PART 33ENFORCEMENT
CHAPTER 1GENERAL RULES
Application33
1
The rules in this Part apply to an application made in the High Court and F4the family court to enforce an order made in family proceedings.
SECTION 1Enforcement of orders for the payment of money
Application of the Civil Procedure Rules33
Part 70 of the CPR applies to proceedings under this Section as if—
a
in rule 70.1, in paragraph (2)(d), “but does not include a judgment or order for the payment of money into court” is omitted; F9...
F8a1
in rule 70.3(1), for “County Court” there is substituted “family court”; and
b
rule 70.5 is omitted.
How to apply33
1
Except where a rule or practice direction otherwise requires, an application for an order to enforce an order for the payment of money must be made in a notice of application accompanied by a statement which must—
a
state the amount due under the order, showing how that amount is arrived at; and
b
be verified by a statement of truth.
2
The notice of application may either—
a
apply for an order specifying the method of enforcement; or
b
apply for an order for such method of enforcement as the court may consider appropriate.
3
If an application is made under paragraph (2)(b), an order to attend court will be issued and rule 71.2 (6) and (7) of the CPR will apply as if the application had been made under that rule.
Transfer of orders33
1
This rule applies to an application for the transfer—
a
to the High Court of an order made in F10the family court; and
b
to F10the family court of an order made in the High Court.
2
The application must be—
a
made without notice; and
b
accompanied by a statement which complies with rule 33.3(1).
3
The transfer will have effect upon the filing of the application.
4
Where an order is transferred from F10the family court to the High Court—
a
it will have the same force and effect; and
b
the same proceedings may be taken on it,
as if it were an order of the High Court.
5
This rule does not apply to the transfer of orders for periodical payments or for the recovery of arrears of periodical payments.
SECTION 2Committal and injunction
F2Enforcement of orders by way of committal33
Part 37 applies as appropriate for the enforcement by way of committal of an order made in family proceedings.
Proceedings in the principal registry treated as pending in a designated county courtF233
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Specific modifications of the CCRF233
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 118 County Courts Act 1984 and the tipstaffF233
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER 2COMMITTAL BY WAY OF JUDGMENT SUMMONS
Interpretation33
In this Chapter, unless the context requires otherwise—
“order” means an order made in family proceedings for the payment of money;
“judgment creditor” means a person entitled to enforce an order under section 5 of the Debtors Act 1869;
“debtor” means a person liable under an order; and
“judgment summons” means a summons under section 5 of the Debtor's Act 1869 M1 requiring a debtor to attend court.
Application33
F111
An application for the issue of a judgment summons may be made—
a
in the case of an order of the High Court, to—
i
the principal registry;
ii
a district registry; or
iii
the family court,
whichever in the opinion of the judgment creditor is most convenient, and if to the family court, to whichever Designated Family Judge area is in the opinion of the judgment creditor most convenient; and
b
in the case of an order of the family court, to whichever Designated Family Judge area is in the opinion of the judgment creditor most convenient,
having regard (in any case) to the place where the debtor resides or carries on business and irrespective of the location of the court or registry in which the order was made.
(For the way in which information will be provided to enable Designated Family Judge areas and Designated Family Courts to be identified, see Practice Direction 34E.)
2
An application must be accompanied by a statement which—
a
complies with rule 33.3(1);
b
contains all the evidence on which the judgment creditor intends to rely; and
c
has exhibited to it a copy of the order.
Judgment summons33
1
If the debtor is in default under an order of committal made on a previous judgment summons in respect of the same order, a judgment summons must not be issued without the court's permission.
2
A judgment summons must—
a
be accompanied by the statement referred to in rule 33.10(2) and
b
be served on the debtor personally not less than 14 days before the hearing.
3
A debtor served with the judgment summons under paragraph (2)(b) must be paid or offered a sum reasonably sufficient to cover the expenses of travelling to and from the court F12building at which the debtor is summoned to appear.
Successive judgment summonses33
Subject to rule 33.11(1), successive judgment summonses may be issued even if the debtor has ceased to reside or carry on business at the address stated in the application for the issue of a judgment summons since the issue of the original judgment summons.
Requirement for personal service33
In proceedings for committal by way of judgment summons, the following documents must be served personally on the debtor—
a
where the court has summonsed the debtor to attend and the debtor has failed to do so, the notice of the date and time fixed for the adjourned hearing; and
b
copies of the judgment summons and the documents mentioned in rule 33.10(2).
