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Rule 73.10B Discharge or variation of orderF1F2

(1)

Where the final charging order was made without a hearing under rule F373.10(6A) or 73.10(7) any application to discharge or vary a charging order must be made to the F4Civil National Business Centre.

(2)

Upon the filing of an application to discharge or vary a charging order at the F5Civil National Business Centre, the application must be transferred for a hearing to the judgment debtor’s home court.

(3)

Where the final charging order was made at a hearing, any application to discharge or vary a charging order must be made to the court which made the charging order.

(4)

The court may direct that—

(a)

any interested person be joined as a party to such an application; or

(b)

the application be served on any such person.

(5)

An order discharging or varying a charging order must be served on all the persons on whom the charging order was required to be served.

Annotations

Textual amendments

F1

Pt. 73 inserted (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rule 1(c), Sch. 4 (with savings in rule 24 and S.I. 2001/4015, rule 43(2))

F2

Rules 73.1-73.10C substituted for rules 73.1-73.10 (6.4.2016) by The Civil Procedure (Amendment) Rules 2016 (S.I. 2016/234), rules 2, 14, Sch. 1 (with rule 24)

F3

Words in rule 73.10B(1) inserted (30.3.2020) by The Civil Procedure (Amendment) Rules 2020 (S.I. 2020/82), rules 1(2), 9(5)

F4

Words in rule 73.10B(1) substituted (14.8.2023) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(2), 31(h)

F5

Words in rule 73.10B(2) substituted (14.8.2023) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(2), 31(h)

Notes on Part 73

Textual amendments

F2

Words in Pt. 73 Table of Contents substituted (6.4.2016) by The Civil Procedure (Amendment) Rules 2016 (S.I. 2016/234), rules 2, 15 (with rule 24)

F3

Words in Pt. 73 Table of Contents substituted (14.8.2023) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(2), 31(a)

F4

Words in Pt. 73 Table of Contents inserted (30.3.2020) by The Civil Procedure (Amendment) Rules 2020 (S.I. 2020/82), rules 1(2), 9(1)

Modifications

C1

Pts. 70-74 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(5)

C2

Pt. 73 applied (with modifications) (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.25 (with rules 2.1, 33.1(1)) (as amended (22.4.2014) by S.I. 2014/667, rules 1, 43 (with rule 45)

C3

Pt. 73 applied (with modifications) (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 24.2(d), 24.6(1)