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

PART 1INTRODUCTORY

1Citation and commencement

2Interpretation

3Application of these Rules

PART 2GENERAL PROVISION

CHAPTER 1PROCEEDINGS WHERE THE FPR ARE NOT APPLIED

4Application of this Chapter

5The overriding objective

6Application by the court of the overriding objective

7Duty of the parties

8Court’s duty to manage cases

9The court’s general powers of management

10Designated officer’s power to refer to the court

11General power of the court to rectify matters where there has been an error of procedure

13Documents to be attached to a form

14Power of the single justice to perform functions conferred on the court by rules 4 to 13

15Power of a justices’ clerk to perform functions conferred on the court by rules 4 to 13

CHAPTER 2PROCEEDINGS WHERE THE FPR ARE APPLIED

16Application of this Chapter

17Power of the single justice where the FPR are applied

18Power of a justices’ clerk where the FPR are applied

CHAPTER 3ALL PROCEEDINGS TO WHICH THESE RULES APPLY

19Delegation by justices’ clerk

PART 3PROCEEDINGS UNDER THE 1950 ACT

CHAPTER 1INTERPRETATION OF THIS PART

20Interpretation

CHAPTER 2MAINTENANCE ORDERS MADE BY A MAGISTRATES’ COURT IN ENGLAND AND WALES

21Procedure under Part 2 of the 1950 Act in relation to a maintenance order made by a magistrates’ court in England and Wales

22Application under section 22 of the 1950 Act to adduce evidence: maintenance order made by a magistrates’ court in England and Wales

23Variation of a maintenance order made by a magistrates’ court in England and Wales: section 22(1) of the 1950 Act

24Cancellation of registration of a maintenance order made by a magistrates’ court in England and Wales: section 24 of the 1950 Act

CHAPTER 3MAINTENANCE ORDERS REGISTERED IN A MAGISTRATES’ COURT IN ENGLAND AND WALES

25Procedure under Part 2 of the 1950 Act in relation to a maintenance order made by a court in Scotland or Northern Ireland

26Payments in respect of a maintenance order registered in a magistrates’ court in England and Wales

27Application under section 21(2) of the 1950 Act to adduce evidence: maintenance order made by the Court of Session and registered in a magistrates’ court in England and Wales

28Variation of a maintenance order registered in a magistrates’ court in England and Wales: section 22(1) of the 1950 Act

29Application under section 22(5) of the 1950 Act to adduce evidence: maintenance order registered in England and Wales

30Cancellation of registration of a maintenance order registered in a magistrates’ court in England and Wales: section 24 of the 1950 Act

31Notices under section 19(4) of the 1950 Act

32Certificates under section 20(1) of the 1950 Act

33Notices under section 24 of the 1950 Act

PART 4PROCEEDINGS UNDER THE 1958 ACT

CHAPTER 1INTERPRETATION OF THIS PART

34Interpretation

CHAPTER 2PROCEDURE UNDER PART 1 OF THE 1958 ACT

35Applications for registration under section 2(3) of the 1958 Act

36Manner in which a magistrates’ court is to be satisfied as to various matters

37Receipt by a magistrates’ court of a notice of registration in the High Court of an order previously registered in a magistrates’ court

38Copy of a magistrates’ court order sent to the High Court for registration

39Registration of a High Court or county court order in a magistrates’ court

40Registration in a magistrates’ court of an order made in the Court of Session or in the High Court in Northern Ireland

41Notices: payments made through a designated officer

42Method of payment

43Variation of method of payment

44Notice of variation, remission, discharge or cancellation of registration by a magistrates’ court of a registered order

45Notices received from the High Court or a county court or from a person entitled to payments

46Complaints for variation of High Court maintenance orders: jurisdiction

CHAPTER 3MISCELLANEOUS

47Administering court to be informed of proceedings in a foreign court

48Review of committals, etc.

PART 5PROCEEDINGS UNDER THE 1972 ACT

CHAPTER 1PROCEEDINGS UNDER PART 1 OF THE 1972 ACT

49Interpretation

50Confirmation of a provisional order made in a reciprocating country

51Consideration of variation of a maintenance order made by a magistrates’ court: Hague Convention Countries

52Consideration of variation of a maintenance order made by a magistrates’ court: United States of America

53Notification of variation of a maintenance order by a magistrates’ court

54Notification of proceedings in a Hague Convention Country or in the United States of America

CHAPTER 2PROCEEDINGS UNDER PART 2 OF THE 1972 ACT

55Interpretation

56Dismissal of an application under section 27A of the 1972 Act or application for variation

57Application for recovery of maintenance in England and Wales: section 27B of the 1972 Act

58Application under section 26(1) or (2) of the 1972 Act and certificate under section 26(3A) of the 1972 Act: registration

59Registration of an order: sections 27C(7) and 32(2), (3) and (6) of the 1972 Act

60Payments made to a designated officer

61Method of payment

62Variation of method of payment

63Application under section 34 of the 1972 Act: variation or revocation

64Application under section 35 of the 1972 Act: variation or revocation

65Request under section 38(1) of the 1972 Act to a magistrates’ court

66Request under section 38(1) of the 1972 Act to a designated officer

67Onward transmission of documents

68Procedural rules: proceedings pursuant to rules 57 and 63

PART 6THE DOMESTIC PROCEEDINGS AND MAGISTRATES’ COURTS ACT 1978 AND THE CIVIL PARTNERSHIP ACT 2004

69Applications for variation under section 20 of the Domestic Proceedings and Magistrates’ Courts Act 1978 or Schedule 6 to the Civil Partnership Act 2004

PART 7THE CIVIL JURISDICTION AND JUDGMENTS ACT 1982, THE LUGANO CONVENTION, THE 1988 CONVENTION AND THE MAINTENANCE REGULATION: APPLICATIONS FOR VARIATION OF MAINTENANCE ORDERS

70Interpretation

71Application for the variation of a maintenance order to which the 1982 Act, the Lugano Convention, the 1988 Convention or the Maintenance Regulation applies

PART 8THE 1986 ACT

72Interpretation of this Part

73Section 5 of the 1986 Act: staying of proceedings

74Chapter 5 of the 1986 Act: registration and enforcement

75Orders under section 33 or 34 of the 1986 Act

PART 9THE 1989 ACT

76Applications under the 1989 Act in respect of enforcement of contact orders

77Enforcement of a residence order or a special guardianship order under the 1989 Act

78Application to vary a contribution order under the 1989 Act

PART 10THE EDUCATION ACT 1996

79Direction to a local authority under section 447(2) and (3) of the Education Act 1996

PART 11THE 1996 ACT

80Applications under Part 4 of the 1996 Act: enforcement and bail

PART 12AMENDMENTS

81Amendment of the Magistrates’ Courts Rules 1981

PART 13MISCELLANEOUS

83Transitional provision

SCHEDULE 11950 ACT: FORMS

SCHEDULE 21958 ACT: FORMS

SCHEDULE 31972 ACT: FORM

SCHEDULE 41972 ACT: RULES OF PROCEDURE

1Interpretation

2Transfer of proceedings

5Timing of proceedings

6Attendance at a directions appointment and a hearing

7Documentary evidence

11Confidentiality of documents

SCHEDULE 5REVOCATIONS

2011 No. 1329 (L. 10)

Magistrates’ Courts, England And Wales

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

Made27th May 2011

Laid before Parliament27th May 2011

Coming into force18th June 2011

The Lord Chief Justice, with the concurrence of the Lord Chancellor, makes the following Rules in exercise of the powers conferred by section 144 of the Magistrates’ Courts Act 19801, having consulted the rule committee appointed under section 144(A1) of that Act: