Search Legislation

The Family Procedure Rules 2010

 Help about what version

What Version

 Help about opening options

Opening Options

Status:

This is the original version (as it was originally made).

SECTION 1Reciprocal enforcement of maintenance orders under Part 1 of the 1972 Act

Application for transmission of maintenance order to reciprocating country

34.14.  An application for a maintenance order to be sent to a reciprocating country under section 2 of the 1972 Act must be made in accordance with Practice Direction 34A.

Certification of evidence given on provisional orders

34.15.  A document setting out or summarising evidence is authenticated by a court in England and Wales by a certificate signed, as the case may be, by—

(a)one of the justices; or

(b)the District Judge (Magistrates’ Courts),

before whom that evidence was given.

(Section 3(5)(b), 5(4) and 9(5) of the 1972 Act require a document to be authenticated by the court.)

Confirmation of a provisional order made in a reciprocating country

34.16.—(1) This rule applies to proceedings for the confirmation of a provisional order made in a reciprocating country.

(2) Paragraph (3) applies on receipt by the court of—

(a)a certified copy of the order; and

(b)the documents required by the 1972 Act to accompany the order.

(3) On receipt of the documents referred to in paragraph (2)—

(a)the court must fix the date, time and place for a hearing or a directions appointment; and

(b)the court officer must send to the payer notice of the date, time and place fixed together with a copy of the order and accompanying documents.

(4) The date fixed for the hearing must be not less than 21 days beginning with the date on which the court officer sent the documents to the payer in accordance with paragraph (2).

(5) The court officer will send to the relevant court in the reciprocating country a certified copy of any order confirming or refusing to confirm the provisional order.

(6) This rule does not apply to the confirmation of a provisional order made in a reciprocating country varying a maintenance order to which sections 5(5) or 9(6) of the 1972 Act applies.

(Section 5(5) and 7 of the 1972 Act provide for proceedings for the confirmation of a provisional order.)

(Provision in respect of confirmation of a provisional order varying a maintenance order under the 1972 Act is in rules made under section 144 of the Magistrates’ Courts Act 1980).

(Rule 34.22 provides for the transmission of documents to a court in a reciprocating country.)

Consideration of revocation of a provisional order made by a magistrates’ court

34.17.—(1) This rule applies where—

(a)a magistrates’ court has made a provisional order by virtue of section 3 of the 1972 Act;

(b)before the order is confirmed, evidence is taken by the court or received by it as set out in section 5(9) of the 1972 Act; and

(c)on consideration of the evidence the court considers that the order ought not to have been made.

(Section 5(9) of the 1972 Act provides that a magistrates’ court may revoke a provisional order made by it, before the order has been confirmed in a reciprocating country, if it receives new evidence.)

(2) The court officer must serve on the person who applied for the provisional order (“the applicant”) a notice which must—

(a)set out the evidence taken or received by the court;

(b)inform the applicant that the court considers that the order ought not to have been made; and

(c)inform the applicant that the applicant may—

(i)make representations in relation to that evidence either orally or in writing; and

(ii)adduce further evidence.

(3) If an applicant wishes to adduce further evidence—

(a)the applicant must notify the court officer at the court which made the order;

(b)the court will fix a date for the hearing of the evidence; and

(c)the court officer will notify the applicant in writing of the date fixed.

Notification of variation or revocation of a maintenance order by the High Court or a county court

34.18.—(1) This rule applies where—

(a)a maintenance order has been sent to a reciprocating country in pursuance of section 2 of the 1972 Act; and

(b)the court makes an order, not being a provisional order, varying or revoking that order.

(2) The court officer must send a certified copy of the order of variation or revocation to the relevant court in the reciprocating country.

(Rule 34.22 provides for the transmission of documents to a court in a reciprocating country.)

Notification of confirmation or revocation of a maintenance order by a magistrates’ court

34.19.—(1) This rule applies where a magistrates’ court makes an order—

(a)not being a provisional order, revoking a maintenance order to which section 5 of the 1972 Act(1) applies;

(b)under section 9 of the 1972 Act, revoking a registered order; or

(c)under section 7(2) of the 1972 Act(2), confirming an order to which section 7 of that Act applies.

(2) The court officer must send written notice of the making, revocation or confirmation of the order, as appropriate, to the relevant court in the reciprocating country.

(3) This rule does not apply to a provisional order varying a maintenance order to which sections 5 or 9 of the 1972 Act apply.

(Section 5 of the 1972 Act applies to a provisional order made by a magistrates’ court in accordance with section 3 of that Act which has been confirmed by a court in a reciprocating country.)

(Provision in respect of notification of variation of a maintenance order by a magistrates’ court under the 1972 Act is made in rules made under section 144 of the Magistrates’ Courts Act 1980.)

(Rule 34.22 provides for the transmission of documents to a court in a reciprocating country.)

Taking of evidence for court in reciprocating country

34.20.—(1) This rule applies where a request is made by or on behalf of a court in a reciprocating country for the taking of evidence for the purpose of proceedings relating to a maintenance order to which Part 1 of the 1972 Act applies.