Committal on application for judgment summons33
1
No person may be committed on an application for a judgment summons unless—
a
where the proceedings are in the High Court, the debtor has failed to attend both the hearing that the debtor was summonsed to attend and the adjourned hearing;
b
c
the judgment creditor proves that the debtor—
i
has, or has had, since the date of the order the means to pay the sum in respect of which the debtor has made default; and
ii
has refused or neglected, or refuses or neglects, to pay that sum.
2
The debtor may not be compelled to give evidence.
Orders for the benefit of different persons33
Where an applicant has obtained one or more orders in the same application but for the benefit of different persons—
a
where the judgment creditor is a child, the applicant may apply for the issue of a judgment summons in respect of those orders on behalf of the judgment creditor without seeking permission to act as the child's litigation friend; and
b
only one judgment summons need be issued in respect of those orders.
Hearing of judgment summons33
1
On the hearing of the judgment summons the court may—
a
where the order is for lump sum provision or costs; or
b
where the order is an order for maintenance pending suit, an order for maintenance pending outcome of proceedings or an order for other periodical payments and it appears to the court that the order would have been varied or suspended if the debtor had made an application for that purpose,
make a new order for payment of the amount due under the original order, together with the costs of the judgment summons, either at a specified time or by instalments.
2
If the court makes an order of committal, it may direct its execution to be suspended on terms that the debtor pays to the judgment creditor—
a
the amount due;
b
the costs of the judgment summons; and
c
any sums accruing due under the original order,
either at a specified time or by instalments.
3
All payments under a new order or an order of committal must be made to the judgment creditor unless the court directs otherwise.
4
Where an order of committal is suspended on such terms as are mentioned in paragraph (2)—
a
all payments made under the suspended order will be deemed to be made—
i
first, in or towards the discharge of any sums from time to time accruing due under the original order; and
ii
secondly, in or towards the discharge of a debt in respect of which the judgment summons was issued and the costs of the summons; and
b
the suspended order must not be executed until the judgment creditor has filed a statement of default on the part of the debtor.
Special provisions as to judgment summonses in the High Court33
1
The court may summons witnesses to give evidence to prove the means of the debtor and may issue a witness summons for that purpose.
2
Where the debtor appears at the hearing, the court may direct that the travelling expenses paid to the debtor be allowed as expenses of a witness.
3
Where the debtor appears at the hearing and no order of committal is made, the court may allow the debtor's proper costs including compensation for any loss of earnings.
4
When the court makes—
a
a new order; or
b
an order of committal,
a court officer must send notice of the order to the debtor and, if the original order was made in another court, to that court.
5
An order of committal must be directed—
a
where the order is to be executed by the tipstaff, to the tipstaff; or
b
where the order is to be executed by a deputy tipstaff, to the F14Designated Family Judge area within which the debtor is to be found.
Special provisions as to judgment summonses in designated county courtsF1533
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER 3ATTACHMENT OF EARNINGS
F3Application of CCR Order 27: enforcement of a judgment debt33.19
1
Order 27 of the CCR applies to proceedings under this Part for the enforcement of a judgment debt with the following modifications.
2
In Order 27 rule 3—
a
in paragraph (1), for “County Court hearing centre” there is substituted “Designated Family Court for the Designated Family Judge area”;
b
in paragraph (2), for “County Court hearing centre in” there is substituted “Designated Family Court for the Designated Family Judge area within”;
c
in paragraph (3)—
i
for “County Court hearing centre” there is substituted “Designated Family Court for the Designated Family Judge area”;
ii
for the words from “at another” to the end there is substituted “within another Designated Family Judge area, the application shall be made to the Designated Family Court for that other Designated Family Judge area.”; and
d
paragraph (4) is omitted.
3
In Order 27 rule 7—
a
in paragraph (3), for “District Judge” in each place where it occurs there is substituted “court”;
b
in paragraph (4)—
i
for “District Judge who” there is substituted “court which”; and
ii
for “if the District Judge” there is substituted “if it”;
c
in paragraph (5)—
i
for “District Judge does” there is substituted “court does”; and
ii
for “they” there is substituted “it”; and
d
in paragraph (7), for “District Judge” in each place where it occurs there is substituted “court”.
4
In Order 27 rule 10—
a
in paragraph (2), for “District Judge” there is substituted “court”; and
b
in paragraph (3)—
i
the words “or a magistrates’ court” and “or, as the case may be, the magistrates’ court” are omitted; and
ii
for “County Court” there is substituted “family court”.
5
In Order 27 rule 11, for “District Judge” there is substituted “court”.
6
In Order 27 rule 14, for paragraphs (1) and (2) there is substituted—
1
Where the question of making a consolidated attachment order falls to be considered in a Designated Family Judge area which is not the area in which an attachment of earnings order has been made to secure the payment of a judgment debt by the debtor, the family court sitting in the last-mentioned area shall, at the request of the family court sitting in the first-mentioned area, transfer to that court the matter in which the attachment of earnings order was made.
