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

1. Introductory Text

2. PART 1 INTRODUCTORY

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Application of these Rules

3. PART 2 GENERAL PROVISION

   1. CHAPTER 1 PROCEEDINGS WHERE THE FPR ARE NOT APPLIED

      1. 4. Application of this Chapter

      2. 5. The overriding objective

      3. 6. Application by the court of the overriding objective

      4. 7. Duty of the parties

      5. 8. Court’s duty to manage cases

      6. 9. The court’s general powers of management

      7. 10. Designated officer’s power to refer to the court

      8. 11. General power of the court to rectify matters where there has been an error of procedure

      9. 12. Forms

      10. 13. Documents to be attached to a form

      11. 14. Power of the single justice to perform functions conferred on the court by rules 4 to 13

      12. 15. Power of a justices’ clerk to perform functions conferred on the court by rules 4 to 13

   2. CHAPTER 2 PROCEEDINGS WHERE THE FPR ARE APPLIED

      1. 16. Application of this Chapter

      2. 17. Power of the single justice where the FPR are applied

      3. 18. Power of a justices’ clerk where the FPR are applied

   3. CHAPTER 3 ALL PROCEEDINGS TO WHICH THESE RULES APPLY

      1. 19. Delegation by justices’ clerk

4. PART 3 PROCEEDINGS UNDER THE 1950 ACT

   1. CHAPTER 1 INTERPRETATION OF THIS PART

      1. 20. Interpretation

   2. CHAPTER 2 MAINTENANCE ORDERS MADE BY A MAGISTRATES’ COURT IN ENGLAND AND WALES

      1. 21. Procedure under Part 2 of the 1950 Act in relation to a maintenance order made by a magistrates’ court in England and Wales

      2. 22. Application under section 22 of the 1950 Act to adduce evidence: maintenance order made by a magistrates’ court in England and Wales

      3. 23. Variation of a maintenance order made by a magistrates’ court in England and Wales: section 22(1) of the 1950 Act

      4. 24. Cancellation of registration of a maintenance order made by a magistrates’ court in England and Wales: section 24 of the 1950 Act

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

      1. 25. Procedure under Part 2 of the 1950 Act in relation to a maintenance order made by a court in Scotland or Northern Ireland

      2. 26. Payments in respect of a maintenance order registered in a magistrates’ court in England and Wales

      3. 27. 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

      4. 28. Variation of a maintenance order registered in a magistrates’ court in England and Wales: section 22(1) of the 1950 Act

      5. 29. Application under section 22(5) of the 1950 Act to adduce evidence: maintenance order registered in England and Wales

      6. 30. Cancellation of registration of a maintenance order registered in a magistrates’ court in England and Wales: section 24 of the 1950 Act

   4. CHAPTER 4 FORMS

      1. 31. Notices under section 19(4) of the 1950 Act

      2. 32. Certificates under section 20(1) of the 1950 Act

      3. 33. Notices under section 24 of the 1950 Act

5. PART 4 PROCEEDINGS UNDER THE 1958 ACT

   1. CHAPTER 1 INTERPRETATION OF THIS PART

      1. 34. Interpretation

   2. CHAPTER 2 PROCEDURE UNDER PART 1 OF THE 1958 ACT

      1. 35. Applications for registration under section 2(3) of the 1958 Act

      2. 36. Manner in which a magistrates’ court is to be satisfied as to various matters

      3. 37. Receipt by a magistrates’ court of a notice of registration in the High Court of an order previously registered in a magistrates’ court

      4. 38. Copy of a magistrates’ court order sent to the High Court for registration

      5. 39. Registration of a High Court or county court order in a magistrates’ court

      6. 40. Registration in a magistrates’ court of an order made in the Court of Session or in the High Court in Northern Ireland

      7. 41. Notices: payments made through a designated officer

      8. 42. Method of payment

      9. 43. Variation of method of payment

      10. 44. Notice of variation, remission, discharge or cancellation of registration by a magistrates’ court of a registered order

      11. 45. Notices received from the High Court or a county court or from a person entitled to payments

      12. 46. Complaints for variation of High Court maintenance orders: jurisdiction

   3. CHAPTER 3 MISCELLANEOUS

      1. 47. Administering court to be informed of proceedings in a foreign court

      2. 48. Review of committals, etc.

