The Magistrates’ Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011

CHAPTER 1 PROCEEDINGS UNDER PART 1 OF THE 1972 ACT

Interpretation

49.—(1) In this Chapter—

“Hague Convention Country” means a country listed in Schedule 1 to the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993(1);

“payee”, in relation to a maintenance order, means the person eligible to receive the payments for which the order provides;

“payer”, in relation to a maintenance order, means the person liable to make the payments for which the order provides; and

“reciprocating country” means a country to which Part 1 of the 1972 Act extends.

(2) In this Chapter, an expression defined in the 1972 Act has the meaning given to it in that Act.

Confirmation of a provisional order made in a reciprocating country

50.—(1) The FPR as modified by paragraph (2) shall apply to proceedings in a magistrates’ court for the confirmation of a provisional order made in a reciprocating country varying a maintenance order to which section 5(5) or 9(6) of the 1972 Act(2) applies.

(2) The modification is that in rule 34.16, paragraph (6) is omitted.

Consideration of variation of a maintenance order made by a magistrates’ court: Hague Convention Countries

51.—(1) The FPR as modified by paragraph (2) shall apply where—

(a) an application has been made to a magistrates’ court by a payee for the variation of an order to which section 5 of the 1972 Act applies; and

(b) the payer resides in a Hague Convention Country.

(2) The modifications are, in rule 34.17 as substituted by rule 34.27(5)—

(a) in the heading, after “Consideration of” insert “variation or”; and

(b) in paragraph (1)(a), after “for the” insert “variation or”.

Consideration of variation of a maintenance order made by a magistrates’ court: United States of America

52.—(1) The FPR as modified by paragraph (2) shall apply where—

(a) an application has been made to a magistrates’ court by a payee for the variation of an order to which section 5 of the 1972 Act applies; and

(b) the payer resides in the United States of America.

(2) The modifications are, in rule 34.17 as substituted by rule 34.28(5)—

(a) in the heading, after “Consideration of” insert “variation or”; and

(b) in paragraph (1)(a), after “for the” insert “variation or”.

Notification of variation of a maintenance order by a magistrates’ court

53.—(1) The FPR as modified by paragraph (2) shall apply where a magistrates’ court makes an order—

(a) not being a provisional order, varying a maintenance order to which section 5 of the 1972 Act applies;

(b) under section 9 of the 1972 Act, varying a registered order.

(2) The modifications are, in rule 34.19—

(a) in the heading, after “confirmation” insert “, variation”;

(b) in paragraph (1)(a) and (b), before “revoking” insert “varying or”;

(c) in paragraph (2), after “making,” insert “variation,”; and

(d) omit paragraph (3).

Notification of proceedings in a Hague Convention Country or in the United States of America

54.—(1) This rule applies where the designated officer receives from the Lord Chancellor notice of the institution of proceedings, including notice of the substance of the claim, in a Hague Convention Country or in the United States of America in relation to the making, variation or revocation of a maintenance order.

(2) If it appears to the designated officer that the person against whom the proceedings were instituted is residing within the local justice area for which the court acts, the designated officer must serve the notice on that person by sending it by recorded delivery addressed to that person at that person’s last known or usual address.

(3) If it appears to the designated officer that the person concerned is not residing within the area, the court officer must inform the Lord Chancellor and return the notice.

(1)

S.I. 1993/593. Relevant amending instruments are S.I. 1994/1902, 1999/1318, 2001/2567 and 2002/2838.

(2)

Sections 5 and 9 are modified for specified purposes by S.I. 1993/593 and 594, 1995/2709 and 2007/2005.