C1C2C3F1PART 73CHARGING ORDERS, STOP ORDERS AND STOP NOTICES
Pts. 70-74 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(5)
Pt. 73 applied (with modifications) (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.25 (with rules 2.1, 33.1(1)) (as amended (22.4.2014) by S.I. 2014/667, rules 1, 43 (with rule 45)
Pt. 73 applied (with modifications) (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 24.2(d), 24.6(1)
F2SECTION I. CHARGING ORDERS
Rules 73.1-73.10C substituted for rules 73.1-73.10 (6.4.2016) by The Civil Procedure (Amendment) Rules 2016 (S.I. 2016/234), rules 2, 14, Sch. 1 (with rule 24)
Discharge or variation of order73.10B
1
2
Upon the filing of an application to discharge or vary a charging order at the F5Civil National Business Centre, the application must be transferred for a hearing to the judgment debtor’s home court.
3
Where the final charging order was made at a hearing, any application to discharge or vary a charging order must be made to the court which made the charging order.
4
The court may direct that—
a
any interested person be joined as a party to such an application; or
b
the application be served on any such person.
5
An order discharging or varying a charging order must be served on all the persons on whom the charging order was required to be served.
Pt. 73 inserted (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rule 1(c), Sch. 4 (with savings in rule 24 and S.I. 2001/4015, rule 43(2))