The Magistrates' Courts Rules 1981

Enforcement of affiliation orders, etc. E+W

59.—(1) Subject to the following provisions of this rule, a complaint for the enforcement of an affiliation order, or an order enforceable as an affiliation order, shall be heard by the court that made the order:

Provided that—

(a) where—

(i) the complainant is the person in whose favour the order was made or, if that person is a child, is the child or the person with whom the child has his home; and

(ii) the complainant resides in a petty sessions area other than that for which the court acts; and

(iii) payment is directed to be made either to the complainant or the clerk of a magistrates' court acting for that petty sessions area,

the complaint may be heard by the last-mentioned court;

(b) where the complainant is the clerk of a magistrates' court, the complaint may be heard by that court.

(2) Where a complaint is made to a justice of the peace for the enforcement of such an order as aforesaid and it appears to him that the defendant is for the time being in some petty sessions area other than that for which the justice is acting and that the order may be more conveniently enforced by a magistrates' court acting for that area, the justice shall cause the clerk of the court to send the complaint by post to the clerk of a magistrates' court acting for that other petty sessions area, and for that purpose shall write down the complaint if this has not already been done.

(3) On receipt by the clerk of a magistrates' court of a complaint sent under the last preceding paragraph, he shall bring it before the court; and the court shall issue a summons or warrant for procuring the appearance of the defendant before it, and shall hear and determine the complaint.

(4) If, after a complaint has been sent to the clerk of a magistrates' court under this rule, the clerk of the court to which the complaint was made receives any payment under the order, he shall forthwith send by post to the clerk to whom the complaint was sent a certificate of the amount of the payment and of the date when it was made.

(5) If, after a complaint has been sent as aforesaid, payment under the order is made, not to the clerk of the court to which the complaint was originally made, but to the person specified in the order or, in the case of a child, to the person with whom the child has his home, that person shall forthwith inform the clerk of the amount and date as aforesaid and the clerk shall forthwith send a certificate of the amount and date as required by the last preceding paragraph.

(6) A certificate under this rule purporting to be signed by the clerk of the court to which the complaint was originally made shall be admissible as evidence on the hearing of the complaint that the amount specified in the certificate was paid on the date so specified.

(7) This rule shall not apply—

(a) where jurisdiction is confined by section 88(2)(a) of the Children and Young Persons Act 1933(1), to courts having jurisdiction in the place where the person liable is residing;

(b) to a contribution order.

Commencement Information

I1 Rule 59 in force at 6.7.1981, see rule 1(1)

(1)

1933 c. 12; section 88 was amended by the Children and Young Persons Act 1969 (c. 54) section 72(3) and Schedule 5, paragraph 10 and the Domestic Proceedings and Magistrates' Courts' Act 1978 (c. 22), section 89(2)(a) and Schedule 2, paragraph 4.