The Magistrates' Courts (Miscellaneous Amendments) Rules 2005

Maintenance Orders Act 1950 (Summary Jurisdiction) Rules 1950

This adran has no associated Memorandwm Esboniadol

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”.