The Family Proceedings Rules 1991

Chapter 4. Enforcement of maintenance orders

Interpretation

7.16  In this chapter—

“the Act of 1920” means the Maintenance Orders (Facilities for Enforcement) Act 1920(1);

“the Act of 1950” means the Maintenance Orders Act 1950(2);

“the Act of 1958” means the Maintenance Orders Act 1958(3);

“the Act of 1965” means the Matrimonial Causes Act 1965(4);

“the Act of 1971” means the Attachment of Earnings Act 1971(5);

“the Act of 1972” means the Maintenance Orders (Reciprocal Enforcement) Act 1972(6);

“English maintenance order” means a maintenance order made in the High Court.

Registration etc. of orders under Act of 1920

7.17—(1) The prescribed officer for the purposes of section 1(1) of the Act of 1920 shall be the senior district judge, and on receiving from the Secretary of State a copy of a maintenance order made by a court in any part of Her Majesty’s dominions outside the United Kingdom to which the Act of 1920 extends he shall cause the order to be registered in the register kept for the purpose of that Act (in this rule referred to as “the register”).

• The copy of the order received from the Secretary of State shall be filed in the principal registry.

(2) An application for the transmission of an English maintenance order under section 2 of the Act of 1920 shall be made to the district judge by lodging in the principal registry a certified copy of the order and an affidavit stating the applicant’s reasons for believing that the person liable to make payments under the order is resident in some part of Her Majesty’s dominions outside the United Kingdom to which the Act of 1920 extends, together with full particulars, so far as known to the applicant, of that person’s address and occupation and any other information which may be required by the law of that part of Her Majesty’s dominions for the purpose of the enforcement of the order.

(3) If it appears to the district judge mentioned in paragraph (2) that the person liable to make payments under the English maintenance order is resident in some part of Her Majesty’s dominions outside the United Kingdom to which the Act of 1920 extends, he shall send the certified copy of the order to the Secretary of State for transmission to the Governor of that part of Her Majesty’s dominions.

• Particulars of any English maintenance order sent to the Secretary of State under the said section 2 shall be entered in the register and the fact that this has been done shall be noted in the records of the court.

(4) Where an English maintenance order has been made in a cause or matter proceeding in a district registry, an application for the transmission of the order under the said section 2 may be made to the district judge of that registry and paragraphs (2) and (3) of this rule shall have effect as if for reference to the principal registry there were substituted references to the district registry.

• The proper officer shall send to the principal registry for entry in the register particulars of any order sent by him to the Secretary of State.

(5) Any person who satisfies a district judge that he is entitled to or liable to make payments under an English maintenance order or a maintenance order made by a court in any part of Her Majesty s dominions outside the United Kingdom to which the Act of 1920 extends or a solicitor acting on behalf of any such person or, with the leave of a district judge, any other person may inspect the register and bespeak copies of any order which has been registered and of any document filed therewith.

(1)

1920 c. 33.

(2)

1950 c. 37.

(3)

1958 c. 39.

(4)

1965 c. 72.

(5)

1971 c. 32.

(6)

1972 c. 18.