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Rule 39.21 F1

Where an application is made to the High Court under this Chapter, the rules in Chapter 2 apply with the following modifications—

(a)

for rule 39.4 there is substituted—

“(1)

Subject to paragraph (2), an application for an attachment of earnings order must be sent to the District Registry of the High Court for the district in which the debtor resides.

(2)

If the debtor resides outside of England and Wales, or if the debtor’s place of residence is not known to the creditor, an application for an attachment of earnings order must be sent to the District Registry of the High Court for the district in which the proceedings which resulted in the maintenance order being made took place.”;

(b)

for rule 39.8 there is substituted—

“(1)

An application for an attachment of earnings order to secure payments under a maintenance order must be heard in private, unless the court directs otherwise.

(2)

Where an attachment of earnings order made by the High Court designates the court officer of the family court as the collecting officer, that officer must, on receipt of a certified copy of the order from the court officer of the High Court, send to the person to whom the order is directed a notice as to the mode of payment.”;

(c)

rule 39.13(5) is omitted;

(d)

for rule 39.15 there is substituted—

“Where an attachment of earnings order made by the High Court to secure payments under a High Court maintenance order ceases to have effect under section 8(3) of the 1971 Act, the court officer of the High Court must give notice of the cessation to the person to whom the attachment of earnings order was directed.”;

(e)

for rule 39.17, including the heading to that rule, there is substituted—

“Change of District Registry

39.17.

If, in the opinion of the High Court sitting in a District Registry in which an attachment of earnings order has been made, the matter could more conveniently proceed in another District Registry (whether by reason of the debtor having become resident in the area of that District Registry or otherwise), the court may order that the matter should proceed in that other District Registry.”;

(f)

in rule 39.19(1)(a), for “family court” there is substituted “High Court”; and

(g)

in rule 39.20(2), sub-paragraph (b) is omitted.

Annotations

Textual amendments

F1

Pt. 39 inserted (6.4.2016) by The Family Procedure (Amendment) Rules 2016 (S.I. 2016/355), rules 1(2), 8(a), Sch. 1 (with rule 9)