Article 6 Payment of sums due under a registered order

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

rule 6(1A) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 78
rule 6(2) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 78
rule 6(3) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 78
rule 6(1) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 79
rule 6(1) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 82
rule 6(1)(1A) substituted for rule 6(1) by Magistrates' Courts (Maintenance Enforcement Act 1991) 1992 Sch. para. 19(a)
rule 6(2) words omitted by Magistrates' Courts (Maintenance Enforcement Act 1991) 1992 Sch. para. 19(b)

(1)

Payment of sums due under a registered order shall, while the order is so registered in a magistrates' court, be made to the clerk of the registering court during such hours and at such place as that clerk may direct; and the justices' clerk to whom payments are made under this paragraph shall send those payments by post to the court which made the order or to such other person or authority as that court or the Secretary of State may from time to time direct.

(2)

Where it appears to a justices' clerk to whom payments by way of periodical payments under any maintenance order are made by virtue of paragraph (1) above that any sums payable under the order are in arrear he may and, if such sums are in arrear to an amount equal to four times the sum payable weekly, he shall, whether the person for whose benefit the payment should have been made requests him to do so or not, proceed in his own name for the recovery of those sums, unless it appears to him that it is unreasonable in the circumstances to do so.

(3)

Without prejudice to the foregoing provisions of this Rule, the justices' clerk of the registering court shall take reasonable steps to notify the person to whom payments are due under a registered order of the means of enforcement available in respect of it, including, in an appropriate case, the possibility of registration of the whole or part of the order in the High Court under Part I of the Maintenance Orders Act 1958.