Paragraph 5 The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Hague Convention Countries) Rules 1980

The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Hague Convention Countries) Rules 1980 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 maintenance order against a person residing in a Hague Convention 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)

Schedule 1A to these Rules shall apply to proceedings pursuant to rule 4A above.

(2)

In Schedule 1A as it applies 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 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.”.