Rule 5.10 Re-registration in the High CourtI1

Scotland

(1)

When an order has been registered in the magistrates' court, an application to the sheriff court for the re-registration of that order in the High Court in England under the 1958 Act shall be made by lodging with the sheriff clerk–

(a)

a letter of application;

(b)

an affidavit by the applicant;

(c)

a certified copy of that affidavit; and

(d)

a certified copy of the order.

(2)

An affidavit under this rule shall include–

(a)

the name and address of the person liable to make payments under the order;

(b)

details of any arrears due under the order and the date to which they are calculated;

(c)

the reason for the application;

(d)

the date and place of the original registration;

(e)

where the order has been re-registered, the date and place of the last re-registration and whether or not that has been cancelled, or where any of these facts is not known a statement to that effect; and

(f)

a declaration that no process remains in force for the enforcement of the registered order.

Annotations

Commencement

I1: Rule 5.10 in force at 1.4.1997, see rule 1.1(1)