The Rules of the Supreme Court (Northern Ireland) (Revision) 1980 No. 346

SCHEDULE 1 The Rules of the Supreme Court (Northern Ireland) 1980

SPECIAL PROVISIONS AS TO PARTICULAR PROCEEDINGS

ORDER 105 REGISTRATION OF MAINTENANCE ORDERS: ATTACHMENT OF EARNINGS ORDERS FOR THE ENFORCEMENT OF MAINTENANCE ORDERS

III. PROCEEDINGS UNDER PART II OF THE ACT OF 1950 AND PART I OF THE ACT OF 1958

Re-registration of a Northern Ireland Order in a Magistrates' Court under Part 1 of the Act of 1958

5.—(1) Where a Northern Ireland order bas been registered in the Supreme Court of Judicature in England and Wales under Part II of the Act of 1950 an application under Part I of the Act of 1958 for the registration of that order in a magistrates' court shall be made by lodging with the Master—

(a) a letter of application;

(b) an affidavit by the applicant;

(c) a copy of the affidavit, and

(d) a certified copy of the order.

(2) The affidavit lodged under paragraph (1) shall state—

(a) the date of the registration of the order in the Supreme Court of Judicature in England and Wales under Part II of the Act of 1950;

(b) the address and occupation of the person liable to make payments under the order;

(c) the reason why registration of the order in a magistrates' court is desired;

(d) the amount of any arrears due under the order, the date to which those arrears have been calculated and the date on which the next payment under the order falls due;

(e) the date of birth of each child named in the Order;

(f) whether any proceedings are pending for the enforcement of the order; and

(g) that the order is not already registered under the Act of 1958 or if the order has been registered under that Act, whether the registration has been cancelled.

(3) The period required to be subscribed by rules of court for the purpose of section 2(2) of the Act of 1958 shall be 14 days.

(4) If the application is granted the Master shall send to the clerk of the appropriate magistrates' court—

(a) the copy of the affidavit;

(b) a certified copy of the Northern Ireland order, and

(c) a copy of the order granting the application.

(5) On receiving notice that the order has been registered in a magistrates' court the Master shall enter particulars of the registration in Part I of the register and in the Court minutes.