The Rules of the Supreme Court (Amendment) 1975

5.  Order 104 shall be amended as follows:—

(1) In rule 21(1), after the words “that Act” there shall be added the words

“and in relation to a country or territory with respect to which as Order in Council has been made under section 40 of the Act of 1972 any reference in this Part of this Order to a provision of that Act is a reference to that provision as applied by the Order in Council”.

(2) After rule 27 there shall be added the following rule:—

“Application of Part VI to the Republic of Ireland

28.— (1) In relation to the Republic of Ireland rules 21 to 27 shall have effect subject to the provisions of this rule.

(2) The following paragraphs shall be added to rule 22:—

“(f) a statement as to whether or not the payer appeared in the proceedings in which the maintenance order was made and, if he did not, the original or a copy certified by the applicant or his solicitor to be a true copy of a document which establishes that notice of the institution of the proceedings was served on the payer;

(g) a document which establishes that notice of the order was sent to the payer; and

(h) if the payee received legal aid in the proceedings in which the order was made, a copy certified by the applicant or his solicitor to be a true copy of the legal aid certificate.”

(3) For rule 23 there shall be substituted the following rule:—

“Certification of evidence given on application for variation or revocation

23.   Where an application is made to the High Court for the variation or revocation of an order to which section 5 of the Act of 1972 applies, the certified copy of the application and the documents required by subsection (2) of that section to set out or summarise the evidence in support of the application shall be authenticated by a certificate signed by the registrar.”

(4) Rule 24 shall not apply.

(5) For rule 26 there shall be substituted the following rule:—

“Notification of variation or revocation

26.   Where the High Court makes an order varying or revoking a maintenance order to which section 5 of the Act of 1972 applies, the registrar shall send a certified copy of the order and a statement as to the service on the payer on the documents mentioned in subsection (2) of that section to the court in the Republic of Ireland by which the maintenance order is being enforced.”

(6) Rule 27 shall not apply.”