OpenLegislation

Rule 39 Method of making periodical paymentsF1

England and Wales

(1)

Where a magistrates' court makes a means of payment order, the F2designated officer for the court shall record on the order for periodical payments to which the means of payment order relates, the means of payment which the court has ordered and F3the F4designated officer shall notify in writing, as soon as practicable, the person liable to make payments under the order of how payments are to be made.

(2)

Where the court orders that payments by the debtor to the creditor are to be made to the F5designated officer for the court or to the designated officer for any other magistrates' court under section 59(3)(b) of the Act of 1980, F6the designated officer to whom the payments are ordered to be made shall notify the person liable to make the payments of the hours during which, and the place at which, payments are to be made.

(3)

The designated officer for the court to whom any periodical payments are made shall send them by post to–

(a)

the person entitled to them; or

(b)

if the person entitled to them is a child, to the child or to the person with whom the child has his home:

Provided that F7the designated officer may–

(a)

at the request of the person entitled to the payments; or

(b)

if the person entitled to them is a child, at the request of the child or the person with whom the child has his home,

make other arrangements for making the payments.

(4)

If a person makes any periodical payments to the designated officer for a magistrates' court otherwise than in person at F8the office of the designated officer, he shall do so at his own risk and expense.

(5)

Where the court orders that payments by the debtor to the creditor be made by a method of payment falling within section 59(6) of the Act of 1980 (standing order, etc.), the designated officer for the court shall notify the person liable to make payments under the order of the number and location of the account into which the payments should made.

F9(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)

In this rule “means of payment order” means an order of a magistrates' court under paragraphs (a) to (d) of section 59(3) of the Act of 1980.

Annotations

Textual amendments

F1

Rule 39 substituted (1.4.1992) by The Magistrates' Courts (Maintenance Enforcement Act 1991) (Miscellaneous Amendments) Rules 1992 (S.I. 1992/457), rule 1, Sch. para. 16

F2

Words in rule 39(1) substituted (28.6.2021) by The Magistrates’ Courts (Amendment No. 2) Rules 2021 (S.I. 2021/626), rules 1(1), 2(6)

F3

Words in rule 39(1) inserted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 8(a)

F4

Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85

F5

Words in rule 39(2)-(6) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 3

F6

Words in rule 39(2) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 8(b)

F7

Words in rule 39(3) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 8(c)

F8

Words in rule 39(4) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 8(d)

F9

Rule 39(6) omitted (22.4.2014) by virtue of The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 17