{
  "url": "https://openlegislation.uk/magistrates-courts-civil-jurisdiction-and-judgments-act-1982-rules-1986/article-4",
  "json_url": "https://openlegislation.uk/magistrates-courts-civil-jurisdiction-and-judgments-act-1982-rules-1986/article-4.json",
  "legislation": "uksi/1986/1962",
  "legislation_title": "The Magistrates' Courts (Civil Jurisdiction and Judgments Act 1982) Rules 1986",
  "legislation_url": "https://openlegislation.uk/magistrates-courts-civil-jurisdiction-and-judgments-act-1982-rules-1986",
  "path": "article/4",
  "kind": "article",
  "number": "4",
  "heading": "Registration of maintenance orders",
  "text": "(1) Where a justices' clerk receives an application under Article 31 of the 1968 Convention for enforcement of a maintenance order made in a Contracting State other than the United Kingdom he shall, subject to Articles 27 and 28 of that Convention and to paragraph (3) and (4) of this Rule, cause the order to be registered in his court by means of a minute or memorandum entered and signed by him in his register.\n(2) Before registering an order under paragraph (1) of this Rule the justices' clerk shall take such steps as he thinks fit for the purpose of ascertaining whether the payer under the order to which the application relates is residing within the jurisdiction of the court, and shall consider any information he possesses (whether provided by the applicant or otherwise) as to the nature and location of the payer's assets.\n(3) If, after taking such steps and considering such information as are mentioned in paragraph (2) above, the justices' clerk is satisfied that the payer under the order is not residing within the jurisdiction of the court he shall, subject to paragraph (4) of this Rule, refuse the application and return the documents relating thereto to the Secretary of State with a statement giving such information as he possesses as to the whereabouts of the payer and the nature and location of his assets.\n(4) If, after taking such steps and considering such information as are mentioned in paragraph (2) above, the justices' clerk is satisfied that the payer is not residing within the jurisdiction of the court but that there are assets against which, after registration in the High Court under Part I of the Maintenance Orders Act 1958, the order could be enforced, he shall cause the order to be registered in accordance with paragraph (1) of this Rule.\nProvided that where the justices' clerk is of the opinion that the payer is residing within the jurisdiction of another magistrates court in England and Wales he may, if he thinks fit, and notwithstanding the provisions of this paragraph, refuse the application and return the documents relating thereto to the Secretary of State in accordance with paragraph (3) above.\n(5) If the justices' clerk refuses an application made under Article 31 of the 1968 Convention, he shall cause notice of his decision to be sent to the applicant, at the address provided by the applicant.\n(6) Where an order has been registered under paragraph (1) of this Rule the justices' clerk who was responsible for its registration shall cause a written notice stating that it has been duly registered in his court to be sent to:\n(a) the Secretary of State;\n(b) the payer under the order to which the registration relates;\n(c) the applicant, at the address provided by the applicant.\n(7) Where an order has been registered under paragraph (1) of this Rule and the justices' clerk who was responsible for its registration is of the opinion that the order, or a part thereof, is one which would be appropriate for enforcement in the High Court he shall notify the applicant accordingly and shall notify the applicant also of the possibility of an application by the applicant for registration of the whole or part of the order in the High Court under Part I of the Maintenance Orders Act 1958.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "uksi/2001/615",
      "affecting_title": "The Magistrates' Courts (Transfer of Justices' Clerks' Functions) (Miscellaneous Amendments) Rules 2001"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2001/615",
      "affecting_title": "The Magistrates' Courts (Transfer of Justices' Clerks' Functions) (Miscellaneous Amendments) Rules 2001"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2001/615",
      "affecting_title": "The Magistrates' Courts (Transfer of Justices' Clerks' Functions) (Miscellaneous Amendments) Rules 2001"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1986/1962/article/4",
    "retrieved_at": "2026-10-29T16:38:32.554432+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}