Paragraph 4 The Magistrates' Courts (Recovery Abroad of Maintenance) Rules 1975

The Magistrates' Courts (Recovery Abroad of Maintenance) Rules 1975 shall be amended as follows—

• and

  1. (ii)

     in paragraph (2), the words “by virtue of paragraph (1) above” shall be omitted.

  1. (f)

     after rule 7, there shall be inserted the following rules—

     “7A

     (1)

     Where, in the exercise of the duty imposed under section 27C of the Act, or in the exercise of the powers conferred by virtue of section 33(3A) or section 34A of the Act, the court orders that payments under the order are to be made by a particular means, the clerk of the court shall record on the copy of the order the means of payment which the court has ordered and notify in writing, as soon as practicable, the person liable to make payments under the order of how the payments are to be made.

     (2)

     Where, in the exercise of any of the aforesaid powers, the court orders payment to the clerk of the court, or to the clerk of any other magistrates' court, by a method of payment falling within section 59(6) of the Magistrates' Courts Act 1980^f1 (standing order, etc.) the clerk of the court to whom payments are to be made shall notify the person liable to make the payments under the order of the number and location of the account into which the payments are to be made.

     (3)

     Where, under section 34A(4) of the Act, the clerk of the court receives an application from an interested party for the method of payment to be varied, the clerk shall notify in writing, as soon as practicable, that party and, where practicable, any other interested party, of the result of the application, including any decision to refer the matter to the court; where the clerk grants the application he shall record the variation on the copy of the order.

     7B

     (1)

     In this rule “an application” means an application under section 34 of the Act for the variation or revocation of a registered order.

     (2)

     An application which is made directly to the registering court shall be filed in an appropriate form.

     (3)

     On receipt of an application, either filed in accordance with paragraph (2) or sent from the Lord Chancellor under section 34(3) of the Act, 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.”.

  2. (g)

     in rule 8—

     1. (i)

        for the words “a complaint” and “complaint”, in each place where they occur there shall be substituted the words “an application” and “application” respectively; and

     2. (ii)

        in rule 8(1), for the word “defendant” there shall be substituted the word “respondent”.

  3. (h)

     after rule 11, there shall be inserted the following rule—

     “12

     (1)

     Schedule 2 shall apply to proceedings pursuant to rules 3A and 7B above.

     (2)

     In Schedule 2 as it applies to rule 3A, “the resident party” and “the non-resident party” shall be taken to mean the respondent and the applicant respectively.

     (3)

     In Schedule 2 as it applies to rule 7B, “the resident party” and “the non-resident party” shall be taken to mean the payer and the payee under the order in question respectively.”.