The Magistrates’ Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011

Variation of a maintenance order registered in a magistrates’ court in England and Wales: section 22(1) of the 1950 Act

28.—(1) An application under section 22(1) of the 1950 Act for the variation of the rate of the payments under a maintenance order registered under Part 2 of the 1950 Act in a magistrates’ court in England and Wales must be made by way of complaint in accordance with the 1980 Act.

(2) When the complaint is made, a summons may be issued directed to any person to whom the justice to whom the complaint is made may consider proper to answer it.

(3) Where the maintenance order is varied, the designated officer must—

(a) give notice of the variation to the clerk of the court in Scotland or Northern Ireland by which the order was made; and

(b) if the order is registered in the High Court under Part 1 of the 1958 Act by virtue of section 1(2) of that Act, give notice of the variation to the appropriate officer of the High Court,

by sending to the clerk of the court and, where necessary, the appropriate officer of the High Court, a certified copy of the order of variation.

(4) Where a maintenance order registered under Part 2 of the 1950 Act in a magistrates’ court is discharged or varied by any other court, the designated officer for the court in which it is registered will be the prescribed officer to whom, under section 23(1)(a) of the 1950 Act, notice of the discharge or variation must be given.

(5) On receipt of a certified copy of an order discharging or varying the registered order, the designated officer must enter a memorandum of that order in the register.