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

Notices: payments made through a designated officer

41.—(1) A notice under section 2(6ZC)(1) of the 1958 Act that the payments under a High Court or county court order or an order made by the Court of Session or by the High Court in Northern Ireland have, on its registration in a magistrates’ court, become payable through the designated officer for a magistrates’ court will be given by the designated officer for the court of registration in the form numbered 2 in Schedule 2.

(2) Paragraphs (3) and (4) apply in relation to a notice under section 2(6ZC) of the 1958 Act that payments under—

(a) a magistrates’ court order; or

(b) an order which is registered in a magistrates’ court under Part 2 of the 1950 Act and which was made by—

(i) a sheriff court in Scotland; or

(ii) a court of summary jurisdiction in Northern Ireland,

have, on the registration of the order in the High Court, ceased to be payable to a designated officer for a magistrates’ court.

(3) The notice must be—

(a) given by the designated officer for the administering court; and

(b) in form numbered 3 in Schedule 2.

(4) Where payments have been made through a designated officer other than the designated officer for the administering court, the designated officer for the administering court must send a copy of the notice to the designated officer through whom payments have been made.

(5) Paragraphs (6) and (7) apply in relation to a notice under section 5(5)(b) of the 1958 Act that the registration in a magistrates’ court of an order of the High Court, a county court, the Court of Session or the High Court in Northern Ireland has been cancelled and that payments under the order have ceased to be payable through a designated officer for a magistrates’ court.

(6) The notice must be—

(a) given by the designated officer for the court of registration; and

(b) be in the form numbered 4 in Schedule 2.

(7) Where payments have been payable through a designated officer other than the designated officer for the court of registration, the designated officer for the court of registration must send a copy of the notice to the designated officer through whom payments have been payable.

(8) A notice given in accordance with this rule must be served personally on to the person liable to make payments under the order to which the notice relates or sent by post to that person at that person’s last known address.

(1)

Section 2(6ZC) was inserted by section 10 of and paragraph 7 of Schedule 1 to the Maintenance Enforcement Act 1991 and amended by section 109(1) of and paragraphs 98(1) and (2) of Schedule 8 to the Courts Act 2003.