Rule 32.10 Cancellation of registration of Scottish and Northern Irish orders

(1)

The Part 18 procedure applies to an application F1under section 24(1) of the 1950 Act for the cancellation of the registration of a Scottish order or a Northern Irish order in the High Court F2or the family court.

(2)

The application must be made without notice to the person liable to make payments under the order.

(3)

If the registration of the order is cancelled, the court officer will—

(a)

note the cancellation in F3... the register; and

(b)

send written notice of the cancellation to—

(i)

the clerk of the F4court which made the order or the registrar in Northern Ireland, as the case may be; and

(ii)

the court officer F5of the family court if the order has been registered in the family court in accordance with section 2(5) of the 1958 Act.

F6(4)

Where a maintenance order is registered under the 1950 Act in the family court, the court officer for the family court is the prescribed officer for the purposes of section 24(2) of the 1950 Act, and in paragraphs (5) and (6) references to the court officer are to the court officer of the family court.

(5)

If a notice under section 24(2) of the 1950 Act is received, the court officer will—

(a)

cancel the registration of the order; and

(b)

send written notice of the cancellation to the clerk of the court which made the order.

(6)

Where a maintenance order is registered in the family court under Part 1 of the 1958 Act and the court officer receives a notice of cancellation under section 24(3) of the 1950 Act from the appropriate officer of the High Court, the court officer will—

(a)

enter the details of the notice in the register;

(b)

cancel the registration under Part 1 of the 1958 Act; and

(c)

give notice of the cancellation to the appropriate officer of the court which made the order, being—

(i)

the Deputy Principal Clerk of Session, in the case of the Court of Session; or

(ii)

the Chief Registrar of the F7King’s Bench Division (Matrimonial), in the case of the High Court of Justice in Northern Ireland.

Annotations

Textual amendments

F1: Words in rule 32.10(1) inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 87(a)(i) (with rule 137); S.I. 2014/954, art. 2
F2: Words in rule 32.10(1) inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 87(a)(ii) (with rule 137); S.I. 2014/954, art. 2
F3: Words in rule 32.10(3)(a) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 87(b)(i) (with rule 137); S.I. 2014/954, art. 2
F4: Words in rule 32.10(3)(b)(i) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 87(b)(ii) (with rule 137); S.I. 2014/954, art. 2
F5: Words in rule 32.10(3)(b)(ii) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 87(b)(iii) (with rule 137); S.I. 2014/954, art. 2
F6: Rules 32.10(4)-(6) inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 87(c) (with rule 137); S.I. 2014/954, art. 2
F7: Word in rule 32.10(6)(c)(ii) substituted (6.4.2023) by The Family Procedure (Amendment) Rules 2023 (S.I. 2023/61), rules 1(3), 16