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

Interpretation

34.—(1) Section 1(3) of the 1958 Act applies to the interpretation of Chapter 2 of this Part as it applies to the interpretation of Part 1 of the 1958 Act.

(2) Section 21 of the 1958 Act(1) applies to the interpretation of this Part as it applies to the interpretation of the 1958 Act.

(3) In this Part, “appropriate officer of the original court” means—

(a) the Sheriff-clerk, in the case of a sheriff court in Scotland;

(b) the clerk of petty sessions, in the case of a magistrates’ court in Northern Ireland;

(c) the Deputy Principal Clerk of Session, in the case of the Court of Session;

(d) the Chief Registrar of the Queen’s Bench Division (Matrimonial), in the case of the High Court of Justice in Northern Ireland.

(4) In this Part any reference to “the administering court” in relation to a maintenance order is a reference to the magistrates’ court—

(a) which made the maintenance order;

(b) in which the maintenance order is registered under the 1958 Act, under Part 2 of the 1950 Act or under the Maintenance Orders (Facilities for Enforcement) Act 1920(2); or

(c) by which the maintenance order was confirmed under the Maintenance Orders (Facilities for Enforcement) Act 1920.

(1)

Section 21 was amended by section 33(4) of and Schedule 4 to the Family Law Reform Act 1987, section 76(2) and 106 of and paragraph 33 and Part 5 of Schedule 10 and Schedule 15 to the Access to Justice Act 1999, section 154 of and Schedule 7 to the Magistrates’ Courts Act 1980 and section 109(1) and (3) of and paragraph 104 of Schedules 8 and Schedule 10 to the Courts Act 2003.

(2)

1920 c.33.