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PART 32E+WREGISTRATION AND ENFORCEMENT OF ORDERS

CHAPTER 3E+WREGISTRATION OF MAINTENANCE ORDERS UNDER THE 1958 ACT

InterpretationE+W

32.13.  In this Chapter “the register” means the register kept for the purposes of the 1958 Act.

Registration of orders – prescribed periodE+W

32.14.  The prescribed period for the purpose of section 2(2) of the 1958 Act is 14 days. (Section 2(2) sets out the period during which an order, which is to be registered in a magistrates' court, may not be enforced)

Application for registration of a maintenance order in [F1the family court – procedure in the High Court] E+W

32.15.—(1) An application under section 2(1) of the 1958 Act may be made by sending to the court officer at the court which made the order—

(a)a certified copy of the maintenance order; and

(b)two copies of the application.

(2) When, on the grant of an application, the court officer sends the certified copy of the maintenance order to the [F2family court] in accordance with section 2(2), the court officer must—

(a)note on the order that the application for registration has been granted; and

(b)send to the [F2family court] a copy of the application for registration of the order.

(3) On receiving notice that the [F3family court] has registered the order, the court officer [F4of the High Court] must enter particulars of the registration in the court records.

Textual Amendments

F1Words in rule 32.15 heading substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 92(a) (with rule 137); S.I. 2014/954, art. 2

[F5Application for registration of a maintenance order in the family court – procedure in the family courtE+W

32.15A.—(1) This rule applies where the court officer for the family court receives from the court officer of the High Court a certified copy of a High Court order, in accordance with section 2(2)(b) of the 1958 Act.

(2) The court officer of the family court will—

(a)register the order in the family court by entering particulars in the register; and

(b)send notice to the court officer of the High Court that the order has been registered.]

Textual Amendments

Registration in [F6the family court] of an order registered in the High Court [F7- procedure in the High Court] E+W

32.16.—(1) This rule applies where—

(a)a maintenance order is registered in the High Court in accordance with section 17(4) of the 1950 Act; and

(b)the court officer [F8of the High Court] receives notice that the [F9family court] has registered the order in accordance with section 2(5) of the 1958 Act.

(2) The court officer [F10of the High Court] must enter particulars of the registration in F11... the register.

Textual Amendments

[F12Registration in the family court of an order registered in the High Court – procedure in the family courtE+W

32.16A.—(1) This rule applies where—

(a)a maintenance order is registered in the High Court in accordance with section 17(4) of the 1950 Act; and

(b)the court officer of the family court, in accordance with section 2(2)(b) of the 1958 Act, receives from the appropriate officer of the original court in Scotland or Northern Ireland a certified copy of an order made by the court in Scotland or Northern Ireland.

(2) The court officer of the family court will—

(a)register the order in the family court by entering particulars in the register; and

(b)send written notice to the court officer of the High Court and to the appropriate officer of the original court in Scotland or in Northern Ireland that the order has been registered.]

Textual Amendments

Registration in the High Court of a magistrates' court orderE+W

F1332.17.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Registration in the High Court of an order registered in a magistrates' courtE+W

F1432.18.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Variation or discharge of an order registered in [F15the family court – procedure in the High Court] E+W

32.19.—(1) This rule applies where a maintenance order is registered in [F16the family court] under Part 1 of the 1958 Act.

(2) If the court which made the order makes an order varying or discharging that order the court officer [F17of the High Court] must send a certified copy of the order of variation or discharge to [F18the family court].

(3) If the court officer [F19of the High Court] receives from [F20the family court] a certified copy of an order varying the maintenance order the court officer must—

(a)file the copy of the order; and

(b)enter the particulars of the variation in the place where the details required by rule 32.15(3) were entered.

Textual Amendments

[F21Variation, remission, discharge or cancellation of registration of an order registered in the family court – procedure in the family courtE+W

32.19A.—(1) Where under section 4(2) of the 1958 Act a High Court order registered in the family court is varied by the family court, the court officer for the family court will give notice of the variation to the High Court.

(2) Where under section 4(4) of the 1958 Act an application for the variation of a High Court order registered in the family court is remitted to the High Court by the family court, the court officer for the family court will give notice of its having been remitted to the High Court.