6. PART 5 PROCEEDINGS UNDER THE 1972 ACT

   1. CHAPTER 1 PROCEEDINGS UNDER PART 1 OF THE 1972 ACT

      1. 49. Interpretation

      2. 50. Confirmation of a provisional order made in a reciprocating country

      3. 51. Consideration of variation of a maintenance order made by a magistrates’ court: Hague Convention Countries

      4. 52. Consideration of variation of a maintenance order made by a magistrates’ court: United States of America

      5. 53. Notification of variation of a maintenance order by a magistrates’ court

      6. 54. Notification of proceedings in a Hague Convention Country or in the United States of America

   2. CHAPTER 2 PROCEEDINGS UNDER PART 2 OF THE 1972 ACT

      1. 55. Interpretation

      2. 56. Dismissal of an application under section 27A of the 1972 Act or application for variation

      3. 57. Application for recovery of maintenance in England and Wales: section 27B of the 1972 Act

      4. 58. Application under section 26(1) or (2) of the 1972 Act and certificate under section 26(3A) of the 1972 Act: registration

      5. 59. Registration of an order: sections 27C(7) and 32(2), (3) and (6) of the 1972 Act

      6. 60. Payments made to a designated officer

      7. 61. Method of payment

      8. 62. Variation of method of payment

      9. 63. Application under section 34 of the 1972 Act: variation or revocation

      10. 64. Application under section 35 of the 1972 Act: variation or revocation

      11. 65. Request under section 38(1) of the 1972 Act to a magistrates’ court

      12. 66. Request under section 38(1) of the 1972 Act to a designated officer

      13. 67. Onward transmission of documents

      14. 68. Procedural rules: proceedings pursuant to rules 57 and 63

7. PART 6 THE DOMESTIC PROCEEDINGS AND MAGISTRATES’ COURTS ACT 1978 AND THE CIVIL PARTNERSHIP ACT 2004

   1. 69. Applications for variation under section 20 of the Domestic Proceedings and Magistrates’ Courts Act 1978 or Schedule 6 to the Civil Partnership Act 2004

8. PART 7 THE CIVIL JURISDICTION AND JUDGMENTS ACT 1982, THE LUGANO CONVENTION, THE 1988 CONVENTION AND THE MAINTENANCE REGULATION: APPLICATIONS FOR VARIATION OF MAINTENANCE ORDERS

   1. 70. Interpretation

   2. 71. Application for the variation of a maintenance order to which the 1982 Act, the Lugano Convention, the 1988 Convention or the Maintenance Regulation applies

9. PART 8 THE 1986 ACT

   1. 72. Interpretation of this Part

   2. 73. Section 5 of the 1986 Act: staying of proceedings

   3. 74. Chapter 5 of the 1986 Act: registration and enforcement

   4. 75. Orders under section 33 or 34 of the 1986 Act

10. PART 9 THE 1989 ACT

    1. 76. Applications under the 1989 Act in respect of enforcement of contact orders

    2. 77. Enforcement of a residence order or a special guardianship order under the 1989 Act

    3. 78. Application to vary a contribution order under the 1989 Act

11. PART 10 THE EDUCATION ACT 1996

    1. 79. Direction to a local authority under section 447(2) and (3) of the Education Act 1996

12. PART 11 THE 1996 ACT

    1. 80. Applications under Part 4 of the 1996 Act: enforcement and bail

13. PART 12 AMENDMENTS

    1. 81. Amendment of the Magistrates’ Courts Rules 1981

14. PART 13 MISCELLANEOUS

    1. 82. Revocations

    2. 83. Transitional provision

15. Signature

16. 1. SCHEDULE 1

       1950 ACT: FORMS

    2. SCHEDULE 2

       1958 ACT: FORMS

    3. SCHEDULE 3

       1972 ACT: FORM

    4. SCHEDULE 4

       1972 ACT: RULES OF PROCEDURE

       1. 1. Interpretation

       2. 2. Transfer of proceedings

       3. 3. Service

       4. 4. Directions

       5. 5. Timing of proceedings

       6. 6. Attendance at a directions appointment and a hearing

       7. 7. Documentary evidence

       8. 8. Amendment

       9. 9. Oral evidence

       10. 10. Hearing

       11. 11. Confidentiality of documents

    5. SCHEDULE 5

       REVOCATIONS

17. Explanatory Note