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The Magistrates’ Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011

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Notices received from the High Court or a county court or from a person entitled to payments

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45.—(1) Subject to paragraph (4), this rule applies where any notice is received—

(a)of the registration in the High Court of a magistrates’ court order;

(b)of the discharge or variation by the High Court or a county court of a High Court or county court order registered in a magistrates’ court;

(c)of the discharge or variation by the Court of Session or High Court in Northern Ireland of an order made by such a court and registered in a magistrates’ court;

(d)under section 5(1) or (2) of the 1958 Act.

(2) The designated officer for the magistrates’ court must register the notice in that officer’s court by means of a memorandum in the register.

(3) In the case of a notice under section 5(1) or (2) of the 1958 Act, the designated officer for the magistrates’ court must ensure that the person in possession of any warrant of commitment, issued but not executed, for the enforcement of the order is informed of the giving of that notice.

(4) Where any notice is received by a court that the registration of an order in the High Court has been cancelled under section 5(4) of the 1958 Act, the designated officer must enter the particulars of the notice in the register.

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