The Magistrates' Courts (Miscellaneous Amendments) Rules 2005

Maintenance Orders Act 1950 (Summary Jurisdiction) Rules 1950

1.  In rule 1—

(a) in paragraph (1), omit “in a court having jurisdiction by virtue of subsection (3) of section 1 of the said Act”;

(b) after paragraph (1), insert—

“(1A) Where proceedings under Part 1 of Schedule 6 to the Civil Partnership Act 2004(1) are begun against a defendant residing in Scotland or Northern Ireland, then, upon an application in that behalf made by the defendant in accordance with paragraph (2) of this Rule, a justice acting in the same place as that court may, if it appears that the case could be more conveniently heard in a court of summary jurisdiction having jurisdiction in the place where the parties last ordinarily resided together as civil partners, determine that the proceedings shall be removed into the last-mentioned court.”;

(c) in paragraph (2)—

(i) for “paragraph” substitute “paragraphs”; and

(ii) for “section 1” substitute “provisions”;

(d) in paragraph (3), after “(1)” insert “or (1A)”; and

(e) in paragraph (4)—

(i) after “(1)” insert “or (1A)”; and

(ii) for “section 1” substitute “provisions”.

(1)

2004 c. 33.