The Family Procedure Rules 2010

SECTION 3 E+W Registration etc. of Scottish and Northern Irish orders

Registration of Scottish and Northern Irish orders E+W

32.7.  On receipt of a certified copy of a Scottish order or a Northern Irish order for registration, a court officer in the principal registry (who is the prescribed [F1 in the High Court] officer for the purposes of section 17(2) of the 1950 Act) [F2 or a court officer in the family court (who is the prescribed officer in the family court for the purposes of section 17(2) of the 1950 Act)] will—

(a) enter particulars of the order in F3 ... the register;

(b) notify the clerk of [F4 the court which made the order] or the registrar in Northern Ireland, as the case may be, that the order has been registered; and

(c) file the certified copy of the order and any statutory declaration, affidavit^(GL) or statement as to the amount of any arrears due under the order.

[F5 (Section 17(3) of the 1950 Act makes provision as to the court in England and Wales to which a Northern Irish order or a Scottish order should be sent, which depends on which court originally made the order.)]

Textual Amendments

F1 Words in rule 32.7 inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 83(a) (with rule 137); S.I. 2014/954, art. 2

F2 Words in rule 32.7 inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 83(b) (with rule 137); S.I. 2014/954, art. 2

F3 Words in rule 32.7(a) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 83(c) (with rule 137); S.I. 2014/954, art. 2

F4 Words in rule 32.7(b) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 83(d) (with rule 137); S.I. 2014/954, art. 2

F5 Words in rule 32.7 inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 83(e) (with rule 137); S.I. 2014/954, art. 2

[F6 Application to adduce evidence: sections 21(2) and 22(5) of the 1950 Act E+W

32.8.— (1) The Part 18 procedure applies to the applications under these provisions of the 1950 Act—

(a) an application to the High Court to adduce evidence under section 21(2) by a person liable to make payments under a Scottish order registered in the High Court;

(b) an application to the family court to adduce evidence under section 21(2) by a person liable to make payments under a Scottish order registered in the High Court under the 1950 Act and registered in the family court under Part 1 of the 1958 Act; and

(c) an application to the family court to adduce evidence under section 22(5) by a person entitled to payments or a person liable to make payments under a Scottish order or a Northern Irish order registered in the family court under Part 1 of the 1950 Act.

(2) The court officer for the family court (being the court in which the order is registered) will be the prescribed officer under section 22(5) of the 1950 Act to whom any transcript or summary of evidence adduced in the court in Scotland or Northern Ireland by which the order was made must be sent.]

Textual Amendments

F6 Rule 32.8 substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 84 (with rule 137); S.I. 2014/954, art. 2

Notice of variation etc. of Scottish and Northern Irish orders E+W

32.9.—(1) This rule applies where—

(a) a Scottish order or a Northern Irish order, which is registered in the High Court [F7 or the family court], is discharged or varied [F8 by the court in Scotland or Northern Ireland]; and

(b) notice of the discharge or variation is given to [F9 the court officer in the High Court or in the family court, as the case may be] (who is the prescribed officer for the purposes of section 23(1)(a) of the 1950 Act M1 ).

(2) On receipt of a notice of discharge or variation, the court officer will enter particulars of the notice in F10 ... the register.

Textual Amendments

F7 Words in rule 32.9(1)(a) inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 85(a)(i) (with rule 137); S.I. 2014/954, art. 2

F8 Words in rule 32.9(1)(a) inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 85(a)(ii) (with rule 137); S.I. 2014/954, art. 2

F9 Words in rule 32.9(1)(b) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 85(b) (with rule 137); S.I. 2014/954, art. 2

F10 Words in rule 32.9(2) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 85(c) (with rule 137); S.I. 2014/954, art. 2

Marginal Citations

M1 Section 23(1)(a) was amended by section 3 of and paragraph 8 of Schedule 3 to the Administration of Justice Act 1977.

[F11 Variation of Scottish and Northern Irish orders by the family court E+W

32.9A.— (1) The Part 18 procedure applies to an application to the family court under section 22(1) of the 1950 Act to vary a Scottish order or a Northern Irish order which is registered in the family court.

(2) Where a Scottish order or a Northern Irish order is varied by the family court on an application under section 22(1) of the 1950 Act, the court officer will give notice of the variation to the clerk of the court in Scotland or Northern Ireland which made the order by sending a certified copy of the order of variation.]

Textual Amendments

F11 Rule 32.9A inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 86 (with rule 137); S.I. 2014/954, art. 2

Cancellation of registration of Scottish and Northern Irish orders E+W

32.10.—(1) The Part 18 procedure applies to an application [F12 under section 24(1) of the 1950 Act] for the cancellation of the registration of a Scottish order or a Northern Irish order in the High Court [F13 or the family court].

(2) The application must be made without notice to the person liable to make payments under the order.

(3) If the registration of the order is cancelled, the court officer will—

(a) note the cancellation in F14 ... the register; and

(b) send written notice of the cancellation to—

(i) the clerk of the [F15 court which made the order] or the registrar in Northern Ireland, as the case may be; and

(ii) the court officer [F16 of the family court if the order has been registered in the family court] in accordance with section 2(5) of the 1958 Act.

[F17 (4) Where a maintenance order is registered under the 1950 Act in the family court, the court officer for the family court is the prescribed officer for the purposes of section 24(2) of the 1950 Act, and in paragraphs (5) and (6) references to the court officer are to the court officer of the family court.

(5) If a notice under section 24(2) of the 1950 Act is received, the court officer will—

(a) cancel the registration of the order; and

(b) send written notice of the cancellation to the clerk of the court which made the order.