2
Without prejudice to paragraph (1), if in the opinion of the family court sitting in a Designated Family Judge area in which an attachment of earnings order has been made the matter could more conveniently proceed in another Designated Family Judge area (whether by reason of the debtor having become resident in that other Designated Family Judge area or otherwise), the court may order the matter to be transferred to that other area.
7
In Order 27 rule 16, in paragraph (10, for “the County Court, the District Judge” there is substituted “the family court, the court”.
8
In Order 27 rule 19, in paragraph (3D), for “District Judge who” there is substituted “court which”.
Application of CCR Order 27: enforcement of a maintenance order33.19A
1
Order 27 of the CCR applies to proceedings under this Part for the enforcement of a maintenance order as it applies to proceedings for the enforcement of a judgment debt, subject to the following provisions of this rule—
a
paragraphs (2) and (3) in relation to failure by a debtor under a maintenance order to attend court and the application of section 23 of the Attachment of Earnings Act 1971; and
b
paragraphs (4) to (11) in relation to applications for an attachment of earnings order to secure payments under a maintenance order, the making of such attachment of earnings orders and their discharge.
2
An order under section 23(1) of the Attachment of Earnings Act 1971 for the attendance of the debtor at an adjourned hearing for an attachment of earnings order to secure payments under a maintenance order must—
a
be served on the debtor personally not less than 5 days before the day fixed for the adjourned hearing; and
b
direct that any payments made thereafter must be paid into the court and not direct to the judgment creditor.
3
An application by a debtor for the revocation of an order committing the debtor to prison and (if already in custody) for discharge under section 23(7) of the Attachment of Earnings Act 1971 must—
a
be made to court in writing without notice to any other party, stating the reasons for the debtor’s failure to attend the court or refusal to be sworn or to give evidence (as the case may be) and containing an undertaking by the debtor to attend the court or to be sworn or to give evidence when next required to do so; and
b
if the debtor has already been lodged in prison, be attested by the governor of the prison (or any other officer of the prison not below the rank of principal officer), and in any other case be made in a witness statement or affidavit,
and before dealing with the application the court may, if it thinks fit, cause notice to be given to the judgment creditor that the application has been made and of a date and time when the judgment creditor may attend and be heard.
4
An application for an attachment of earnings order to secure payments under a maintenance order must be made to the Designated Family Judge area within which the order was made.
5
Any application under section 32 of the 1973 Act for permission to enforce the payment of arrears which became due more than 12 months before the application for an attachment of earnings order must be made in the application for the attachment of earnings order.
6
Notice of the application, together with a form of reply in the appropriate form, must be served on the debtor in the manner set out in rule 6.23 and—
a
service of the notice must be effected not less than 21 days before the hearing, but may be effected at any time before the hearing on the applicant satisfying the court by witness statement or affidavit that the respondent is about to move from the address for service; and
b
rule 5(2A) of CCR Order 27 does not apply.
7
An application by the debtor for an attachment of earnings order to secure payments under a maintenance order may be made on the making of the maintenance order or of an order varying the maintenance order, and rules 4 and 5 of CCR Order 27 do not apply in such a case.
8
Rule 7 of CCR Order 27 has effect as if for paragraphs (1) to (8) of that rule there were substituted the following paragraph—
1
An application for an attachment of earnings order to secure payments under a maintenance order shall be heard in private.
9
Where an attachment of earnings order made by the High Court designates the court officer of the family court as the collecting officer, that officer shall, on receipt of a certified copy of the order from the court officer of the High Court, send to the person to whom the order is directed a notice as to the mode of payment.
10
Where an attachment of earnings order made by the family court to secure payments under a maintenance order ceases to have effect and—
a
the related maintenance order was made by that court; or
b
the related maintenance order was an order of the High Court and—
i
the court officer of the family court has received notice of the cessation from the court officer of the High Court; or
ii
a committal order has been made in the family court for the enforcement of the related maintenance order,
the court officer of the family court shall give notice of the cessation to the person to whom the attachment of earnings order was directed.
11
Rule 13 of CCR Order 27 has effect as if for paragraphs (4) to (7) there were substituted the following paragraph—
4
Where the family court has made an attachment of earnings order and it appears to the court that the related maintenance order has ceased to have effect (whether by virtue of the terms of the maintenance order or under section 238 of the 1973 Act or otherwise), the court may discharge or vary the attachment of earnings order.
