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

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.”.