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

CHAPTER 3 MISCELLANEOUS

Administering court to be informed of proceedings in a foreign court

47.—(1) This rule applies where any decision is reached, or warrant of distress or commitment is issued, in pursuance of a complaint or application relating to a maintenance order or the enforcement of a maintenance order, being a complaint or application heard by a magistrates’ court other than the administering court.

(2) The designated officer for the magistrates’ court referred to in paragraph (1) must immediately send to the designated officer for the administering court an extract from the register containing a minute or memorandum of the decision, or the issue of the warrant, as the case may be.

(3) On receipt of the extract, the designated officer for the administering court must enter the minute or memorandum in the register for that officer’s court.

Review of committals, etc.

48.—(1) Paragraph (2) applies where, for the purposes of enforcing a maintenance order, a magistrates’ court has exercised its power to postpone the issue of a warrant of commitment under—

(a) section 77(2) of the 1980 Act; or

(b) section 18(3) or (5) of the 1958 Act(1),

and, under the terms of the postponement, the warrant falls to be issued.

(2) The designated officer must—

(a) give notice to the defendant; and

(b) attach to that notice a copy of the form referred to in the Forms Practice Direction.

(3) An application under section 18(1) of the 1958 Act requesting that a warrant not be issued must be in the form referred to in the Forms Practice Direction and must be sent to the designated officer.

(4) For the purposes of section 18(2) of the 1958 Act, the period for the receipt by the designated officer of an application under section 18(1) of the 1958 Act is eight days beginning with the day on which the designated officer sends to the defendant the notice referred to in paragraph (2).

(5) Where the period of eight days referred to in paragraph (4) ends on a day when the court office is closed, an application received by the designated officer on the next day on which the court office is open will be made within time.

(6) An application under section 18(4) of the 1958 Act (requesting cancellation of a warrant of commitment which has been executed) must be in the form referred to in the Forms Practice Direction.

(7) Where an application by a defendant under section 18(1) or (4) of the 1958 Act is considered by the court, the designated officer must give notice of the decision of the court, if the person in question is not present—

(a) to the person in whose favour the maintenance order in question was made; and

(b) except where an application under section 18(1) of the 1958 Act is dismissed, to the defendant.

(8) Where, on considering an application by a defendant under section 18(4) of the 1958 Act, the court—

(a) makes an order under section 18(5)(b) of the 1958 Act for the cancellation of the warrant of commitment; or

(b) remits under section 18(6) of the 1958 Act the whole or any part of the sum in respect of which the warrant was issued,

the designated officer must immediately give written notice of the decision to the person in charge of the prison or other place in which the defendant is detained.

(1)

Section 18 was amended by section 154 of and paragraph 23 of Schedule 7 to the Magistrates’ Courts Act 1980 and section 109(1) of and paragraphs 102(1) to (3) of Schedule 8 to the Courts Act 2003.