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

Manner in which a magistrates’ court is to be satisfied as to various matters

36.—(1) An applicant wishing to show, in accordance with section 2A(1) of the 1958 Act(1), that—

(a) the order to which the application relates, though deemed to have been made by a magistrates’ court in England and Wales, was in fact made in another part of the United Kingdom or a country or territory outside the United Kingdom; and

(b) by the law of that part or of that country or territory, interest is recoverable under the order,

may do so by producing the original court order or an authenticated copy of that order showing the date or time from which, and the rate at which, interest is so recoverable.

(2) For the purposes of paragraph (1), a copy is deemed to be authenticated if it purports to be certified by a judge or official of the court which made the original order to be a true copy of the original order, but it is not necessary to prove the signature or official position of the person appearing to have given such a certificate.

(3) Where an application for the registration in the High Court of a magistrates’ court order is granted, the court must be satisfied in the manner provided by paragraph (5) that no process for the enforcement of the order issued before the grant of the application remains in force.

(4) Where the court receives notice under section 5 of the 1958 Act(2), the court must be satisfied in the manner provided by paragraph (5) that no process for the enforcement of the order issued before the giving of the notice remains in force and that no proceedings for the variation of the order are pending in a magistrates’ court.

(5) For the purpose of satisfying the court as to the matters referred to in paragraphs (3) and (4)—

(a) if the person through or to whom payments are ordered to be made is the designated officer for a magistrates’ court, a certificate signed by the designated officer must be produced;

(b) in any other case, a document verified by a statement of truth from a Justice of the Peace must be produced.

(1)

Section 2A was inserted by section 37 of and Part 2 of Schedule 11 to the Civil Jurisdiction and Judgments Act 1982.

(2)

Section 5 was amended by section 3 of and paragraph 4(a) and (b) of Schedule 3 to the Administration of Justice Act 1977, section 10 of and paragraph 11 of Schedule 10 to the Maintenance Enforcement Act 1991, sections 97(1)(b) and 106 of and Part 5 of Schedule 15 to the Access to Justice Act 1999 and section 109(1) of and paragraphs 101(1) to (3) of Schedule 8 to the Courts Act 2003.