The Family Procedure Rules 2010

SECTION 2 E+W Modification of rules in Section 1 of this Chapter

SUB-SECTION 1 E+W Republic of Ireland

Application of Section 1 of this Chapter to the Republic of Ireland E+W

34.26.—(1) In relation to the Republic of Ireland, Section 1 of this Chapter has effect as modified by this rule.

(2) A reference in this rule and in any rule which has effect in relation to the Republic of Ireland by virtue of this rule to—

(a) the 1972 Act is a reference to the 1972 Act as modified by Schedule 2 to the Reciprocal Enforcement of Maintenance Orders (Republic of Ireland) Order 1993 M1 ; and

(b) a section under the 1972 Act is a reference to the section so numbered in the 1972 Act as so modified.

(3) A reference to a reciprocating country in rule 34.12(1) and Section 1 of this Chapter is a reference to the Republic of Ireland.

(4) In the words in brackets at the end of rule 34.15 (certification of evidence given on provisional orders), for the sections mentioned substitute “ section 3(5)(b) or 5(3) ”.

(5) Rules 34.16 (confirmation of provisional orders) and 34.21 (request for the taking of evidence by a court in a reciprocating country) do not apply.

(6) For rule 34.17 (consideration of revocation of a provisional order made by a magistrates' court) substitute—

“Consideration of confirmation of a provisional order made by a magistrates' court

34.17.— (1) This rule applies where—

(a) a magistrates' court has made a provisional order by virtue of section 3 of the 1972 Act;

(b) the payer has made representations or adduced evidence to the court; and

(c) the court has fixed a date for the hearing at which it will consider confirmation of the order.

(2) The court officer must serve on the applicant for the provisional order—

(a) a copy of the representations or evidence; and

(b) written notice of the date fixed for the hearing.”.

(7) For rules 34.18 and 34.19 (notification of variation or revocation) substitute—

“Notification of variation or revocation of a maintenance order by the High Court

34.18.   Where the High Court makes an order varying or revoking an order to which section 5 of the 1972 Act applies the court officer must send—

(a) a certified copy of the order of variation or revocation; and

(b) a statement as to the service on the payer of the documents mentioned in section 5(3) of the 1972 Act,

to the court in the Republic of Ireland. (Rule 34.22 provides for the transmission of documents to a court in a reciprocating country.)

Notification of revocation of a maintenance order by a magistrates' court

34.19.   Where a magistrates' court makes an order revoking an order to which section 5 of the 1972 Act applies, the court officer must send written notice of the making of the order to the Lord Chancellor. (Section 5 of the 1972 Act applies to a maintenance order sent to the Republic of Ireland in accordance with section 2 of that Act and a provisional order made by a magistrates' court in accordance with section 3 of that Act which has been confirmed by such a court.) (Provision in respect of notification of variation of a maintenance order by magistrates' court under the 1972 Act is made in rules made under section 144 of the Magistrates' Courts Act 1980.)”.

(8) For rule 34.23(2) (method of payment under registered orders), substitute—

“(2) Where the court orders payment to be made to the court officer, the court officer must send the payments by post—

(a) to the payee under the order; or

(b) where a public authority has been authorised by the payee to receive the payments, to that public authority.”.

(9) For rule 34.24 (enforcement of payments under registered orders), substitute—

“Enforcement of payments under registered orders

34.24.— (1) This rule applies where periodical payments under a registered order are in arrears.

(2) The court officer must, on the written request of the payee, proceed in that officer's own name for the recovery of the sums due unless of the view that it is unreasonable to do so.

(3) If the sums due are more than 4 weeks in arrears the court officer must give the payee notice in writing of that fact stating the particulars of the arrears.”.

(10) For rule 34.25 (notification of registration and cancellation) substitute—

“Notification of registration and cancellation

34.25.   The court officer must send written notice to—

(a) the Lord Chancellor, on the due registration of an order under section 6(3) or 10(4) of the 1972 Act; and

(b) to the payer under the order, on—

(i) the registration of an order under section 10(4) of the 1972 Act; or

(ii) the cancellation of the registration of an order under section 10(1) of that Act.”.

(11) After rule 34.25 insert—

“Other notices under section 6 of the 1972 Act M2

34.25A.— (1) A notice required under section 6(6) or (10) of the 1972 Act must be in the form referred to in a practice direction.

(2) Where a magistrates' court sets aside the registration of an order following an appeal under section 6(7) of the 1972 Act, the court officer must send written notice of the court's decision to the payee. (Section 6(6) of the 1972 Act provides for notice of registration in a United Kingdom court of a maintenance order made in the Republic of Ireland, and section 6(10) of that Act for notice that a maintenance order made in the Republic of Ireland has not been registered in a United Kingdom court.)”

Marginal Citations

M1 S.I. 1993/594.

M2 Section 6 was amended by section 37 of and Schedule 11 to the Civil Jurisdiction and Judgments Act 1982 (c.27).

SUB-SECTION 2 E+W Hague Convention Countries

Application of Section 1 of this Chapter to the Hague Convention Countries E+W

34.27.—(1) In relation to the Hague Convention Countries, Section 1 of this Chapter has effect as modified by this rule.

(2) A reference in this rule, and in any rule which has effect in relation to the Hague Convention Countries by virtue of this rule to—

(a) the 1972 Act is a reference to the 1972 Act as modified by Schedule 2 to the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993 M3 ; and

(b) a section under the 1972 Act is a reference to the section so numbered in the 1972 Act as so modified.

