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

Application under section 34 of the 1972 Act: variation or revocation

63.—(1) This rule applies in relation to an application under section 34 of the 1972 Act(1) for the variation or revocation of a registered order.

(2) An application which is made directly to the registering court must be filed in the form referred to in the Forms Practice Direction.

(3) Where the designated officer receives an application, either filed in accordance with paragraph (2) or sent from the Lord Chancellor under section 34(3) of the 1972 Act—

(a) the justices’ clerk must set the date, time and place for a hearing or a directions appointment; and

(b) the designated officer must notify the applicant of that date, time and place.

(1)

Section 34 was amended by sections 60(2) and 89 of the Domestic Proceedings and Magistrates’ Courts Act 1978, sections 45 and 46(4) of and paragraph 1(3) of Schedule 3 to the Legal Aid (Scotland) Act 1986 (c.47), section 10 of and paragraph 19 of Schedule 1 to the Maintenance Enforcement Act 1991, section 1(2) of and paragraph 15 of Part 2 of Schedule 1 to the Maintenance Orders (Reciprocal Enforcement) Act 1992, section 90(1) of and paragraphs 71 and 81 of Schedule 13 to the Access to Justice Act 1999, section 109(1) of and paragraph 162 of Schedule 8 to the Courts Act 2003 and by S.I. 1995/755.