The Magistrates' Courts (Miscellaneous Amendments) Rules 2005

Magistrates' Courts Rules 1981

5.  In rule 45—

(a) in the heading, for “remarriage” substitute “subsequent marriage or formation of civil partnership”;

(b) in paragraph (1), for “remarried” substitute “subsequently married or formed a civil partnership”; and

(c) for paragraph (3), substitute—

“(3) This rule applies to an order of a kind mentioned in paragraph (4) and an attachment of earnings order made to secure payments under an order of that kind, and in paragraph (2) “relevant order” means any such order to which the payments referred to in paragraph (1) relate.

(4) The kinds of order referred to in paragraph (3) are orders to which the following provisions apply—

(a) section 38 of the Matrimonial Causes Act 1973;

(b) section 4(2) of the Act of 1978(1);

(c) paragraph 65 of Schedule 5 to the Civil Partnership Act 2004; and

(d) paragraph 26(2) of Schedule 6 to the Civil Partnership Act 2004.”.

(1)

The reference is the Domestic Proceedings and Magistrates' Courts Act 1988 (c. 22).