it is sought to cancel.

(2) Where the designated officer cancels the registration of the maintenance order, the designated officer must send written notice of the cancellation—

(a) to the clerk of the court by which the order was made; and

(b) where the order is registered in the High Court under Part 1 of the 1958 Act by virtue of section 1(2) of that Act, to the appropriate officer of the High Court.

(3) Where a maintenance order is registered under Part 2 of the 1950 Act in a magistrates’ court in England and Wales, the designated officer for the court in which the order is registered will be the prescribed officer to whom notice must be sent under section 24(2) of the 1950 Act that the person liable to make the payments under the order has ceased to reside in England and Wales.

(4) On receipt of a notice referred to in paragraph (3), the designated officer must—

(a) cancel the registration of the order; and

(b) send written notice of the cancellation to—

(i) the clerk of the court by which the order was made; and

(ii) where the order is registered in the High Court under Part 1 of the 1958 Act by virtue of section 1(2) of that Act, to the appropriate officer of the High Court.

(5) Where the designated officer for a magistrates’ court in which a maintenance order is registered under Part 1 of the 1958 Act receives a notice of cancellation under section 24(3) of the 1950 Act from the appropriate officer of the High Court, the designated officer must—

(a) ensure that the particulars of the notice are entered in the register;

(b) cancel the registration under Part 1 of the 1958 Act; and

(c) give notice of the cancellation to, the appropriate officer of the court in Scotland or Northern Ireland which made the order, being—

(i) the Deputy Principal Clerk of Session, in the case of the Court of Session; or

(ii) the Chief Registrar of the Queen’s Bench Division (Matrimonial), in the case of the High Court of Justice in Northern Ireland.

Section 31 Notices under section 19(4) of the 1950 Act

(1) A notice under section 19(4) of the 1950 Act that the payments under a maintenance order made by a sheriff court in Scotland or a court of summary jurisdiction in Northern Ireland have become payable through or to any officer or person will be in the form number 1 in Schedule 1.

(2) The notice referred to in paragraph (1) must be sent by recorded delivery by the designated officer to the person liable to make the payments under the order at that person’s last known address.

(3) A notice under section 19(4) of the 1950 Act that the payments under a maintenance order made by a magistrates’ court in England and Wales have, on its registration under Part 2 of the 1950 Act in a court in Scotland or Northern Ireland, ceased to be payable through or to any officer or person will be in the form number 2 in Schedule 1.

(4) The notice referred to in paragraph (3) must be sent by recorded delivery by the designated officer for the court in England and Wales to the person liable to make payments under the order at that person’s last known address.

Section 32 Certificates under section 20(1) of the 1950 Act

A certificate lodged under section 20(1) of the 1950 Act as to the amount of any arrears due under a maintenance order made by a magistrates’ court in England and Wales will be in the form number 3 in Schedule 1.

Section 33 Notices under section 24 of the 1950 Act

(1) A notice under section 24(5) or (5A) of the 1950 Act of the cancellation of the registration under Part 2 of the 1950 Act of a maintenance order in a magistrates’ court in England and Wales will be in the form number 4 in Schedule 1.

(2) The notice referred to in paragraph (1) must be sent by recorded delivery by the designated officer for the court which cancelled the registration to the person liable to make the payments under the order at that person’s last known address.

Section 34 Interpretation

(1) Section 1(3) of the 1958 Act applies to the interpretation of Chapter 2 of this Part as it applies to the interpretation of Part 1 of the 1958 Act.

(2) Section 21 of the 1958 Act applies to the interpretation of this Part as it applies to the interpretation of the 1958 Act.

(3) In this Part, “ appropriate officer of the original court ” means—

(a) the Sheriff-clerk, in the case of a sheriff court in Scotland;

(b) the clerk of petty sessions, in the case of a magistrates’ court in Northern Ireland;

(c) the Deputy Principal Clerk of Session, in the case of the Court of Session;

(d) the Chief Registrar of the Queen’s Bench Division (Matrimonial), in the case of the High Court of Justice in Northern Ireland.

