PART 34RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS

CHAPTER 2ENFORCEMENT OF MAINTENANCE ORDERS UNDER PART 1 OF THE 1972 ACT

SECTION 2Modification of rules in Section 1 of this Chapter

SUB-SECTION 1Republic of Ireland

Application of Section 1 of this Chapter to the Republic of IrelandF134.26.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SUB-SECTION 2Hague Convention Countries

Application of Section 1 of this Chapter to the Hague Convention Countries34.27.

(1)

In relation to the Hague Convention Countries, Section 1 of this Chapter has effect as modified by this rule.

(2)

A reference in this rule, and in any rule which has effect in relation to the Hague Convention Countries by virtue of this rule to—

(a)

the 1972 Act is a reference to the 1972 Act as modified by Schedule 2 to the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993 M1; and

(b)

a section under the 1972 Act is a reference to the section so numbered in the 1972 Act as so modified.

(3)

A reference to a reciprocating country in rule 34.12(1) and Section 1 of this Chapter is a reference to a Hague Convention Country.

(4)

Rules 34.15 (certification of evidence given on provisional orders), 34.16 (confirmation of provisional orders), 34.19 (notification of confirmation or revocation of a maintenance order by a magistrates' court) and 34.21 (request for the taking of evidence by a court in a reciprocating country) do not apply.

(5)

For rule 34.17 (consideration of revocation of a provisional order made by a magistrates' court) substitute—

“Consideration of revocation of a maintenance order made by a magistrates' court34.17.

(1)

This rule applies where—

(a)

an application has been made to a magistrates' court by a payee for the revocation of an order to which section 5 of the 1972 Act applies; and

(b)

the payer resides in a Hague Convention Country.

(2)

The court officer must serve on the payee, by post, a copy of any representations or evidence adduced by or on behalf of the payer. (Provision relating to consideration of variation of a maintenance order made by a magistrates' court to which section 5 of the 1972 Act applies is made in rules made under section 144 of the Magistrates' Courts Act 1980.)”.

(6)

For rule 34.18 (notification of variation or revocation of a maintenance order by the High Court or county court) substitute—

“Notification of variation or revocation of a maintenance order by the High Court or a county court34.18.

(1)

This rule applies if the High Court or a county court makes an order varying or revoking a maintenance order to which section 5 of the 1972 Act applies.

(2)

If the time for appealing has expired without an appeal having been entered, the court officer will send to the Lord Chancellor—

(a)

the documents required by section 5(8) of the 1972 Act; and

(b)

a certificate signed by the district judge stating that the order of variation or revocation is enforceable and no longer subject to the ordinary forms of review.

(3)

A party who enters an appeal against the order of variation or revocation must, at the same time, give written notice to the court officer.”.

(7)

For rule 34.23(2) (method of payment under registered orders) substitute—

“(2)

Where the court orders payment to be made to the court officer, the court officer must send the payments by post to the payee under the order.”.

(8)

For rule 34.25 (notification of registration and cancellation) substitute—

“Notification of registration and cancellation34.25.

The court officer must send written notice to—

(a)

the Lord Chancellor, on the due registration of an order under section 10(4) of the 1972 Act; and

(b)

the payer under the order, on—

(i)

the registration of an order under section 10(4) of the 1972 Act; or

(ii)

the cancellation of the registration of an order under section 10(1) of the 1972 Act.”.

(9)

After rule 34.25 insert—

“General provisions as to notices34.25A.

(1)

A notice to a payer of the registration of an order in a magistrates' court in accordance with section 6(3) of the 1972 Act must be in the form referred to in a practice direction. (Section 6(8) of the 1972 Act requires notice of registration to be given to the payer.)

(2)

If the court sets aside the registration of a maintenance order following an appeal under section 6(9) of the 1972 Act, the court officer must send written notice of the decision to the Lord Chancellor.

(3)

A notice to a payee that the court officer has refused to register an order must be in the form referred to in a practice direction. (Section 6(11) of the 1972 Act requires notice of refusal of registration to be given to the payee.)

(4)

Where, under any provision of Part 1 of the 1972 Act, a court officer serves a notice on a payer who resides in a Hague Convention Country, the court officer must send to the Lord Chancellor a certificate of service.”.

SUB-SECTION 3United States of America

Application of Section 1 of this Chapter to the United States of America34.28.

(1)

In relation to the United States of America, Section 1 of this Chapter has effect as modified by this rule.

(2)

A reference in this rule and in any rule which has effect in relation to the United States of America by virtue of this rule to—

(a)

the 1972 Act is a reference to the 1972 Act as modified by Schedule 1 to the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 2007 M2; and

(b)

a section under the 1972 Act is a reference to the section so numbered in the 1972 Act as so modified.

(3)

A reference to a reciprocating country in rule 34.12(1) and Section 1 of this Chapter is a reference to the United States of America.

(4)

Rules 34.15 (certification of evidence given on provisional orders), 34.16 (confirmation of provisional orders), 34.19 (notification of confirmation or revocation of a maintenance order made by a magistrates' court) and 34.21 (request for the taking of evidence in a reciprocating country) do not apply.

(5)

For rule 34.17 (consideration of revocation of a provisional order made by a magistrates' court) substitute—

“Consideration of revocation of a maintenance order made by a magistrates' court34.17.

(1)

This rule applies where—

(a)

an application has been made to a magistrates' court by a payee for the revocation of an order to which section 5 of the 1972 Act applies; and

(b)

the payer resides in the United States of America.

(2)

The court officer must serve on the payee by post a copy of any representations or evidence adduced by or on behalf of the payer. (Provision relating to consideration of variation of a maintenance order made by a magistrates' court to which section 5 of the 1972 Act applies is made in rules made under section 144 of the Magistrates' Courts Act 1980.)”.

(6)

For rule 34.18 (notification of variation or revocation), substitute—

“Notification of variation or revocation34.18.

If the High Court or a county court makes an order varying or revoking a maintenance order to which section 5 of the 1972 Act applies, the court officer will send to the Lord Chancellor the documents required by section 5(7) of that Act.”.

(7)

For 34.23(2)(method of payment under registered orders) substitute—

“(2)

Where the court orders payment to be made to the court officer, the court officer must send the payments by post to the payee under the order.”.

(8)

For rule 34.25 (notification of registration and cancellation) substitute—

“Notification of registration and cancellation34.25.

The court officer must send written notice to—

(a)

the Lord Chancellor, on the due registration of an order under section 10(4) of the 1972 Act; or

(b)

the payer under the order, on—

(i)

the registration of an order under section 10(4) of the 1972 Act; or

(ii)

the cancellation of the registration of an order under section 10(1) of that Act.”