Explanatory note

These rules amend the Maintenance Orders Act 1950 (Summary Jurisdiction) Rules 1950 (“the rules of 1950”) in consequence of the amendments made to the Maintenance Orders Act 1950 (“the Act of 1950”) and the Maintenance Orders Act 1958 (“the Act of 1958”) by section 3 of, and Schedule 3 to, the Administration of Justice Act 1977 (c.38). The broad effect of those amendments is to enable a maintenance order made by a superior court in Scotland or Northern Ireland to be registered in a magistrates' court and a maintenance order made by an inferior court in Scotland or Northern Ireland to be registered in the High Court.

In particular, rule 4 inserts new rule 9A into the rules of 1950 which makes provision in relation to an application to a magistrates' court to adduce evidence in connection with a maintenance order made by the Court of Session and registered in the magistrates' court. Rule 5 amends rule 10 of the rules of 1950 and makes fresh provision for the giving of a notice of variation by the clerk of the court where a maintenance order has been varied under section 22 of the Act of 1950. Rule 8 inserts new rule 12A into the rules of 1950 which makes provision in relation to the cancellation of a maintenance order registered in a magistrates' court under Part I of the Act of 1958. Rule 11 and the Schedule to these rules substitute a new Form 4 (notice of cancellation of registration of maintenance order in magistrates' court) in the Schedule to the rules of 1950.