Article 31

In rule 1, the definitions of “the Act of 1925” and “the chief registrar” shall be deleted; and for the definition of “the divorce registry” there shall be substituted:—

• ““the principal registry” means the principal registry of the Family Division; ”.

In rules 1, 2, 4, 5 and 6, for the words “the divorce registry” wherever they appear there shall be substituted the words “the principal registry”.

In rule 2, paragraph (7) shall be omitted.

In rule 3, the definition of “guardianship order” shall be deleted.

In rule 4(1), for the words from the beginning to “together, in either case, with” there shall be substituted the words “An application for the registration of an English order may be made by lodging with a registrar of the Family Division a certified copy of the order, together with”.

In rule 4, for paragraph (3) there shall be substituted the following paragraph:—

“(3)

The prescribed officer for the purposes of the Act of 1950 shall be the senior registrar.”

In rule 4(4), the words “the chief registrar or” and the words “as the case may be” shall be deleted.

In rule 4, for paragraph (5) there shall be substituted the following paragraph:—

“(5)

The fact that the order has been registered in the Court of Session or the Supreme Court of Northern Ireland shall be noted in the court minutes.”

In rule 4(6), the words “other than a guardianship order” shall be deleted.

In rule 4(8), for the words “the appropriate registrar shall give notice of the discharge or variation” there shall be substituted the words “the registrar or district registrar by whom the discharge or variation was ordered shall give notice thereof”; and the second sentence shall be deleted.

In rule 4, for paragraph (9) there shall be substituted the following paragraph:—

“(9)

Where the registration of an English order registered in the Court of Session or the Supreme Court of Northern Ireland is cancelled under section 24(1) of the Act of 1950, the prescribed officer to whom notice of the cancellation is to be sent under section 24(3) of that Act shall be the senior registrar; and on receipt of such notice he shall cause particulars of it to be entered in Part I of the register.”

In rule 5, for paragraph (1) there shall be substituted the following paragraph:—

“(1)

In relation to a Scottish or Northern Irish order the prescribed officer for the purposes of section 17(2) of the Act of 1950 shall be the senior registrar.”

In rule 5(2), for the words “the chief registrar or the senior registrar, as the case may be” there shall be substituted the words “the senior registrar”.

In rule 5(4), for the words “the registrar to whom a certified copy of the order was sent for registration” there shall be substituted the words “the senior registrar”.

In rule 5(3) and (5), for the words “the chief master in the case of a guardianship order and before a registrar of the divorce registry in any other case”, wherever they appear, there shall be substituted the words “a registrar of the principal registry”.

In rule 5(6), the words “(other than a guardianship order)” shall be deleted.

In rule 6, the number “(1)” at the beginning shall be deleted, and for the words “the registrar” where they first appear there shall be substituted the words “a registrar of the principal registry”; and paragraph (2) shall be omitted.

In rule 7, for the definition of “proper officer” there shall be substituted the following definition:—

• ““proper officer” means—

  1. (a)

     in the case of an order registered in the High Court under the Maintenance Orders (Facilities for Enforcement) Act 1920 or Part II of the Act of 1950, the senior registrar;

  2. (b)

     in the case of an order made by a magistrates' court which is to be or has been registered in the High Court under Part I of the Act of 1958, the senior registrar or the district registrar to whom a certified copy of the order has been sent pursuant to section 2(4)(c) of that Act; and

  3. (c)

     in any other case, the senior registrar or, where the order was made in a cause or matter proceedings in a district registry, the registrar of that registry. ”

In rule 8(1)(b) and (2), the words “and, in the case of an order made under section 3(2), 5(4) or 6 of the Act of 1925, the duplicate order” wherever they appear shall be deleted.

In rule 8(5), for sub-paragraphs (a) and (b) there shall be substituted the words “enter particulars of the registration in the court minutes”.

For rule 11 there shall be substituted the following rule:—

“Appeal from variation etc., of order by magistrates' court

11

An appeal to the High Court under section 4(7) of the Act of 1958 shall be heard and determined by a Divisional Court of the Family Division, and Order 90, rule 9, shall apply as it apples in relation to an appeal from a magistrates; court under the Guardianship of Minors Act 1971.”

In rule 17(1), the words from “if the related maintenance order” to “in any other case” shall be deleted.