The Rules of the Supreme Court (Amendment) 1974

6.  Order 104 shall be amended as follows:—

(1) In rule 1, after the definition of “the Act of 1971” there shall be inserted the following definition:—

““the Act of 1972” means the Maintenance Orders (Reciprocal Enforcement) Act 1972(1)”.

(2) After Part V there shall be added the following Part:—

“VI PROCEEDINGS UNDER THE ACT OF 1972

Interpretation

21.— (1) Expressions used in this Part of this Order which are used in the Act of 1972 have the same meaning as in that Act.

(2) For the purposes of sections 2(3), 5(4) and 14 of the Act of 1972 the prescribed officer (in this Part of this Order called “the registrar”) shall be—

(a) in the case of a maintenance order made in a cause or matter proceeding in a district registry, the registrar or one of the registrars of that registry;

(b) in any other case, a registrar of the principal registry;

and “registry” shall be construed accordingly.

Application for transmission of maintenance order to reciprocating country

22.   An application for a maintenance order to be sent to a reciprocating country under section 2 of the Act of 1972 shall be made by lodging in the registry—

(a) an affidavit by the applicant stating—

(i) the applicant's reasons for believing that the payer under the maintenance order is residing in that country, and

(ii) the amount of any arrears due to the applicant under the order, the date to which those arrears have been calculated and the date on which the next payment under the order falls due;

(b) a certified copy of the maintenance order;

(c) a statement giving such information as the applicant possesses as to the whereabouts of the payer;

(d) a statement giving such information as the applicant possesses for facilitating the identification of the payer (including, if known to the applicant, the name and address of any employer of the payer, his occupation and the date and place of issue of any passport of the payer), and

(e) if available to the applicant, a photograph of the payer.

Certification of evidence given on provisional order

23.   Where the High Court makes a provisional order under section 5 of the Act of 1972, the document required by subsection (4) of that section to set out or summarise the evidence given in the proceedings shall be authenticated by a certificate signed by the registrar.

Confirmation of provisional order

24.— (1) On receipt by the High Court of a certified copy of a provisional order made in a reciprocating country, together with the document mentioned in section 5(5) of the Act of 1972, the registrar shall fix a time and place for the Court to consider whether or not the provisional order should be confirmed, and shall send to the payee under the maintenance order notice of the time and place so fixed together with a copy of the provisional order and of that document.

(2) The registrar shall send to the court which made the provisional order a certified copy of any order confirming or refusing to confirm that order.

Taking of evidence for court in reciprocating country

25.— (1) The High Court shall be the prescribed court for the purposes of taking evidence pursuant to a request by a court in a reciprocating country under section 14 of the Act of 1972 where—

(a) the request for evidence relates to a maintenance order made by a superior court in the United Kingdom, and

(b) the witness resides in England and Wales.

(2) The evidence may be taken before a judge or officer of the High Court as the court thinks fit, and the provisions of Order 39 shall apply with the necessary modifications as if the evidence were required to be taken pursuant to an order made under rule 1 of that Order.

Notification of variation or revocation

26.   Where the High Court makes an order (other than a provisional order) varying or revoking a maintenance order a copy of which has been sent to a reciprocating country in pursuance of section 2 of the Act of 1972, the registrar shall send a certified copy of the order to the court in the reciprocating country.

Transmission of documents

27.   Any document required to be sent to a court in a reciprocating country under section 5(4) or section 14(1) of the Act of 1972 or by rule 24(2) or 26 shall be sent to the Secretary of State for transmission to that court unless the registrar is satisfied that, in accordance with the law of that country, the document may properly be sent by him direct to that court.”

(1)

1972 c. 18