The Family Procedure Rules 2010

SECTION 1 E+W Registration and Enforcement in a Magistrates' Court of Maintenance Orders made in a Contracting State to the 1968 Convention, a Contracting State to the 1988 Convention, a Regulation State or a State bound by the Lugano Convention

Interpretation E+W

34.29.  In this Section—

(a) an expression defined in the 1982 Act has the meaning given to it in that Act [F1 , subject to paragraph (b)]; and

[F2 (b) “Regulation State” means a Member State of the European Union which does not apply the rules of the Hague Protocol, or, where registration is sought for a maintenance order to which Article 75(2)(a) or (b) of the Maintenance Regulation applies, the Member State of the European Union from which the order originated.]

Textual Amendments

F1 Words in rule 34.29(a) inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 25(a)

F2 Rule 34.29(b) substituted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 25(b)

[F3 Application under Article 30 of the Maintenance Regulation for a declaration of enforceability E+W

34.29A.   An application under Article 30 of the Maintenance Regulation for a declaration of enforceability of a maintenance decision will be determined by the justices’ clerk for the local justice area in which the court is situated.]

Textual Amendments

F3 Rule 34.29A inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 26

Registration of maintenance orders E+W

34.30.—(1) In this rule, “ assets to which the 1958 Act applies” means assets against which, after registration in the High Court, the maintenance order could be enforced under Part 1 of the 1958 Act.

(2) This rule applies where the court officer for a magistrates' court receives—

(a) an application under Article 31 of the 1968 Convention for the enforcement of a maintenance order made in a Contracting State other than the United Kingdom;

(b) an application under Article 31 of the 1988 Convention for the enforcement of a maintenance order made in a State bound by the 1988 Convention other than a Member State of the European Union;

[F4 (c) an application under Article 26 of the Maintenance Regulation for a declaration of enforceability of a maintenance order made in a Regulation State other than the United Kingdom; or]

(d) an application under Article 38 of the Lugano Convention for the enforcement of a maintenance order made in a State bound by the Lugano Convention other than a Member State of the European Union.

(3) The court officer must—

(a) take such steps as appear appropriate for ascertaining whether the payer resides within the local justice area for which the court acts; and

(b) consider any available information as to the nature and location of the payer's assets.

(4) If the court officer is satisfied that the payer—

(a) does not reside within the local justice area for which the court acts; and

(b) does not have assets to which the 1958 Act applies,

the court officer must refuse the application and return the application to the Lord Chancellor stating the information the court officer has as to the whereabouts of the payer and the nature and location of the payer's assets.

(5) If the court officer is satisfied that the payer—

(a) does not reside within the local justice area for which the court acts; but

(b) has assets to which the 1958 Act applies,

then either—

(i) the court officer must register the order; or

(ii) if the court officer believes that the payer is residing within the local justice area in which another magistrates' court acts, the court officer may refuse the application and return the documents to the Lord Chancellor with the information referred to in paragraph (4) above.

(6) Except where paragraphs (4) or (5) apply, the court officer must register the order unless—

(a) in the case of an application under Article 31 of the 1968 Convention, Articles 27 or 28 of that Convention apply; and

(b) in the case of an application under Article 31 of the 1988 Convention, Articles 27 or 28 of that Convention apply.

(7) If the court officer refuses to register an order to which this rule relates the court officer must notify the applicant.

(8) If the court officer registers an order the court officer must send written notice of that fact to—

(a) the Lord Chancellor;

(b) the payer; and

(c) the applicant.

(9) If the court officer considers that it would be appropriate for all or part of a registered order to be enforced in the High Court the court officer must notify the applicant—

(a) that the court officer so considers it appropriate; and

(b) that the applicant may apply under the 1958 Act for the order to be registered in the High Court.

Textual Amendments

F4 Rule 34.30(2)(c) substituted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 27 (with rule. 38(1)(a))

Appeal from a decision relating to registration E+W

34.31.—(1) This rule applies to an appeal under—

(a) Article 36 or Article 40 of the 1968 Convention;

(b) Article 36 or Article 40 of the 1988 Convention;

[F5 (c) Article 32 of the Maintenance Regulation; or]

(d) Article 43 of the Lugano Convention.

(2) The appeal must be to the magistrates' court—

(a) in which the order is registered; or

(b) in which the application for registration has been refused,

as the case may be.

Textual Amendments

F5 Rule 34.31(1)(c) substituted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 28 (with rule. 38(1)(a))

Payment of sums due under a registered order E+W

34.32.—(1) Where an order is registered in accordance with section 5(3) of the 1982 Act [F6 ,] Article 38 of the Judgments Regulation or Article 38 of the Lugano Convention, [F7 or declared enforceable under Article 26 of the Maintenance Regulation by virtue of registration,] the court must order that payment of sums due under the order be made—

(a) to the court officer for the registering court; and

(b) at such time and place as the court officer directs.

(2) Where the court orders payments to be made to the court officer, whether in accordance with paragraph (1) or otherwise, the court officer must send the payments by post either—

(a) to the court which made the order; or

(b) to such other person or authority as that court, or the Lord Chancellor, directs.