(4) In this Part any reference to “ the administering court ” in relation to a maintenance order is a reference to the magistrates’ court—

(a) which made the maintenance order;

(b) in which the maintenance order is registered under the 1958 Act, under Part 2 of the 1950 Act or under the Maintenance Orders (Facilities for Enforcement) Act 1920 ; or

(c) by which the maintenance order was confirmed under the Maintenance Orders (Facilities for Enforcement) Act 1920.

Section 35 Applications for registration under section 2(3) of the 1958 Act

An application under section 2(3) of the 1958 Act for the registration in the High Court of a magistrates’ courts order need not be in writing or on oath.

Section 36 Manner in which a magistrates’ court is to be satisfied as to various matters

(1) An applicant wishing to show, in accordance with section 2A(1) of the 1958 Act , that—

(a) the order to which the application relates, though deemed to have been made by a magistrates’ court in England and Wales, was in fact made in another part of the United Kingdom or a country or territory outside the United Kingdom; and

(b) by the law of that part or of that country or territory, interest is recoverable under the order,

may do so by producing the original court order or an authenticated copy of that order showing the date or time from which, and the rate at which, interest is so recoverable.

(2) For the purposes of paragraph (1), a copy is deemed to be authenticated if it purports to be certified by a judge or official of the court which made the original order to be a true copy of the original order, but it is not necessary to prove the signature or official position of the person appearing to have given such a certificate.

(3) Where an application for the registration in the High Court of a magistrates’ court order is granted, the court must be satisfied in the manner provided by paragraph (5) that no process for the enforcement of the order issued before the grant of the application remains in force.

(4) Where the court receives notice under section 5 of the 1958 Act , the court must be satisfied in the manner provided by paragraph (5) that no process for the enforcement of the order issued before the giving of the notice remains in force and that no proceedings for the variation of the order are pending in a magistrates’ court.

(5) For the purpose of satisfying the court as to the matters referred to in paragraphs (3) and (4)—

(a) if the person through or to whom payments are ordered to be made is the designated officer for a magistrates’ court, a certificate signed by the designated officer must be produced;

(b) in any other case, a document verified by a statement of truth from a Justice of the Peace must be produced.

Section 37 Receipt by a magistrates’ court of a notice of registration in the High Court of an order previously registered in a magistrates’ court

Where a magistrates’ court receives from the High Court notice of the registration in the High Court of an order made by a sheriff court in Scotland or a court of summary jurisdiction in Northern Ireland and previously registered in the magistrates’ court in accordance with section 17(4) of the 1950 Act, the designated officer for the court will enter the particulars of such a notice in the register.

Section 38 Copy of a magistrates’ court order sent to the High Court for registration

(1) Where—

(a) an application for the registration of a magistrates’ court order is granted; and

(b) the court is satisfied that no process issued for the enforcement of the order before the grant of the application remains in force,

the court will, in accordance with section 2(4)(c) of the 1958 Act, direct the designated officer to send a copy of the order, which is certified to be a true copy, to the appropriate officer of the High Court.

(2) Where the court is satisfied in accordance with rule 36 that interest is recoverable under the order in respect of which the application has been granted, the court will, in accordance with section 2A(1) of the 1958 Act, direct the designated officer to send, together with the certified copy of the order mentioned in paragraph (1), a certificate in respect of the interest so recoverable in the form numbered 1 in Schedule 2 to the appropriate officer of the High Court.

Section 39 Registration of a High Court or county court order in a magistrates’ court

Where a designated officer for a magistrates’ court, in accordance with section 2(2)(b) of the 1958 Act , receives from a court officer of the High Court or the county court a certified copy of a High Court or county court order, the designated officer will—

(a) register the order in the designated officer’s court by means of a memorandum in the register; and

(b) send written notice to the court officer of the High Court or the county court (as the case may be) that the order has been registered.

