SCHEDULE 1The Rules of the Supreme Court (Northern Ireland) 1980

SPECIAL PROVISIONS AS TO PARTICULAR PROCEEDINGS

ORDER 105REGISTRATION OF MAINTENANCE ORDERS: ATTACHMENT OF EARNINGS ORDERS FOR THE ENFORCEMENT OF MAINTENANCE ORDERS

III. PROCEEDINGS UNDER PART II OF THE ACT OF 1950 AND PART I OF THE ACT OF 1958

Interpretation of Part III3

In this Part of this Order—

  • “Deputy Principal Clerk” means the Deputy Principal Clerk of Session;

  • “Senior Registrar” means the Senior Registrar of the Principal Registry of the Family Division of the High Court of Justice in England and Wales;

  • “Northern Ireland Order” means a maintenance order made by the High Court;

  • “English order” means a maintenance order made by the High Court of Judicature in England and Wales;

  • “Scottish order” means a maintenance order made by the Court of Session;

  • “Maintenance order” means a maintenance order to which section 16 of the Act of 1950 applies;

  • “the register” means the register kept for the purpose of the Act of 1950 and the Act of 1958;

  • "a magistrates' court" means a magistrates' court in England and Wales;

Registration, etc., of Northern Ireland Order under the Act of 19504

1

An application for the registration of a Northern Ireland order under Part II of the Act of 1950 may be made by lodging with the Master—

a

a letter of application;

b

an affidavit by the applicant;

c

a copy of that affidavit, and

d

a certified copy of the order.

2

The affidavit lodged under paragraph (1) shall state—

a

the address in the United Kingdom, and the occupation of the person liable to make payments under the order;

b

the date of service of the order on the person liable to make payments thereunder or, if the order has not been served, the reason why service has not been effected;

c

the reason why it is convenient that the order should be enforceable in England and Wales or Scotland as the case may be;

d

the amount of any arrears due to the applicant under the order, and

e

that the order is not already registered.

3

If it appears to the Master that the person liable to make payments under the order resides in England and Wales or Scotland and that it is convenient that the order should be enforceable there, he shall send a certified copy of the order and the applicant's affidavit to the Senior Registrar or the Deputy Principal Clerk as the case may be.

4

The prescribed officer for the purposes of the Act of 1950 and the Act of 1958 shall be the Master.

5

On receipt of notice of the registration of a Northern Ireland order in the Supreme Court of Judicature in England and Wales or the Court of Session the Master shall cause particulars of the notice to be entered in Part I of the register.

6

The fact that the order has been registered in the Supreme Court of Judicature in England and Wales or the Court of Session shall be noted in the court minutes.

Re-registration of a Northern Ireland Order in a Magistrates' Court under Part 1 of the Act of 19585

1

Where a Northern Ireland order bas been registered in the Supreme Court of Judicature in England and Wales under Part II of the Act of 1950 an application under Part I of the Act of 1958 for the registration of that order in a magistrates' court shall be made by lodging with the Master—

a

a letter of application;

b

an affidavit by the applicant;

c

a copy of the affidavit, and

d

a certified copy of the order.

2

The affidavit lodged under paragraph (1) shall state—

a

the date of the registration of the order in the Supreme Court of Judicature in England and Wales under Part II of the Act of 1950;

b

the address and occupation of the person liable to make payments under the order;

c

the reason why registration of the order in a magistrates' court is desired;

d

the amount of any arrears due under the order, the date to which those arrears have been calculated and the date on which the next payment under the order falls due;

e

the date of birth of each child named in the Order;

f

whether any proceedings are pending for the enforcement of the order; and

g

that the order is not already registered under the Act of 1958 or if the order has been registered under that Act, whether the registration has been cancelled.

3

The period required to be subscribed by rules of court for the purpose of section 2(2) of the Act of 1958 shall be 14 days.

4

If the application is granted the Master shall send to the clerk of the appropriate magistrates' court—

a

the copy of the affidavit;

b

a certified copy of the Northern Ireland order, and

c

a copy of the order granting the application.

5

On receiving notice that the order has been registered in a magistrates' court the Master shall enter particulars of the registration in Part I of the register and in the Court minutes.

Discharge or variation of registered order6

Where the High Court makes an order varying or discharging a Northern Ireland order registered under the Act of 1950 the Master shall send to the Senior Registrar or the Deputy Principal Clerk, as the case may be, and where the order is re-registered in a magistrates' court under the Act of 1958 to the clerk of that court, a certified copy of the order varying or discharging the registered order.

Cancellation of registration7

Where the registration of a Northern Ireland order registered in the Supreme Court of Judicature in England and Wales or the Court of Session under the Act of 1950 is cancelled under section 24(1) of the Act of 1950, and where the order is registered in a magistrates' court under the Act of 1958 the registration in that court is cancelled under section 5 of the Act of 1958 the Master on receipt of notice of cancellation shall cause particulars of it to be entered in Part I of the register.

Registration, etc. of English and Scottish Orders

8

1

In relation to an English or Scottish order the prescribed officer for the purposes of section 17(2) of the Act of 1950 shall be the Master.

2

On receipt of a certified copy of an English or Scottish order for registration, the Master shall—

a

cause the order to be registered in Part II of the register and notify the Senior Registrar or Deputy Principal Clerk as the case may be, that this has been done;

b

file the certified copy and any statutory declaration or affidavit as to the amount of any arrears due under the order.

3

An application under section 21(2) of the Act of 1950 by a person liable to make payments under a Scottish order registered in the High Court to adduce before the Court such evidence as is mentioned in that section shall be made by lodging a request for an appointment before the Master; and notice of the day and time fixed for hearing shall be sent by post to the applicant and to the person entitled to payments under the order.

4

The prescribed officer to whom notice of the discharge or variation of an English or Scottish order registered in the High Court is to be given under section 23(1)(a) of the Act of 1950 shall be the Master to whom a certified copy of the order was sent for registration, and on receipt of the notice he shall cause particulars of it to be registered in Part II of the register.

5

An application under section 24(1) of the Act of 1950 for the cancellation of the registration of an English or Scottish order shall be made ex parte by affidavit to the Master, and the Master, if he cancels the registration, shall note the cancellation in Part II of the register and send notice of the cancellation to the Senior Registrar or Deputy Principal Clerk, as the case maybe.

[E.r. 5]

Inspection of register

9

Any person who satisfies the Master that he is entitled to or liable to make payments under a maintenance order of a superior court or a solicitor acting on behalf of any such person or, with the leave of the Master any other person, may inspect the register and bespeak copies of any such order which is registered in the High Court under Part II of the Act of 1950 and of any statutory declaration or affidavit filed therewith.

[E.r. 6]