# The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Miscellaneous Amendments) Rules 1993, Paragraph 2: The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) Rules 1974


The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) Rules 1974 shall be amended by the insertion after rule 4 of the following rules—
“4A (1) In this rule “an application” means—
(a) an application under section 3 of the Act for a provisional maintenance order against a person residing in a reciprocating country,
(b) an application under section 5 of the Act for the variation or revocation of a maintenance order made in the United Kingdom, or
(c) an application under section 9 of the Act for the variation or revocation of a maintenance order registered by a court in the United Kingdom.
(2) An application shall be filed in an appropriate form.
(3) On receipt of such an application the justices' clerk shall—
(a) fix the date, time and place for a hearing or a directions appointment, and
(b) notify the applicant of the date, time and place so fixed.
4B (1) This rule applies to proceedings under section 5(5), 7 or 9(6) of the Act for the confirmation of a provisional order made in a reciprocating country.
(2) On receipt of the order and accompanying documents referred to in section 5(5), 7 or 9(6) of the Act, the justices' clerk shall—
(a) fix the date, time and place for a hearing or a directions appointment allowing sufficient time for service under this rule to be effected at least 21 days before the date so fixed, and
(b) serve a copy of the order and documents on the resident party together with a notice stating the date, time and place so fixed.
(3) Within 14 days of service under this rule the resident party shall file an answer to the provisional order in an appropriate form.
4C (1) Schedule A1 to these Rules shall apply to proceedings pursuant to rules 4A and 4B above.
(2) In Schedule A1 as it appears to rule 4A, “the resident party” and “the non-resident party” shall be taken to mean—
(a) in the case of an application under sub-paragraph (a) of rule 4A(1), the applicant and the respondent respectively;
(b) in the case of an application under sub-paragraph (b) of rule 4A(1), the payee and the payer respectively under the order in question; and
(c) in the case of an application under sub-paragraph (c) of rule 4A(1), the payer and payee respectively under the order in question.
(3) In rule 4B and in Schedule A1 as it applies to that rule, “the resident party” and “the non-resident party” shall be taken to mean the payer and the payee respectively under the order in question.”.

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Source: https://www.legislation.gov.uk/uksi/1993/617/schedule/1/paragraph/2 (the official version)
Page: https://openlegislation.uk/magistrates-courts-reciprocal-enforcement-of-maintenance-orders-miscellaneous-amendments-rules-1993/schedule-1/paragraph-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.