10.—(1) This Rule applies where a complaint is made to a magistrates' court by a person who is domiciled or habitually resident in England and Wales against a person residing in a Contracting State other than the United Kingdom, and the complaint is one in respect of which the court has jurisdiction to make a maintenance order by virtue of Article 5(2) of the 1968 Convention.
(2) On the making of a complaint to which paragraph (1) of this Rule applies, the following documents, that is to say:—
(a)notice of the institution of the proceedings, including a statement of the grounds of the complaint;
(b)a statement signed by the justices' clerk, giving such information as he possesses as to the whereabouts of the defendant;
(c)a statement giving such information as the clerk possesses for facilitating the identification of the defendant; and
(d)where available, a photograph of the defendant;
shall be sent by that clerk to the Secretary of State.
(3) The justices' clerk shall give the defendant notice in writing of the date fixed for the hearing by sending the notice by post addressed to his last known or usual place of abode.
(4) Where the defendant makes any written representations or adduces any documentary evidence in advance of the hearing, a copy of the representations or evidence shall be served on the complainant by the justices' clerk before the hearing.
(5) In considering whether or not to make a maintenance order pursuant to a complaint to which paragraph (1) of this Rule applies, where the defendant does not appear and is not represented at the hearing the court shall take into account any representations made and any evidence adduced by him or on his behalf under paragraph (4) above and, where the defendant does appear or is represented at the hearing, the court may take any such representations or evidence into account in addition to any oral representations made or evidence adduced at the hearing.
(6) Where a maintenance order has been made under this Rule, the justices' clerk shall cause notice thereof to be given to the defendant by sending a copy of the order by post addressed to his last known or usual place of abode and, on application by the complainant, shall give to the complainant the following documents, that is to say:—
(a)a certified copy of the order;
(b)a written statement signed by the justices' clerk as to whether or not the defendant appeared in the proceedings in which the order was made, and, if he did not appear, the original or a certified copy of a document which establishes that the document mentioned in paragraph (2)(a) of this Rule had been served on the defendant;
(c)a document which establishes that notice of the order was sent to the defendant; and
(d)a written statement signed by the justices' clerk as to whether or not the complainant received legal aid in the proceedings;
with a view to an application being made by the complainant for registration and enforcement under Articles 31 and 32 of the 1968 Convention.
11.—(1) This Rule applies where an application is made to a magistrates' court for the variation or revocation of a maintenance order where the payer under the order is residing in a Contracting State other than the United Kingdom.
(2) Where an application to which this Rule applies is made by the payee, the following documents, that is to say:—
(a)Notice of the institution of the proceedings, including a statement of the grounds of the application;
(b)a statement signed by the justices' clerk, giving such information as he possesses as to the whereabouts of the defendant;
(c)a statement giving such information as the clerk possesses for facilitating the identification of the defendant; and
(d)where available, a photograph of the defendant;
shall be sent by that clerk to the Secretary of State.
(3) Where an application to which this Rule applies is made by the payee:—
(a)The justices' clerk shall give the defendant notice in writing of the date fixed for the hearing by sending the notice by post addressed to his last known or usual place of abode;
(b)where the defendant makes any written representations or adduces any documentary evidence in advance of the hearing, a copy of the representations or evidence shall be served on the complainant by the justices' clerk before the hearing;
(c)the court, in considering whether to vary or revoke the order, shall, where the payer does not appear and is not represented at the hearing, take into account any representations made and any evidence adduced by or on his behalf under sub-paragraph (b) above and, where the payer does appear or is represented at the hearing, the court may take any such representations or evidence into account, in addition to any oral representations or evidence adduced at the hearing.
(4) Where an application to which this Rule applies is made by the payer, the justices' clerk shall arrange for the service of the document mentioned in paragraph (2)(a) of this Rule on the payee.
(5) Where upon an application to which this Rule applies the court varies or revokes the order, the justices' clerk shall cause notice thereof to be given to the defendant by sending a copy of the order of variation or revocation by post addressed to his last known or usual place of abode and, on application by the complainant, shall give to the complainant the following documents, that is to say:—
(a)a certified copy of the order of variation or revocation;
(b)a written statement, signed by the justices' clerk as to whether or not the defendant appeared in the proceedings for the variation or revocation of the order and if he did not appear the original or a certified copy of a document which establishes that the notice of the institution of the proceedings had been served on the defendant;
(c)a document which establishes that notice of the order of variation or revocation was sent to the defendant; and
(d)a written statement signed by the justices' clerk as to whether or not the complainant or the defendant received legal aid in the proceedings;
with a view to an application being made by the complainant for registration and enforcement of the order of variation or revocation under Articles 31 and 32 of the 1968 Convention.
12.—(1) Without prejudice to the provisions of Rule 10(6) and Rule 11(5) of these Rules, a person wishing to obtain for the purposes of an application for recognition or enforcement in a Contracting State a copy of a maintenance order made by a magistrates' court in England and Wales, and a certificate giving particulars relating to the order and the proceedings in which it was made may apply in writing to the justices' clerk for that court.
(2) An application under paragraph (1) above shall specify:—
(a)the names of the parties to the proceedings in the magistrates' court;
(b)the date or approximate date of the proceedings in which the maintenance order was made, and the nature of those proceedings;
(c)the Contracting State in which the application for recognition or enforcement has been made or is to be made;
(d)the postal address of the applicant.
(3) A justices' clerk who receives an application under paragraph (1) of this Rule shall send by post to the applicant at the address indicated in the application for the purposes an authenticated copy of the order concerned.
(4) For the purposes of paragraph (3) of this Rule a copy of an order shall be deemed to be authenticated if it is accompanied by a statement signed by the justices' clerk that it is a true copy of the order concerned and giving particulars of the proceedings in which it was made.
(5) A person wishing to obtain for the purposes of an application made or to be made in another Contracting State or in another part of the United Kingdom in connection with a maintenance order which is registered in a magistrates' court in England and Wales a certificate giving particulars of any payments made and any arrears which have accrued under the order while so registered may apply in writing to the justices' clerk for the registering court, and a justices' clerk who receives such an application shall send by post to the applicant at the address indicated in the application for the purposes a certificate giving the information so requested.