The Rules of the Supreme Court (Amendment) 1980

22.  Order 105 shall be amended by adding the following rule:—

“Application of Part VI to the Hague Convention countries

29.— (1) In relation to the Hague Convention countries, rules 21, 22, 25, 26 and 27 shall have effect subject to the provisions of this rule, but rules 23 and 24 shall not apply.

(2) A reference in rules 22 and 25 to a reciprocating country shall be construed as a reference to a Hague Convention country.

(3) The following words shall be inserted after paragraph (a)(ii) of rule 22:—

“and (iii) whether the time for appealing against the order has expired and whether an appeal is pending.”

(4) The following paragraphs shall be inserted after paragraph (e) of rule 22:

“(f) a statement as to whether or not the payer appeared in the proceedings in which the maintenance order was made, and, if he did not, the original or a copy certified by the applicant or his solicitor to be a true copy of a document which establishes that notice of the institution of proceedings, including notice of the substance of the claim, was served on the payer;

(g) a document which establishes that notice of the order was sent to the payer;

(h) a written statement as to whether or not the payee received legal aid in the proceedings in which the order was made, or in connection with the application under section 2 of the 1972 Act and, if he did, a copy certified by the applicant or his solicitor to be a true copy of the legal aid certificate.”

(5) In relation to the Hague Convention countries the following rules shall apply in place of rules 26 and 27:—

“Notification of variation or revocation

26.— (1) Where the High Court makes an order varying or revoking a maintenance order to which section 5 of the Act of 1972, as modified, applies, and the time for appealing has expired without an appeal having been entered, the registrar shall send to the Secretary of State such documents as are required by subsection (7) of that section, as it applies to Hague Convention countries, including a certificate that the order of variation or revocation is enforceable and that it is no longer subject to the ordinary forms of review.

(2) Where either party enters an appeal against the order of variation or revocation he shall, at the same time, inform the registrar thereof by a notice in writing.

Transmission of documents

27.   Any document required to be sent to a court in a Hague Convention country shall be sent to the Secretary of State for transmission to the court.””