The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Miscellaneous Amendments) Rules 1993

Rule 2

SCHEDULE 1 AMENDMENTS TO RULES

The Maintenance Orders (Facilities for Enforcement) Rules 1922

1.  The Maintenance Orders (Facilities for Enforcement) Rules 1922 shall be amended as follows—

(a) In rule 2, for the word “summons” there shall be substituted the words “notice of hearing”.

(b) After rule 2 there shall be inserted the following rule—

“2A.   On receipt of an order in accordance with rule 2 above the justices' clerk to whom it is sent shall serve upon the person against whom the order is made certified copies of the order and of the accompanying documents, together with the notice required to be served under section 4 of the Act.”.

(c) After rule 6 there shall be inserted the following rules—

“6A.— (1) In this rule “an application” means—

(a) an application under section 3 of the Act for a provisional order,

(b) an application under section 4A of the Act for variation or revocation of a maintenance order made in the United Kingdom, or

(c) an application under section 4A of the Act for variation or revocation of a maintenance order confirmed in the United Kingdom.

(2) An application shall be filed in an appropriate form.

(3) On receipt of such an application the justices' clerk shall—

(a) fix the date, time and place for a hearing or a directions appointment, and

(b) notify the applicant of the date, time and place so fixed.

6B.— (1) The Schedule to these Rules shall apply to proceedings pursuant to rules 2A and 6A above.

(2) In the Schedule as it applies to rule 2A, “the resident party” and “the non-resident party” shall be taken to mean the payer and the payee respectively under the order in question.

(3) In the Schedule as it applies to rule 6A, “the resident party” and “the non-resident party” shall be taken to mean—

(a) in the case of an application under sub-paragraph (a) of rule 6A(1), the applicant and respondent respectively,

(b) in the case of an application under sub-paragraph (b) of rule 6A(1), the payee and payer respectively under the order in question, and

(c) in the case of an application under sub-paragraph (c) of rule 6A(1), the payer and payee respectively under the order in question.”.

The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) Rules 1974

2.  The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) Rules 1974 shall be amended by the insertion after rule 4 of the following rules—

“4A.— (1) In this rule “an application” means—

(a) an application under section 3 of the Act for a provisional maintenance order against a person residing in a reciprocating country,

(b) an application under section 5 of the Act for the variation or revocation of a maintenance order made in the United Kingdom, or

(c) an application under section 9 of the Act for the variation or revocation of a maintenance order registered by a court in the United Kingdom.

(2) An application shall be filed in an appropriate form.

(3) On receipt of such an application the justices' clerk shall—

(a) fix the date, time and place for a hearing or a directions appointment, and

(b) notify the applicant of the date, time and place so fixed.

4B.— (1) This rule applies to proceedings under section 5(5), 7 or 9(6) of the Act for the confirmation of a provisional order made in a reciprocating country.

(2) On receipt of the order and accompanying documents referred to in section 5(5), 7 or 9(6) of the Act, the justices' clerk shall—

(a) fix the date, time and place for a hearing or a directions appointment allowing sufficient time for service under this rule to be effected at least 21 days before the date so fixed, and

(b) serve a copy of the order and documents on the resident party together with a notice stating the date, time and place so fixed.

(3) Within 14 days of service under this rule the resident party shall file an answer to the provisional order in an appropriate form.

4C.— (1) Schedule A1 to these Rules shall apply to proceedings pursuant to rules 4A and 4B above.

(2) In Schedule A1 as it appears to rule 4A, “the resident party” and “the non-resident party” shall be taken to mean—

(a) in the case of an application under sub-paragraph (a) of rule 4A(1), the applicant and the respondent respectively;

(b) in the case of an application under sub-paragraph (b) of rule 4A(1), the payee and the payer respectively under the order in question; and

(c) in the case of an application under sub-paragraph (c) of rule 4A(1), the payer and payee respectively under the order in question.

(3) In rule 4B and in Schedule A1 as it applies to that rule, “the resident party” and “the non-resident party” shall be taken to mean the payer and the payee respectively under the order in question.”.

The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Republic of Ireland) Rules 1975

3.  The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Republic of Ireland) Rules 1975 shall be amended by the insertion after rule 4 of the following rules—

“4A.— (1) An application under section 3 of the Act for a provisional order or under section 5 of the Act for the variation or revocation of a maintenance order or a provisional order made in the United Kingdom shall be filed in an appropriate form.

(2) On receipt of such an application the justices' clerk shall—

(a) fix the date, time and place for a hearing or a directions appointment; and

(b) notify the applicant of the date, time and place so fixed.

4B.— (1) Schedule A1 to these Rules shall apply to proceedings pursuant to rule 4A above.

(2) In Schedule A1 as it applies to rule 4A,“the resident party” and “the non-resident party” shall be taken to mean—

(a) in the case of an application for a provisional order, the applicant and the respondent respectively, and

(b) in the case of an application for the variation or revocation of a maintenance order or a provisional order, the payee and the payer respectively under the order in question.”.

The Magistrates' Courts (Recovery Abroad of Maintenance) Rules 1975

4.  The Magistrates' Courts (Recovery Abroad of Maintenance) Rules 1975 shall be amended as follows—

(a) after rule 3 there shall be inserted the following rule—

“3A.— (1) On receipt of an application for the recovery of maintenance in England and Wales sent from the Lord Chancellor to a magistrates' court under section 27B of the Act, the justices' clerk shall—

(a) fix the date, time and place for a hearing or a directions appointment, allowing sufficient time for service under this rule to be effected at least 21 days before the date so fixed; and

(b) serve copies of the application and any accompanying documents, together with a notice stating the date, time and place so fixed, on the respondent.

