The Magistrates’ Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011 No. 1329 (L. 10)

PART 3 PROCEEDINGS UNDER THE 1950 ACT

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

Application 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

27.—(1) An application to a magistrates’ court under section 21(2) of the 1950 Act to adduce evidence in connection with a maintenance order made by the Court of Session and registered in the magistrates’ court under Part 1 of the 1958 Act by virtue of section 1(2) of that Act(1) may be made orally.

(2) The complaint may be made, and the proceedings heard, without notice to the respondent.

(3) The court in which the application is made must ensure that a transcript or summary of any evidence taken is sent to the Deputy Principal Clerk of Session.

(1)

Section 1(2) was substituted by section 3 of and paragraph 1 of Schedule 3 to the Administration of Justice Act 1977.