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[F1PART 73E+WCHARGING ORDERS, STOP ORDERS AND STOP NOTICES

Textual Amendments

Modifications etc. (not altering text)

C2Pt. 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)

[F2SECTION I. CHARGING ORDERSE+W

Textual Amendments

F2Rules 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 orderE+W

73.10B.(1) Where the final charging order was made without a hearing under rule [F373.10(6A) or] 73.10(7) any application to discharge or vary a charging order must be made to the [F4Civil National Business Centre].

(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.]]