CHAPTER 4WARRANT OF F1CONTROL
Applications to vary existing orders33
Where an application is pending for a variation of—
a
a financial order;
b
an order under section 27 of the 1973 Act; or
c
an order under Part 9 of Schedule 5 to the 2004 Act,
Section 103 County Courts Act 1984F1833
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER 5COURT'S POWER TO APPOINT A RECEIVER
Application of the CPR33
Part 69 of the CPR applies to proceedings under this Part.
CHAPTER 6ORDERS TO OBTAIN INFORMATION FROM JUDGMENT DEBTORS
F19Application of the CPR33
1
Part 71 of the CPR applies to proceedings under this Part with the following modifications.
2
In rule 71.2(2), for paragraph (b) substitute—
b
must be—
i
issued in the High Court if the High Court made the judgment or order which it is sought to enforce; or
ii
made to the Designated Family Court for the Designated Family Judge area within which the judgment or order was made,
except that if the proceedings have since been transferred to a different court or Designated Family Judge area, it must be issued in that court or made to that area.
CHAPTER 7THIRD PARTY DEBT ORDERS
Application of the CPR33
1
Part 72 of the CPR applies to proceedings under this Part with the following modifications.
F201A
In rule 72.3, for paragraph (1)(b) there is substituted—
b
must be issued in the court which made the judgment or order which it is sought to enforce, or made to the Designated Family Judge area within which that judgment or order was made, except that if the proceedings have since been transferred to a different court or Designated Family Judge area, it must be issued in that court or made to that area.
2
In rule 72.4—
a
in paragraph (1), for “a judge” there is substituted “
the court
”
; and
b
in paragraph (2), for “judge” there is substituted “
court
”
.
F213
In rule 72.7—
a
in paragraph (2)(a), after “the Royal Courts of Justice” there is inserted “or the principal registry”; and
b
in paragraph (2)(b), for “in County Court proceedings, to any County Court hearing centre” there is substituted “in family court proceedings, to any Designated Family Judge area”.
4
Rule 72.10 is omitted.
CHAPTER 8CHARGING ORDER, STOP ORDER, STOP NOTICE
Application of the CPR33
1
Part 73 of the CPR applies to proceedings under this Part with the following modifications.
2
In rule 73.1, paragraph (2), sub-paragraphs (b) and (c) are omitted.
3
For rule 73.2, there is substituted “
This Section applies to an application by a judgment creditor for a charging order under section 1 of the 1979 Act M3.
”
.
F224
In rule 73.3, in paragraph (2)—
a
for the words from “court” to “enforce” there is substituted “court which made the judgment or order which it is sought to enforce, or made to the Designated Family Judge area within which that judgment or order was made”;
b
in sub-paragraph (a), for the words from “different court” to the end there is substituted “different court or Designated Family Judge area, in which case the application must be issued in that court or made to that area”;
c
sub-paragraphs (b) and (c) are omitted;
d
in sub-paragraph (d), for “County Court” there is substituted “family court”; and
e
sub-paragraph (e) is omitted.
5
In rule 73.4—
a
in paragraph (1), for “a judge” there is substituted “
the court,
”
; and
b
in paragraph (2), for “judge” there is substituted “
court
”
.
6
In rule 73.9,in the parenthesis after paragraph (1)—
a
“and regulation 51.4 of the 1992 Regulations” is omitted;
b
for “provides” there is substituted “
provide
”
, and
c
“, or (where the 1992 Regulations apply) of the authority,” is omitted.
7
In rule 73.10—
a
in paragraph (1), for “a claim” there is substituted “
an application
”
;
b
in paragraph (2) and the parenthesis following it, for “A claim” each time it appears there is substituted “
An application
”
;
c
in paragraph (3), for “claimant” there is substituted “
applicant
”
;
d
in paragraph (4), for “claim form” there is substituted “
application
”
; and
e
in paragraph (5), for “claimant's” there is substituted “applicant's”.
8
In rule 73.11, “funds in court or” is omitted.
9
In rule 73.12—
a
paragraph (1)(a) is omitted;
b
in paragraph (1)(b) “other than securities held in court” is omitted;
c
in paragraph (2), in sub-paragraph (b), for “claim form” there is substituted “
application notice
”
; and
d
in paragraph (3)—
i
“or claim form” is omitted; and
ii
for sub-paragraph (b) there is substituted “
the person specified in rule 73.5(1)(d)
”
.
10
Rule 73.13 is omitted.
11
In rule 73.14, in paragraph (1), “other than securities held in court” is omitted.
12
In rule 73.16—
a
in paragraph (a) for “; and” there is substituted “
.
”
; and
b
paragraph (b) is omitted.
Word in Pt. 33 Ch. 4 heading substituted (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 38 (with rule 45)