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The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Miscellaneous Amendments) Rules 1993

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Transfer of Proceedings

2.—(1) Where—

(a)any proceedings are relevant proceedings within the meaning of section 93 of the Children Act 1989(1), and

(b)the justices' clerk or the court receives a request in writing from the resident party that the proceedings be transferred to another magistrates' court,

the justices' clerk or court shall issue a certificate in the appropriate form, granting or refusing the request in accordance with any Order made by the Lord Chancellor under Part I of Schedule 11 to the Children Act 1989.

(2) Where a request is granted under paragraph (1) the justices' clerk shall send a copy of the certificate—

(a)to the resident party,

(b)to the Lord Chancellor’s Department, and

(c)to the magistrates' court to which the proceedings are to be transferred.

(3) Any consent given or refused by a justices' clerk in accordance with any Order made by the Lord Chancellor under Part I of Schedule 11 shall be recorded in writing by the justices' clerk at the time it is given or refused or as soon as practicable thereafter.

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