Rule 13 Application for registration

Northern Ireland

(1)

An application under section 11 of the Act for the registration in a court of summary jurisdiction of a maintenance order made by a county court may be made—

(a)

on the making of the maintenance order or an order varying the maintenance order; or

(b)

at any other time by lodging with the chief clerk a certified copy of the maintenance order and an affidavit by the applicant, together with a copy thereof, stating—

(i)

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

(ii)

the reason why registration of the maintenance order in a court of summary jurisdiction is desired.

(iii)

the amount of any arrears due to the applicant under the maintenance order, the date to which those arrears have been calculated and the date on which the next payment falls due;

(iv)

the date of birth of each child (if any) named in the maintenance order;

(v)

that the maintenance order is not already registered under the Act; and

(vi)

whether any proceedings are pending for the enforcement of the maintenance order.

(2)

The chief clerk on receipt of the certified copy of a maintenance order and accompanying affidavit shall refer the application to [^f1 the judge] in chambers.

(3)

Where the application is granted on the making of the maintenance order or an order varying the maintenance order the applicant shall lodge a statement signed by the applicant or his solicitor, and a copy thereof, giving the address of the person entitled to receive payments under the maintenance order and the particulars mentioned in paragraph (1)(b)(i), (iii) and (iv).

(4)

The period required to be prescribed for the purpose of section 11(2) of the Act shall be 14 days.

(5)

The chief clerk shall send the certified copy of the maintenance order, as required by the said section 11(2), to the clerk of petty sessions F1... indorsed with a note that the application for registration of the maintenance order has been granted and to be accompanied by a copy of the affidavit or statement lodged under paragraph (1) or (3), as the case may be.

(6)

On receipt of notice that a maintenance order made by a county court has been registered in a court of summary jurisdiction in accordance with section 11(5) of the Act the chief clerk shall enter particulars of the registration in the court minutes.

Annotations

Textual amendments

F1: Words in Order 51 rule 13(5) omitted (31.10.2016) by virtue of The County Court (Amendment) Rules (Northern Ireland) 2016 (S.R. 2016/302), rules 1, 3(20); S.R. 2016/387, art. 2

Footnotes

f1: Words amended by S.R. 2013 No. 19 with effect from 25.02.13

Notes on Part [ ORDER 51

Footnotes

f1: Order 51 Rules 1–5 inserted by S.R. 1986 No. 218 with effect from 1.8.86
f2: Words substituted by S.R. 1988 No. 112 with effect from 4.4.88

Notes on Chapter [ PART III

Footnotes

f1: Part III inserted by S.R. 1989 No. 306 with effect from 01.09.89