(6) Where a maintenance order is registered in the family court under Part 1 of the 1958 Act and the court officer receives a notice of cancellation under section 24(3) of the 1950 Act from the appropriate officer of the High Court, the court officer will—

(a) enter the details of the notice in the register;

(b) cancel the registration under Part 1 of the 1958 Act; and

(c) give notice of the cancellation to the appropriate officer of the court which made the order, being—

(i) the Deputy Principal Clerk of Session, in the case of the Court of Session; or

(ii) the Chief Registrar of the Queen’s Bench Division (Matrimonial), in the case of the High Court of Justice in Northern Ireland.]

Textual Amendments

F12 Words in rule 32.10(1) inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 87(a)(i) (with rule 137); S.I. 2014/954, art. 2

F13 Words in rule 32.10(1) inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 87(a)(ii) (with rule 137); S.I. 2014/954, art. 2

F14 Words in rule 32.10(3)(a) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 87(b)(i) (with rule 137); S.I. 2014/954, art. 2

F15 Words in rule 32.10(3)(b)(i) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 87(b)(ii) (with rule 137); S.I. 2014/954, art. 2

F16 Words in rule 32.10(3)(b)(ii) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 87(b)(iii) (with rule 137); S.I. 2014/954, art. 2

F17 Rules 32.10(4)-(6) inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 87(c) (with rule 137); S.I. 2014/954, art. 2

[F18 Payments under a maintenance order registered in the family court E+W

32.10A.— (1) This rule applies where section 22(1A) of the 1950 Act applies and the family court orders that payments under a maintenance order registered in the family court are to be made by a particular means.

(2) The court officer will record on a copy of the order the means of payment that the court has ordered.

(3) The court officer will notify, in writing, the person liable to make payments under the order how the payments are to be made.

(4) Where [F19 under section 1(4A) of the Maintenance Enforcement Act 1991] the family court orders payment to the court by a method of payment specified in [F20 section 1(5) of that Act], the court officer will notify the person liable to make payments under the order of sufficient details of the account into which the payments should be made to enable payments to be made into that account.

(5) The Part 18 procedure applies to an application under section 1(7) of the Maintenance Enforcement Act 1991 [F21 (application from an interested party to revoke, suspend, revive or vary a means of payment order)].

[F22 (6) Where the court makes an order under section 1(7) of the Maintenance Enforcement Act 1991 or dismisses an application for such an order, the court officer will, as far as practicable, notify in writing all interested parties of the effect of the order and will take the steps set out in paragraphs (2), (3) and (4), as appropriate.

(7) In this rule, “interested party” has the meaning given in section 1(10) of the Maintenance Enforcement Act 1991.]]

Textual Amendments

F18 Rule 32.10A inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 88 (with rule 137); S.I. 2014/954, art. 2

F19 Words in rule 32.10A(4) inserted (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 27(a)(i) (with rule 45)

F20 Words in rule 32.10A(4) substituted (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 27(a)(ii) (with rule 45)

F21 Words in rule 32.10A(5) substituted (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 27(b) (with rule 45)

F22 Rule 32.10A(6)(7) substituted for rule 32.10A(6) (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 27(c) (with rule 45)

Enforcement E+W

32.11.—(1)  [F23 Subject to paragraph (2), Part 33] applies to an application for or with respect to the enforcement of a Scottish order or a Northern Irish order registered in the High Court [F24 or the family court].

(2) The application may be made without notice to the person liable to make payments under the order.

Textual Amendments

F23 Words in rule 32.11(1) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 89(a) (with rule 137); S.I. 2014/954, art. 2

F24 Words in rule 32.11(1) inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 89(b) (with rule 137); S.I. 2014/954, art. 2

Inspection of register and copies of order E+W

32.12.  Any person—

(a) who is entitled to receive, or liable to make, payments under [F25 a Scottish order or a Northern Irish order registered in the High Court or the family court under the 1950 Act]; or

(b) with the permission of the court,

may—

(i) inspect the register; or

(ii) request a copy of any order registered in the High Court [F26 or the family court] under Part 2 of the 1950 Act and any statutory declaration, affidavit^(GL) or statement filed with the order.

Textual Amendments

F25 Words in rule 32.12(a) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 90(a) (with rule 137); S.I. 2014/954, art. 2

F26 Words in rule 32.12(a)(ii) inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 90(b) (with rule 137); S.I. 2014/954, art. 2

[F27 Notices and certificates: section 19(4), 20(1) and 24(5) and (5A) of the 1950 Act E+W

32.12A.— (1) Practice Direction 32A contains the form of—

(a) a notice under section 19(4) of the 1950 Act that payments under a maintenance order made by a sheriff court in Scotland or a court of summary jurisdiction in Northern Ireland have become payable through or to any officer or person;

(b) a notice under section 19(4) of the 1950 Act that the payments under a maintenance order made by the family court have, on its registration under Part 2 of the 1950 Act in a court in Scotland or Northern Ireland, ceased to be payable to or through the court or any person;

(c) a certificate lodged under section 20(1) of the 1950 Act as to the amount of any arrears due under a maintenance order made by the family court; and

(d) a notice under section 24(5) or (5A) of the 1950 Act of the cancellation of the registration under Part 2 of the 1950 Act of a maintenance order in the family court.

(2) The court officer will send a notice referred to in paragraph (1)(a), (b) or (d) to the person liable to make the payments under the order at that person’s last known address.]

Textual Amendments

F27 Rule 32.12A inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 91 (with rule 137); S.I. 2014/954, art. 2