(3) A reference to a reciprocating country in rule 34.12(1) and Section 1 of this Chapter is a reference to a Hague Convention Country.

(4) Rules 34.15 (certification of evidence given on provisional orders), 34.16 (confirmation of provisional orders), 34.19 (notification of confirmation or revocation of a maintenance order by a magistrates' court) and 34.21 (request for the taking of evidence by a court in a reciprocating country) do not apply.

(5) For rule 34.17 (consideration of revocation of a provisional order made by a magistrates' court) substitute—

“Consideration of revocation of a maintenance order made by a magistrates' court

34.17.— (1) This rule applies where—

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

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

(2) The court officer must serve on the payee, by post, a copy of any representations or evidence adduced by or on behalf of the payer. (Provision relating to consideration of variation of a maintenance order made by a magistrates' court to which section 5 of the 1972 Act applies is made in rules made under section 144 of the Magistrates' Courts Act 1980.)”.

(6) For rule 34.18 (notification of variation or revocation of a maintenance order by the High Court or county court) substitute—

“Notification of variation or revocation of a maintenance order by the High Court or a county court

34.18.— (1) This rule applies if the High Court or a county court makes an order varying or revoking a maintenance order to which section 5 of the 1972 Act applies.

(2) If the time for appealing has expired without an appeal having been entered, the court officer will send to the Lord Chancellor—

(a) the documents required by section 5(8) of the 1972 Act; and

(b) a certificate signed by the district judge stating that the order of variation or revocation is enforceable and no longer subject to the ordinary forms of review.

(3) A party who enters an appeal against the order of variation or revocation must, at the same time, give written notice to the court officer.”.

(7) For rule 34.23(2) (method of payment under registered orders) substitute—

“(2) Where the court orders payment to be made to the court officer, the court officer must send the payments by post to the payee under the order.”.

(8) For rule 34.25 (notification of registration and cancellation) substitute—

“Notification of registration and cancellation

34.25.   The court officer must send written notice to—

(a) the Lord Chancellor, on the due registration of an order under section 10(4) of the 1972 Act; and

(b) the payer under the order, on—

(i) the registration of an order under section 10(4) of the 1972 Act; or

(ii) the cancellation of the registration of an order under section 10(1) of the 1972 Act.”.

(9) After rule 34.25 insert—

“General provisions as to notices

34.25A.— (1) A notice to a payer of the registration of an order in a magistrates' court in accordance with section 6(3) of the 1972 Act must be in the form referred to in a practice direction. (Section 6(8) of the 1972 Act requires notice of registration to be given to the payer.)

(2) If the court sets aside the registration of a maintenance order following an appeal under section 6(9) of the 1972 Act, the court officer must send written notice of the decision to the Lord Chancellor.

(3) A notice to a payee that the court officer has refused to register an order must be in the form referred to in a practice direction. (Section 6(11) of the 1972 Act requires notice of refusal of registration to be given to the payee.)

(4) Where, under any provision of Part 1 of the 1972 Act, a court officer serves a notice on a payer who resides in a Hague Convention Country, the court officer must send to the Lord Chancellor a certificate of service.”.

Marginal Citations

M3 S.I. 1993/593.

SUB-SECTION 3 E+W United States of America

Application of Section 1 of this Chapter to the United States of America E+W

34.28.—(1) In relation to the United States of America, Section 1 of this Chapter has effect as modified by this rule.

(2) A reference in this rule and in any rule which has effect in relation to the United States of America by virtue of this rule to—

(a) the 1972 Act is a reference to the 1972 Act as modified by Schedule 1 to the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 2007 M4 ; and

(b) a section under the 1972 Act is a reference to the section so numbered in the 1972 Act as so modified.

(3) A reference to a reciprocating country in rule 34.12(1) and Section 1 of this Chapter is a reference to the United States of America.

(4) Rules 34.15 (certification of evidence given on provisional orders), 34.16 (confirmation of provisional orders), 34.19 (notification of confirmation or revocation of a maintenance order made by a magistrates' court) and 34.21 (request for the taking of evidence in a reciprocating country) do not apply.

(5) For rule 34.17 (consideration of revocation of a provisional order made by a magistrates' court) substitute—

“Consideration of revocation of a maintenance order made by a magistrates' court

34.17.— (1) This rule applies where—

(a) an application has been made to a magistrates' court by a payee for the revocation 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 court officer must serve on the payee by post a copy of any representations or evidence adduced by or on behalf of the payer. (Provision relating to consideration of variation of a maintenance order made by a magistrates' court to which section 5 of the 1972 Act applies is made in rules made under section 144 of the Magistrates' Courts Act 1980.)”.

(6) For rule 34.18 (notification of variation or revocation), substitute—

“Notification of variation or revocation

34.18.   If the High Court or a county court makes an order varying or revoking a maintenance order to which section 5 of the 1972 Act applies, the court officer will send to the Lord Chancellor the documents required by section 5(7) of that Act.”.

(7) For 34.23(2)(method of payment under registered orders) substitute—

“(2) Where the court orders payment to be made to the court officer, the court officer must send the payments by post to the payee under the order.”.

(8) For rule 34.25 (notification of registration and cancellation) substitute—

“Notification of registration and cancellation

34.25.   The court officer must send written notice to—

(a) the Lord Chancellor, on the due registration of an order under section 10(4) of the 1972 Act; or

(b) the payer under the order, on—

(i) the registration of an order under section 10(4) of the 1972 Act; or

(ii) the cancellation of the registration of an order under section 10(1) of that Act.”

Marginal Citations

M4 S.I. 2007/2006.