(2) Within 14 days of service under this rule, the respondent shall file an answer to the application in the appropriate form.”;

(b) in rule 4—

(i) for the words “a complaint”, in each place where they occur, there shall be substituted the words “an application”; and

(ii) for the words “section 27” there shall be substituted the words “section 27A”;

(c) in rule 5, for the words “section 27(8)” there shall be substituted the words “section 27C(7)”;

(d) in rule 6, for the words “section 27(8)” there shall be substituted the words “section 27C(7)”;

(e) in rule 7—

(i) for paragraph (1) there shall be substituted—

“(1) A justices' clerk to whom payments are made by virtue of section 27C, section 33 (3A) or section 34A of the Act shall send those payments by post to such person or authority as the Lord Chancellor may from time to time direct.”;

• and

  (ii)

  in paragraph (2), the words “by virtue of paragraph (1) above” shall be omitted.

  (f)

  after rule 7, there shall be inserted the following rules—

  “7A.— (1) Where, in the exercise of the duty imposed under section 27C of the Act, or in the exercise of the powers conferred by virtue of section 33(3A) or section 34A of the Act, the court orders that payments under the order are to be made by a particular means, the clerk of the court shall record on the copy of the order the means of payment which the court has ordered and notify in writing, as soon as practicable, the person liable to make payments under the order of how the payments are to be made.

  (2) Where, in the exercise of any of the aforesaid powers, the court orders payment to the clerk of the court, or to the clerk of any other magistrates' court, by a method of payment falling within section 59(6) of the Magistrates' Courts Act 1980(1) (standing order, etc.) the clerk of the court to whom payments are to be made shall notify the person liable to make the payments under the order of the number and location of the account into which the payments are to be made.

  (3) Where, under section 34A(4) of the Act, the clerk of the court receives an application from an interested party for the method of payment to be varied, the clerk shall notify in writing, as soon as practicable, that party and, where practicable, any other interested party, of the result of the application, including any decision to refer the matter to the court; where the clerk grants the application he shall record the variation on the copy of the order.

  7B.— (1) In this rule “an application” means an application under section 34 of the Act for the variation or revocation of a registered order.

  (2) An application which is made directly to the registering court shall be filed in an appropriate form.

  (3) On receipt of an application, either filed in accordance with paragraph (2) or sent from the Lord Chancellor under section 34(3) of the Act, the justices' clerk shall—

  (a) fix the date, time and place for a hearing or a directions appointment; and

  (b) notify the applicant of the date, time and place so fixed.”.

  (g)

  in rule 8—

  (i)

  for the words “a complaint” and “complaint”, in each place where they occur there shall be substituted the words “an application” and “application” respectively; and

  (ii)

  in rule 8(1), for the word “defendant” there shall be substituted the word “respondent”.

  (h)

  after rule 11, there shall be inserted the following rule—

  “12.— (1) Schedule 2 shall apply to proceedings pursuant to rules 3A and 7B above.

  (2) In Schedule 2 as it applies to rule 3A, “the resident party” and “the non-resident party” shall be taken to mean the respondent and the applicant respectively.

  (3) In Schedule 2 as it applies to rule 7B, “the resident party” and “the non-resident party” shall be taken to mean the payer and the payee under the order in question respectively.”.

The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Hague Convention Countries) Rules 1980

5.  The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Hague Convention Countries) Rules 1980 shall be amended by the insertion after rule 4 of the following rules—

“4A.— (1) In this rule, “an application” means—

(a) an application under section 3 of the Act for a maintenance order against a person residing in a Hague Convention country,

(b) an application under section 5 of the Act for the variation or revocation of a maintenance order made in the United Kingdom, or

(c) an application under section 9 of the Act for the variation or revocation of a maintenance order registered by a court in the United Kingdom.

(2) An application shall be filed in an appropriate form.

(3) On receipt of such an application the justices' clerk shall—

(a) fix the date, time and place for a hearing or a directions appointment, and

(b) notify the applicant of the date, time and place so fixed.

4B.— (1) Schedule 1A to these Rules shall apply to proceedings pursuant to rule 4A above.

(2) In Schedule 1A as it applies to rule 4A, “the resident party” and “the non-resident party” shall be taken to mean—

(a) in the case of an application under sub-paragraph (a) of rule 4A(1), the applicant and the respondent respectively,

(b) in the case of an application under sub-paragraph (b) of rule 4A(1), the payee and payer respectively under the order in question, and

(c) in the case of an application under sub-paragraph (c) of rule 4A(1), the payer and payee respectively under the order in question.”.

The Magistrates' Courts (Civil Jurisdiction and Judgments Act 1982) Rules 1986

6.  In rule 11 of the Magistrates' Courts (Civil Jurisdiction and Judgments Act 1982) Rules 1986, for the words “complaint”, “complainant” and “defendant” in each place where they occur, there shall be substituted the words “application”, “applicant” and “respondent” respectively.

(1)

1980 c. 43; section 59 was substituted by section 2 of the Maintenance Enforcement Act 1991 (c. 17).