The Family Procedure Rules 2010

SECTION 2 E+W Registration etc of High Court and [F1 family court] orders

Textual Amendments

F1 Words in Pt. 32 Ch. 2 Section 2 heading substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 78 (with art. 137); S.I. 2014/954, art. 2

Registration of a High Court order E+W

32.3.—(1) An application for the registration of a High Court order may be made by sending to a court officer at the court which made the order—

(a) a certified copy of the order; and

(b) a statement which—

(i) contains the address in the United Kingdom, and the occupation, of the person liable to make payments under the order;

(ii) contains the date on which the order was served on the person liable to make payments, or, if the order has not been served, the reason why service has not been effected;

(iii) contains the reason why it is convenient for the order to be enforced in Scotland or Northern Ireland, as the case may be;

(iv) contains the amount of any arrears due to the applicant under the order;

(v) confirms that the order is not already registered; and

(vi) is verified by a statement of truth.

(2) If it appears to the court that—

(a) the person liable to make payments under the order resides in Scotland or Northern Ireland; and

(b) it is convenient for the order to be enforced there,

the court officer will send the documents filed under paragraph (1) to the clerk of the Court of Session or to the registrar in Northern Ireland, as the case may be.

(3) On receipt of a notice of the registration of a High Court order in the Court of Session or the Court of Judicature of Northern Ireland, the court officer (who is the prescribed officer for the purposes of section 17(4) of the 1950 Act) will—

(a) enter particulars of the notice of registration in the register;

(b) note the fact of registration in the court records; and

(c) send particulars of the notice to the principal registry.

Notice of Variation etc. of a High Court order E+W

32.4.—(1) This rule applies where a High Court order, which is registered in the Court of Session or the Court of Judicature of Northern Ireland, is discharged or varied.

(2) A court officer in the court where the order was discharged or varied will send a certified copy of that order to the clerk of the Court of Session or the registrar in Northern Ireland, as the case may be.

Cancellation of registration of a High Court order [F2 by the court of registration] E+W

32.5.—(1) This rule applies where—

(a) the registration of a High Court order registered in the Court of Session or the Court of Judicature of Northern Ireland is cancelled under section 24(1) of the 1950 Act; and

(b) notice of the cancellation is given to a court officer in the court in which the order was made (who is the prescribed officer for the purposes of section 24(3)(a) of the 1950 Act M1 ).

(2) On receipt of a notice of cancellation of registration, the court officer will enter particulars of the notice in F3 ... the register.

Textual Amendments

F2 Words in rule 32.5 heading inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 79(a) (with rule 137); S.I. 2014/954, art. 2

F3 Words in rule 32.5(2) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 79(b) (with rule 137); S.I. 2014/954, art. 2

Marginal Citations

M1 Section 24(3)(a) was amended by section 3 of and paragraph 9 of Schedule 3 to the Administration of Justice Act 1977 (c.38).

[F4 Cancellation of registration of a High Court order by the High Court E+W

32.5A.   The Part 19 procedure applies to an application to the High Court under section 24(2) of the 1950 Act.]

Textual Amendments

F4 Rule 32.5A inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 80 (with rule 137); S.I. 2014/954, art. 2

Application of this Chapter to a [F5 family court] order E+W

32.6.  Rules 32.3 to [F6 32.5A] apply to [F7 a family court order] as if—

(a) references to a High Court order were references to a [F8 family court] order;

[F9 (aa) in rule 32.5A, references to the High Court were to the family court;]

(b) where the order is to be registered in Scotland, references to the Court of Session and the clerk of the Court of Session were references to the sheriff court and the sheriff-clerk of the sheriff court respectively; and

(c) where the order is to be registered in Northern Ireland, references to the Court of Judicature of Northern Ireland and the registrar of Northern Ireland were references to the court of summary jurisdiction and the clerk of the court of summary jurisdiction respectively.

Textual Amendments

F5 Words in rule 32.6 heading substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 81(a) (with rule 137); S.I. 2014/954, art. 2

F6 Word in rule 32.6 substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 81(b) (with rule 137); S.I. 2014/954, art. 2

F7 Words in rule 32.6 substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204, rules 1, 81(c) (with rule 137); S.I. 2014/954, art. 2

F8 Words in rule 32.6(a) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 81(d) (with rule 137); S.I. 2014/954, art. 2

F9 Rule 32.6(aa) inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 81(e) (with rule 137); S.I. 2014/954, art. 2

[F10 Variation of a family court order: section 22(1) of the 1950 Act E+W

32.6A.   Where a family court order, which is registered in a court in Scotland or Northern Ireland, is varied under section 22(1) of the 1950 Act by the court in which it is registered—

(a) the court officer for the court which made the order will be the prescribed officer to whom notice of the variation must be given under section 23(1) of the 1950 Act; and

(b) on receipt of a notice under section 23(1) of the 1950 Act, the court officer will enter particulars of the notice in the register.

Textual Amendments

F10 Rules 32.6A, 32.6B inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 82 (with rule 137); S.I. 2014/954, art. 2

Application to adduce evidence: section 22(5) of the 1950 Act E+W

32.6B.— (1) The Part 18 procedure applies to an application under section 22(5) of the 1950 Act where a maintenance order was made by the family court.

(2) The family court will send a transcript or summary of any evidence taken to the clerk of the court in which the order is registered.

(3) The court officer for the court in England and Wales which made the maintenance order will be the prescribed officer to whom any transcript or summary of evidence adduced in the court in Scotland or Northern Ireland must be sent under section 22(5) of the 1950 Act.]

Textual Amendments

F10 Rules 32.6A, 32.6B inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 82 (with rule 137); S.I. 2014/954, art. 2