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The Magistrates’ Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011

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Variation of a maintenance order made by a magistrates’ court in England and Wales: section 22(1) of the 1950 Act

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23.  (1)  Where a maintenance order made by a magistrates’ court in England and Wales and registered in a court in Scotland or Northern Ireland is varied under section 22(1) of the 1950 Act (1)by the court in which it is registered—

(a)the designated officer for the court which made the order will be the prescribed officer to whom, under section 23(1) of the 1950 Act(2), notice of the variation must be given;

(b)on receipt of a notice under section 23(1) of the 1950 Act, the designated officer must enter a memorandum of that notice in the register.

(2) Where a maintenance order made by a magistrates’ court in England and Wales and registered in a court in Scotland or Northern Ireland is discharged or varied by the court which made it, the designated officer for the court which made the order must give notice of the discharge or variation to the clerk of the court in which the order is registered by sending a certified copy of the order discharging or varying the maintenance order.

(1)

Section 22(1) was amended by section 89(2) of and paragraph 14 of Schedule 2 to the Domestic Proceedings and Magistrates’ Courts Act 1978.

(2)

Section 23 was substituted by section 3 of and paragraph 8 of Schedule 3 to the Administration of Justice Act 1977.

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