The Magistrates' Courts (Maintenance Orders Act, 1958) Rules 1959

Notice of variation, remission, discharge or cancellation of registration by a magistrates' court of a registered order

7.—(1) Where a High Court or county court order registered in a magistrates' court is, under subsection (2) of section four of the Act, varied by a magistrates' court, the clerk of the last-mentioned court shall give notice of the variation to the High Court or county court, as the case may be.

(2) Where an application for the variation of a High Court or county court order registered in a magistrates' court is, under subsection (4) of section four of the Act, remitted to the original court by a magistrates' court, the clerk of the last-mentioned court shall give notice of the remission to the High Court or county court, as the case may be.

(3) Where the registration of a High Court or county court order in a magistrates' court is, under subsection (4) of section five of the Act, cancelled by the court of registration, the clerk of the last-mentioned court shall give notice of cancellation to the High Court or county court, as the case may be, stating, if such be the case, that the cancellation is in consequence of a notice given under subsection (1) of the said section five.

(4) Where a magistrates' court order registered in the High Court is varied or discharged by a magistrates' court, the clerk of the last-mentioned court shall give notice of the variation or discharge, as the case may be, to the High Court.

(5) Notice under the preceding provisions of this Rule shall 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 of variation, remission, cancellation or discharge, as the case may be, certified to be a true copy thereof by the clerk of the magistrates' court and marked, in the case of a High Court maintenance order, with the title and cause number, if any, and in the case of a county court maintenance order, with the plaint or application number.

(6) For the purposes of the preceding paragraph the appropriate officer of the High Court shall 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 4 of these Rules;

(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 3 of these Rules.

(7) Where a magistrates' court order registered in the High Court is discharged by a magistrates' court and it appears to the last-mentioned court that no arrears remain to be recovered, notice under subsection (3) of section five of the Act shall be given by an endorsement in the form numbered 12 in the Schedule to these Rules on the certified copy of the order of discharge referred to in paragraph (5) of this Rule.