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The Family Procedure (Amendment No.3) Rules 2013

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Amendments to the Family Procedure Rules 2010

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87.  In rule 32.10—

(a)in paragraph (1)—

(i)after “application” insert “under section 24(1) of the 1950 Act; and

(ii)after “High Court” insert “or the family court”;

(b)in paragraph (3)—

(i)in sub-paragraph (a), omit “Part II of”;

(ii)sub-paragraph (b)(i), for “Court of Session” substitute “court which made the order”; and

(iii)in sub-paragraph (b)(ii) for “in any magistrates’ court in which the order has been registered” substitute “of the family court if the order has been registered in the family court”; and

(c)after paragraph (3) insert—

(4) Where a maintenance order is registered under the 1950 Act in the family court, the court officer for the family court is the prescribed officer for the purposes of section 24(2) of the 1950 Act, and in paragraphs (5) and (6) references to the court officer are to the court officer of the family court.

(5) If a notice under section 24(2) of the 1950 Act is received, the court officer will—

(a)cancel the registration of the order; and

(b)send written notice of the cancellation to the clerk of the court which made the order.

(6) Where a maintenance order is registered in the family court under Part 1 of the 1958 Act and the court officer receives a notice of cancellation under section 24(3) of the 1950 Act from the appropriate officer of the High Court, the court officer will—

(a)enter the details of the notice in the register;

(b)cancel the registration under Part 1 of the 1958 Act; and

(c)give notice of the cancellation to the appropriate officer of the court which made the order, being—

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

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

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