Section 40 Registration in a magistrates’ court of an order made in the Court of Session or in the High Court in Northern Ireland

Where a designated officer for a magistrates’ court, in accordance with section 2(2)(b) of the 1958 Act, receives from the appropriate officer of the original court in Scotland or Northern Ireland a certified copy of an order made by the Court of Session or by the High Court in Northern Ireland, the designated officer will—

(a) register the order in the designated officer’s court by means of a memorandum in the register; and

(b) send written notice to the appropriate officer of the High Court and to the appropriate officer of the original court that the order has been registered.

Section 41 Notices: payments made through a designated officer

(1) A notice under section 2(6ZC) of the 1958 Act that the payments under a High Court or county court order or an order made by the Court of Session or by the High Court in Northern Ireland have, on its registration in a magistrates’ court, become payable through the designated officer for a magistrates’ court will be given by the designated officer for the court of registration in the form numbered 2 in Schedule 2.

(2) Paragraphs (3) and (4) apply in relation to a notice under section 2(6ZC) of the 1958 Act that payments under—

(a) a magistrates’ court order; or

(b) an order which is registered in a magistrates’ court under Part 2 of the 1950 Act and which was made by—

(i) a sheriff court in Scotland; or

(ii) a court of summary jurisdiction in Northern Ireland,

have, on the registration of the order in the High Court, ceased to be payable to a designated officer for a magistrates’ court.

(3) The notice must be—

(a) given by the designated officer for the administering court; and

(b) in form numbered 3 in Schedule 2.

(4) Where payments have been made through a designated officer other than the designated officer for the administering court, the designated officer for the administering court must send a copy of the notice to the designated officer through whom payments have been made.

(5) Paragraphs (6) and (7) apply in relation to a notice under section 5(5)(b) of the 1958 Act that the registration in a magistrates’ court of an order of the High Court, a county court, the Court of Session or the High Court in Northern Ireland has been cancelled and that payments under the order have ceased to be payable through a designated officer for a magistrates’ court.

(6) The notice must be—

(a) given by the designated officer for the court of registration; and

(b) be in the form numbered 4 in Schedule 2.

(7) Where payments have been payable through a designated officer other than the designated officer for the court of registration, the designated officer for the court of registration must send a copy of the notice to the designated officer through whom payments have been payable.

(8) A notice given in accordance with this rule must be served personally on to the person liable to make payments under the order to which the notice relates or sent by post to that person at that person’s last known address.

Section 42 Method of payment

(1) This rule applies where the court exercises its duties or powers under section 2(6ZA), 3(2A) or (2B) or 4(2A), (5A) or (5B) of the 1958 Act .

(2) Where the court orders that payments under a registered order are to be made by a particular means—

(a) the justices’ clerk will record on a copy of the order the means of payment which the court has ordered; and

(b) as soon as practicable, the designated officer will notify in writing the person liable to make payments under the order, how payments are to be made.

(3) Paragraph (4) applies where the court orders that payments be made—

(a) by the debtor to the creditor;

(b) by the debtor to the designated officer for the court; or

(c) to the designated officer for any other court,

by a method of payment falling within section 59(6) of the 1980 Act.

(4) The designated officer to whom payments are to be made must notify the person liable to make payments under the order of sufficient details of the account into which the payments should be made to enable payments to be made into that account.

Section 43 Variation of method of payment

(1) This rule applies where, under section 60(4) of the 1980 Act as applied by section 4(5A) of the 1958 Act or as modified by section 4(5B) of the 1958 Act, the designated officer receives an application from an interested party for the method of payment to be varied.

(2) The designated officer must as soon as practicable notify in writing the interested party who made the application and, where practicable, any other interested party, of the result of the application including any decision to refer the matter to the court.

(3) Where the justices’ clerk grants the application, the justices’ clerk must record the variation on a copy of the order.

Section 44 Notice of variation, remission, discharge or cancellation of registration by a magistrates’ court of a registered order

(1) Where, under section 4(2) of the 1958 Act , a High Court or county court order registered in a magistrates’ court is varied by a magistrates’ court, the designated officer for the magistrates’ court making the variation must give notice of the variation to the High Court or county court, as the case may be.

(2) Where, under section 4(4) of the 1958 Act, an application for the variation of a High Court or county court order registered in a magistrates’ court is remitted to the original court by a magistrates’ court, the designated officer for the remitting court must give notice of the remission to the High Court or county court, as the case may be.

(3) Where, under section 5(4) of the 1958 Act, the registration of a High Court or county court order in a magistrates’ court is cancelled by the court of registration, the designated officer for the court of registration must give notice of cancellation to the High Court or county court, as the case may be, stating (if applicable) that the cancellation is in consequence of a notice given under section 5(1) of the 1958 Act.

(4) Where under section 5(4) of the 1958 Act the registration in a magistrates’ court of an order made in the Court of Session or the High Court in Northern Ireland is cancelled by that magistrates’ court, the designated officer for that magistrates’ court must give notice of the cancellation to—

(a) the appropriate officer of the original court; and

(b) where the order is registered by virtue of Part 2 of the 1950 Act, to the appropriate officer of the High Court.

(5) Where under section 5(4) of the 1958 Act the registration in a magistrates’ court of an order under Part 2 of the 1950 Act is cancelled by that magistrates’ court, the designated officer for that magistrates’ court must give notice of the cancellation to—

(a) the appropriate officer of the original court; and

(b) where the order is registered under Part 1 of the 1958 Act, to the appropriate officer of the High Court.

(6) Where a magistrates’ court order registered in the High Court is varied or discharged by a magistrates’ court, the designated officer for the magistrates’ court which varies or discharges the order must give notice of the variation or discharge to the High Court.

(7) Notice under this rule will be given by sending to the appropriate officer of the High Court or the registrar of the county court (as the case may be) a copy of the order in question, certified to be a true copy by the designated officer for the magistrates’ court.

(8) For the purposes of this rule, the appropriate officer of the High Court will be—

(a) in relation to a High Court order registered in a magistrates’ court, the officer to whom notice of registration was given under rule 39; or

(b) in relation to a magistrates’ court order registered in the High Court, the officer to whom a copy of the order was sent under rule 38.

(9) In the case of a High Court maintenance order, the notice referred to in paragraph (6) must be marked with the title and case number, if any.

(10) In the case of a county court maintenance order, any notice referred to in this rule must be marked with the complaint or application number.

(11) Where a magistrates’ court order registered in the High Court is discharged by a magistrates’ court and it appears to the magistrates’ court ordering the discharge that no arrears remain to be recovered, notice under section 5(3) of the 1958 Act must be given by an endorsement on the certified copy of the order of discharge referred to in paragraph (7).

Section 45 Notices received from the High Court or a county court or from a person entitled to payments

(1) Subject to paragraph (4), this rule applies where any notice is received—

(a) of the registration in the High Court of a magistrates’ court order;

(b) of the discharge or variation by the High Court or a county court of a High Court or county court order registered in a magistrates’ court;

(c) of the discharge or variation by the Court of Session or High Court in Northern Ireland of an order made by such a court and registered in a magistrates’ court;

(d) under section 5(1) or (2) of the 1958 Act.

(2) The designated officer for the magistrates’ court must register the notice in that officer’s court by means of a memorandum in the register.

(3) In the case of a notice under section 5(1) or (2) of the 1958 Act, the designated officer for the magistrates’ court must ensure that the person in possession of any warrant of commitment, issued but not executed, for the enforcement of the order is informed of the giving of that notice.

(4) Where any notice is received by a court that the registration of an order in the High Court has been cancelled under section 5(4) of the 1958 Act, the designated officer must enter the particulars of the notice in the register.

Section 46 Complaints for variation of High Court maintenance orders: jurisdiction

Rule 41 of the Magistrates’ Courts Rules 1981 applies to a complaint for the variation of a High Court or county court order registered in a magistrates’ court as if—

(a) the order were a magistrates’ court maintenance order made by the court of registration; and

(b) in paragraph (4) of that rule, for the words “shall cause” there were substituted “may cause”.

Section 47 Administering court to be informed of proceedings in a foreign court

(1) This rule applies where any decision is reached, or warrant of distress or commitment is issued, in pursuance of a complaint or application relating to a maintenance order or the enforcement of a maintenance order, being a complaint or application heard by a magistrates’ court other than the administering court.

(2) The designated officer for the magistrates’ court referred to in paragraph (1) must immediately send to the designated officer for the administering court an extract from the register containing a minute or memorandum of the decision, or the issue of the warrant, as the case may be.

(3) On receipt of the extract, the designated officer for the administering court must enter the minute or memorandum in the register for that officer’s court.

Section 48 Review of committals, etc.

(1) Paragraph (2) applies where, for the purposes of enforcing a maintenance order, a magistrates’ court has exercised its power to postpone the issue of a warrant of commitment under—

(a) section 77(2) of the 1980 Act; or

(b) section 18(3) or (5) of the 1958 Act ,

and, under the terms of the postponement, the warrant falls to be issued.

(2) The designated officer must—

(a) give notice to the defendant; and

(b) attach to that notice a copy of the form referred to in the Forms Practice Direction.

(3) An application under section 18(1) of the 1958 Act requesting that a warrant not be issued must be in the form referred to in the Forms Practice Direction and must be sent to the designated officer.

(4) For the purposes of section 18(2) of the 1958 Act, the period for the receipt by the designated officer of an application under section 18(1) of the 1958 Act is eight days beginning with the day on which the designated officer sends to the defendant the notice referred to in paragraph (2).

(5) Where the period of eight days referred to in paragraph (4) ends on a day when the court office is closed, an application received by the designated officer on the next day on which the court office is open will be made within time.

(6) An application under section 18(4) of the 1958 Act (requesting cancellation of a warrant of commitment which has been executed) must be in the form referred to in the Forms Practice Direction.

(7) Where an application by a defendant under section 18(1) or (4) of the 1958 Act is considered by the court, the designated officer must give notice of the decision of the court, if the person in question is not present—

(a) to the person in whose favour the maintenance order in question was made; and

(b) except where an application under section 18(1) of the 1958 Act is dismissed, to the defendant.

(8) Where, on considering an application by a defendant under section 18(4) of the 1958 Act, the court—

(a) makes an order under section 18(5)(b) of the 1958 Act for the cancellation of the warrant of commitment; or

(b) remits under section 18(6) of the 1958 Act the whole or any part of the sum in respect of which the warrant was issued,

the designated officer must immediately give written notice of the decision to the person in charge of the prison or other place in which the defendant is detained.

Section 49 Interpretation

(1) In this Chapter—

“ Hague Convention Country ” means a country listed in Schedule 1 to the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993 ;

“ payee ”, in relation to a maintenance order, means the person eligible to receive the payments for which the order provides;

“ payer ”, in relation to a maintenance order, means the person liable to make the payments for which the order provides; and

“ reciprocating country ” means a country to which Part 1 of the 1972 Act extends.

(2) In this Chapter, an expression defined in the 1972 Act has the meaning given to it in that Act.

Section 50 Confirmation of a provisional order made in a reciprocating country

(1) The FPR as modified by paragraph (2) shall apply to proceedings in a magistrates’ court for the confirmation of a provisional order made in a reciprocating country varying a maintenance order to which section 5(5) or 9(6) of the 1972 Act applies.

(2) The modification is that in rule 34.16, paragraph (6) is omitted.