The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Hague Convention Countries) Rules 1999

Statutory Instruments

1999 No. 2002 (L.17)

MAGISTRATES' COURTS

PROCEDURE

The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Hague Convention Countries) Rules 1999

Made

12th July 1999

Laid before Parliament

16th July 1999

Coming into force

16th August 1999

The Lord Chancellor, in exercise of the powers conferred upon him by section 144 of the Magistrates' Courts Act 1980(1) and after consultation with the Rule Committee appointed under that section, hereby makes the following Rules:–

1.—(1) These Rules may be cited as the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Hague Convention Countries) Rules 1999 and shall come into force on 16th August 1999.

(2) In these Rules, a rule or Schedule referred to by number means the rule or Schedule so numbered in the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Hague Convention Countries) Rules 1980(2).

2.  In rule 4A(1)(c) the words “or revocation” shall be omitted.

3.  In Part II of Schedule 2 (Notice to payee that maintenance order has not been registered) for the words “one calendar month” there shall be substituted the words “two calendar months”.

4.  In Part II of Schedule 2 (Maintenance Orders (Reciprocal Enforcement) Act 1972) for both occurrences of the word “complaint” there shall be substituted the word “application” and for both occurrences of the word “complainant” there shall be substituted the word “applicant”.

Irvine of Lairg, C.

Dated 12th July 1999

Explanatory Note

(This note is not part of the Rules)

These Rules make minor consequential amendments to certain rules and forms following changes made in the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) (Variation) Order 1999 (S.I. 1999/1318). The changes to the 1999 Order include an extension of the period of time allowed for a payee to appeal to the court against the refusal to register an order from one month to two months.

(1)

1980 c. 43; section 144 is extended by section 145 of that Act and section 144(3) was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 25(7).

(2)

S.I. 1980/108; the relevant amending instruments are S.I. 1986/1962, 1992/457 and 1993/617.