(3) Where under section 5(4) of the 1958 Act the registration of a High Court order in the family court is cancelled by the family court, the court officer for the family court will give notice of cancellation to the High Court, stating (if applicable) that the cancellation is a result of a notice given under section 5(1) of the 1958 Act.

(4) Where under section 5(4) of the 1958 Act the registration in the family court of an order made in Scotland or Northern Ireland is cancelled by the family court, the court officer for the family court will give notice of the cancellation to—

(a)the appropriate officer of the court which made the order; and

(b)where the order is registered under Part 2 of the 1950 Act, to the appropriate officer of the High Court.

(5) Where under section 5(4) of the 1958 Act the registration in the family court of an order under Part 2 of the 1950 Act is cancelled by the family court, the court officer for the family court will give notice of the cancellation to the appropriate officer of the original court.

(6) Where under section 5 of the 1958 Act the cancellation of the registration of a High Court order means that any order which requires payment to be made to the family court is to cease to have effect, the court officer will give notice to the defendant in the form set out in Practice Direction 32A (Form 7).]

Textual Amendments

Variation or discharge of an order registered in the High CourtE+W

F2232.20.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Cancellation of registration – orders registered in the High CourtE+W

F2332.21.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Cancellation of registration – orders registered in [F24the family court] E+W

32.22.—(1) Where the court gives notice under section 5(2) of the 1958 Act, the court officer must endorse the notice on the certified copy of the order of variation or discharge sent to the [F25family court] in accordance with rule 32.19(2).

(2) Where notice is received from [F26the family court] that registration of an order made by the High Court F27... under Part 1 of the 1958 Act has been cancelled, the court officer must enter particulars of the cancellation in the place where the details required by rule 32.15(3) were entered.

Textual Amendments

F27Words in rule 32.22(2) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 100(c) (with rule 137); S.I. 2014/954, art. 2

[F28Notices: payments made through the family courtE+W

32.22A.—(1) Paragraph (2) applies where a notice is given under section 2(6ZC) of the 1958 Act that payments under an order registered in the family court are payable to the family court.

(2) The notice will be in the form set out in Practice Direction 32A (Form 5) and will be given by the court officer of the family court.

(3) Paragraph (4) applies where a notice is given under section 2(6ZC) of the 1958 Act that payments under an order registered in the family court have ceased to be payable to the family court.

(4) The notice will be in the form set out in Practice Direction 32A (Form 6) and will be given by the court officer of the family court.

Textual Amendments

Method of paymentE+W

32.22B.—(1) This rule applies where the family court exercises its duties or powers under section 4A(2) of the 1958 Act to make, revive or vary any means of payment order within the meaning of section 1(7) of the Maintenance Enforcement Act 1991.

(2) Where the court orders that payments under a registered order are to be made by a particular means—

(a)the court will record on a copy of the order the means of payment which the court has ordered; and

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

(3) Paragraph (4) applies where the court orders that payments be made—

(a)by the debtor to the creditor; or

(b)by the debtor to the court;

by a method falling within section 1(5) of the Maintenance Enforcement Act 1991.

(4) The court officer will notify the person liable to make payments under the order of sufficient details of the account into which payments should be made to enable payments to be made into that account.

Textual Amendments

Variation of method of paymentE+W

32.22C.—(1) The Part 18 procedure applies to an application under section 1(3)(a) of the Maintenance Enforcement Act 1991 received from an interested party for the method of payment to be varied under section 4A of the 1958 Act.

(2) The court will notify the interested party who made the application and, where practicable, any other interested party, of the result of the application.

(3) The court will record any variation on a copy of the order.

Textual Amendments

Notices received from another court or from a person entitled to paymentsE+W

32.22D.—(1) This rule applies where any notice is received—

(a)of the discharge or variation by the High Court of a High Court order registered in the family court;

(b)of the discharge or variation by a court in Scotland or Northern Ireland of an order made by such a court and registered in the family court; or

(c)under section 5(1) or (2) of the 1958 Act.

(2) The court officer for the family court will enter details of any such notice in the register.

(3) In the case of a notice under section 5(1) or (2) of the 1958 Act, the court officer for the family court will ensure that the person in possession of any warrant of commitment, issued but not executed, for the enforcement of the order is informed of the giving of that notice.]

Textual Amendments