The Magistrates' Courts (Maintenance Orders Act, 1958) Rules 1959

Manner in which magistrates' court is to be satisfied as to various matters

2.—(1) On an application for the registration in the High Court of a magistrates' court order, the court shall be satisfied in the manner provided by paragraph (4) of this Rule as to the amount due and unpaid under the order at the time the application was made.

(2) Where such an application as aforesaid is granted, the court shall be satisfied in the manner provided by paragraph (4) of this Rule that no process for the enforcement of the order issued before the grant of the application remains in force.

(3) Where the court receives a notice given under section five of the Act (which relates to the cancellation of registration), the court shall be satisfied in the manner provided by paragraph (4) of this Rule that no process for the enforcement of the order issued before the giving of the notice remains in force and that no proceedings for the variation of the order are pending in a magistrates' court.

(4) For the purpose of satisfying the court as to the matters referred to in this Rule—

(a) if the person through or to whom payments are ordered to be made is the clerk of a magistrates' court, there shall be produced a certificate in that behalf purporting to be signed by the clerk in the form numbered 1, 2 or 3, as the case may be, in the Schedule to these Rules;

(b) in any other case, there shall be produced a document purporting to be a statutory declaration in that behalf in the form numbered 4, 5 or 6, as the case may be, in the Schedule to these Rules.