(Section 14 of the 1972(3) Act makes provision for the taking of evidence needed for the purpose of certain proceedings.)

(2) The High Court has power to take the evidence 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.

(3) The county court has power to take the evidence where—

(a)the request for evidence relates to a maintenance order made by a county court; and

(b)the maintenance order has not been registered in a magistrates’ court under the 1958 Act.

(4) The following magistrates’ courts have power to take the evidence, that is—

(a)where the proceedings in the reciprocating country relate to a maintenance order made by a magistrates’ court, the court which made the order;

(b)where the proceedings relate to an order which is registered in a magistrates’ court, the court in which the order is registered; and

(c)a magistrates’ court to which the Secretary of State sends the request to take evidence.

(5) A magistrates’ court not mentioned in paragraph (4) has power to take the evidence if the magistrates’ court which would otherwise have that power consents because the evidence could be taken more conveniently.

(6) The evidence is to be taken in accordance with Part 22.

Request for the taking of evidence by a court in a reciprocating country

34.21.—(1) This rule applies where a request is made by a magistrates’ court for the taking of evidence in a reciprocating country in accordance with section 14(5) of the 1972 Act.

(2) The request must be made in writing to the court in the reciprocating country.

(Rule 34.22 provides for the transmission of documents to a court in a reciprocating country.)

Transmission of documents

34.22.—(1) This rule applies to any document, including a notice or request, which is required to be sent to a court in a reciprocating country by—

(a)Part 1 of the 1972 Act; or

(b)Section 1 of Chapter 2 of this Part of these rules.

(2) The document must be sent to the Lord Chancellor for transmission to the court in the reciprocating country.

Method of payment under registered orders

34.23.—(1) Where an order is registered in a magistrates’ court in accordance with section 6(3) of the 1972 Act, the court must order that the payment of sums due under the order be made—

(a)to the court officer for the registering court; and

(b)at such time and place as the court officer directs.

(Section 6(3) of the 1972 Act makes provision for the registration of maintenance orders made in a reciprocating country.)

(2) Where the court orders payments to be made to the court officer, whether in accordance with paragraph (1) or otherwise, the court officer must send the payments—

(a)by post to either—

(i)the court which made the order; or

(ii)such other person or authority as that court, or the Lord Chancellor, directs; or

(b)if the court which made the order is a country or territory specified in the Practice Direction 34A—

(i)to the Crown Agents for Overseas Governments and Administrations for transmission to the person to whom they are due; or

(ii)as the Lord Chancellor directs.

(Practice Direction 34A contains further provisions relating to the payment of sums due under registered orders.)

Enforcement of payments under registered orders

34.24.—(1) This rule applies where a court has ordered periodical payments under a registered maintenance order to be made to the court officer.

(2) The court officer must take reasonable steps to notify the payee of the means of enforcement available.

(3) Paragraph (4) applies where periodical payments due under a registered order are in arrears.

(4) The court officer, on that officer’s own initiative—

(a)may; or

(b)if the sums due are more than 4 weeks in arrears, must,

proceed in that officer’s own name for the recovery of the sums due unless of the view that it is unreasonable to do so.

Notification of registration and cancellation

34.25.—(1) The court officer must send written notice to the Lord Chancellor of the due registration of orders registered in accordance with section 6(3), 7(5), or 10(4) of the 1972 Act.

(2) The court officer must, when registering an order in accordance with section 6(3), 7(5), 9(10), 10(4) or (5) or 23(3) of the 1972 Act(4), send written notice to the payer stating—

(a)that the order has been registered;

(b)that payments under the order should be made to the court officer; and

(c)the hours during which and the place at which the payments should be made.

(3) The court officer must, when cancelling the registration of an order in accordance with section 10(1) of the 1972 Act, send written notice of the cancellation to the payer.

(1)

Section 5 was amended by section 1 (2) of and paragraph 7 of Schedule 1 to the Maintenance Orders (Reciprocal Enforcement) Act 1992 and article 185(1) of and paragraph 67 of Schedule 9 to the Children (Northern Ireland) Order 1995 (S.I. 1995/755) and section 54(a) and (b) of the Domestic Proceedings and Magistrates’ Courts Act 1978.

(2)

Section 7(2) was amended by section 1(2) of and paragraphs 8(2) to (5) of Schedule 1 to the Maintenance Orders ( Reciprocal Enforcement) Act 1992.

(3)

Section 14 was amended by article 14(1) of and paragraph 22 of Schedule 5 to the Northern Ireland (Modification of Enactments – No 1) Order 1973 (S.I. 1973/2163) and section 154 of and paragraph 105 of Schedule 7 to the Magistrates’ Courts Act 1980 and article 170(2) of and paragraph 21 of Schedule 6 to the Magistrates’ Courts (Northern Ireland) Order 1981.

(4)

Section 23(3) was amended by section 90(1) of and paragraphs 71 and 75(1) and (2) of Schedule 13 to the Access to Justice Act 1999.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Instrument without Schedules

The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument without Schedules as a PDF

The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources