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

Notice of variation, remission, discharge or cancellation of registration by a magistrates’ court of a registered order

44.—(1) Where, under section 4(2) of the 1958 Act(1), a High Court or county court order registered in a magistrates’ court is varied by a magistrates’ court, the designated officer for the magistrates’ court making the variation must give notice of the variation to the High Court or county court, as the case may be.

(2) Where, under section 4(4) of the 1958 Act, an application for the variation of a High Court or county court order registered in a magistrates’ court is remitted to the original court by a magistrates’ court, the designated officer for the remitting court must give notice of the remission to the High Court or county court, as the case may be.

(3) Where, under section 5(4) of the 1958 Act, the registration of a High Court or county court order in a magistrates’ court is cancelled by the court of registration, the designated officer for the court of registration must give notice of cancellation to the High Court or county court, as the case may be, stating (if applicable) that the cancellation is in consequence of a notice given under section 5(1) of the 1958 Act.

(4) Where under section 5(4) of the 1958 Act the registration in a magistrates’ court of an order made in the Court of Session or the High Court in Northern Ireland is cancelled by that magistrates’ court, the designated officer for that magistrates’ court must give notice of the cancellation to—

(a) the appropriate officer of the original court; and

(b) where the order is registered by virtue of Part 2 of the 1950 Act, to the appropriate officer of the High Court.

(5) Where under section 5(4) of the 1958 Act(2) the registration in a magistrates’ court of an order under Part 2 of the 1950 Act is cancelled by that magistrates’ court, the designated officer for that magistrates’ court must give notice of the cancellation to—

(a) the appropriate officer of the original court; and

(b) where the order is registered under Part 1 of the 1958 Act, to the appropriate officer of the High Court.

(6) Where a magistrates’ court order registered in the High Court is varied or discharged by a magistrates’ court, the designated officer for the magistrates’ court which varies or discharges the order must give notice of the variation or discharge to the High Court.

(7) Notice under this rule will be given by sending to the appropriate officer of the High Court or the registrar of the county court (as the case may be) a copy of the order in question, certified to be a true copy by the designated officer for the magistrates’ court.

(8) For the purposes of this rule, the appropriate officer of the High Court will be—

(a) in relation to a High Court order registered in a magistrates’ court, the officer to whom notice of registration was given under rule 39; or

(b) in relation to a magistrates’ court order registered in the High Court, the officer to whom a copy of the order was sent under rule 38.

(9) In the case of a High Court maintenance order, the notice referred to in paragraph (6) must be marked with the title and case number, if any.

(10) In the case of a county court maintenance order, any notice referred to in this rule must be marked with the complaint or application number.

(11) Where a magistrates’ court order registered in the High Court is discharged by a magistrates’ court and it appears to the magistrates’ court ordering the discharge that no arrears remain to be recovered, notice under section 5(3) of the 1958 Act(3) must be given by an endorsement on the certified copy of the order of discharge referred to in paragraph (7).

(1)

Section 4(4) was amended by section 48(3) of the Administration of Justice Act 1970 (c.31).

(2)

Section 5(4) was amended by sections 97(1)(b) and 106 of and Part 5 of Schedule 15 to the Access to Justice Act 1999.

(3)

Section 5(3) was amended by section 3 of and paragraph 4(a) of Schedule 3 to the Administration of Justice Act 1977.