Article 9

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

rule 9(1A) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 36
rule 9(2) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 36
rule 9(1) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 37
rule 9(1) words substituted by Magistrates' Courts (Transfer of Justices' Clerks' Functions) 2001 Sch. 1 para. 43
rule 9(2) words omitted by Magistrates' Courts (Maintenance Enforcement Act 1991) 1992 Sch. para. 10(b)
rule 9(1)(1A) substituted for rule 9(1) by Magistrates' Courts (Maintenance Enforcement Act 1991) 1992 Sch. para. 10(a)

(1)

Payment of sums due under a registered order shall, while the order is 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 a justices' clerk to whom payments are made under this rule 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:

Provided that if the court which made the order is in one of the countries or territories specified in Schedule 2 to these Rules the justices' clerk shall send any such sums to the Crown Agents for Overseas Governments and Administrations for transmission to the person to whom they are due.

(2)

Where it appears to a justices' clerk to whom 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 under the order, 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.