(Practice Direction 34A contains further provisions relating to the payment of sums due under registered orders.)

Textual Amendments

F6 Rule 34.32(1): comma substituted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 29(a)

F7 Words in rule 34.32(1) inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 29(b)

Enforcement of payments under registered orders E+W

34.33.—(1) This rule applies where a court has ordered periodical payments under a registered maintenance order to be made to the court officer for a magistrates' court.

(2) The court officer must take reasonable steps to notify the payee of the means of enforcement available.

(3) Paragraph (4) applies where periodical payments due under a registered order are in arrears.

(4) The court officer, on that officer's own initiative—

(a) may; or

(b) if the sums due are more than 4 weeks in arrears, must,

proceed in that officer's own name for the recovery of the sums due unless of the view that it is unreasonable to do so.

Variation and revocation of registered orders E+W

34.34.—(1) This rule applies where the court officer for a registering court receives notice that a registered maintenance order has been varied or revoked by a competent court in a Contracting State to the 1968 Convention, a Contracting State to the 1988 Convention (other than a Member State of the European Union), a Regulation State or a State bound by the Lugano Convention, other than a Member State of the European Union.

(2) The court officer for the registering court must—

(a) register the order of variation or revocation; and

(b) send notice of the registration by post to the payer and payee under the order.

[F8 (3) Where the court officer for a registering court receives notice that a maintenance order registered in that court by virtue of the provisions of the Judgments Regulation has been varied or revoked by a competent court in another Member State of the European Union, the court officer must—

(a) note against the entry in the register that the original order so registered has been varied or revoked, as the case may be; and

(b) send notice of the noting of the variation or revocation, as the case may be, by post to the payer and payee under the order.]

Textual Amendments

F8 Rule 34.34(3) inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 30

Transfer of registered order E+W

34.35.—(1) This rule applies where the court officer for the court where an order is registered considers that the payer is residing within the local justice area in England and Wales for which another magistrates' court acts.

(2) Subject to paragraph (4), the court officer must transfer the order to the other court by sending to that court—

(a) the information and documents relating to the registration;

(b) a certificate of arrears, if applicable, signed by the court officer;

(c) a statement giving such information as the court officer possesses as to the whereabouts of the payer and the nature and location of the payer's assets; and

(d) any other relevant documents which the court officer has relating to the case.

(3) The information and documents referred to in paragraph (2)(a) are those required, as appropriate, under—

(a) Articles 46 and 47 of the 1968 Convention;

(b) Articles 46 and 47 of the 1988 Convention;

(c) Article 53 of the Judgments Regulation; F9 ...

(d) Article 53 of the Lugano Convention [F10 ; or]

[F11 (e) Article 28 or 29 of the Maintenance Regulation.]

(4) If an application is pending in the registering court for the registration of the whole or part of the order in the High Court under Part 1 of the 1958 Act, the court officer must not transfer the order, or the part to which the application relates, under paragraph (2).

(5) The court officer must give notice of the transfer of an order to—

(a) the payee; and

(b) the Lord Chancellor.

(6) If an order is transferred, the court officer for the court to which it is transferred must register the order.

Textual Amendments

F9 Word in rule 34.35(3)(c) omitted (18.6.2011) by virtue of The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 31(a)

F10 Word in rule 34.35(3)(d) substituted (18.6.2011) by virtue of The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 31(b)

F11 Rule 34.35(3)(e) inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 31(c)

Cancellation of registered orders E+W

34.36.—(1) Where the court officer for the registering court—

(a) has no reason to transfer a registered order under rule 34.35; and

(b) considers that the payer under the registered order is not residing within the local justice area for which the court acts and has no assets to which the 1958 Act applies,

the court officer must cancel the registration of the order.

(2) The court officer must—

(a) give notice of cancellation to the payee; and

(b) send the information and documents relating to the registration and the other documents referred to in rule 34.35(2) to the Lord Chancellor.

[F12 Directions as to stays, documents and translations E+W

34.36A.   At any stage in proceedings for registration of a maintenance order under this Section of this Chapter, the court may give directions about the conduct of the proceedings, including—

(a) staying of proceedings in accordance with—

(i) Article 30 or 38 of the 1968 Convention,

(ii) Article 30 or 38 of the 1988 Convention,

(iii) Article 37 or 46 of the Lugano Convention, or

(iv) Article 25 or 35 of the Maintenance Regulation;

(b) the provision of documents in accordance with—

(i) Article 48 of the 1968 Convention,

(ii) Article 48 of the 1988 Convention,

(iii) Article 55 of the Lugano Convention, or

(iv) Article 29 of the Maintenance Regulation;

(c) the provision of translations in accordance with—

(i) Article 48 of the 1968 Convention,

(ii) Article 48 of the 1988 Convention,

(iii) Article 55 of the Lugano Convention, or

(iv) Article 28 of the Maintenance Regulation.]

Textual Amendments

F12 Rule 34.36A inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 32 (with art. 38(1)(b))