SCHEDULE 1The Rules of the Supreme Court (Northern Ireland) 1980

SPECIAL PROVISIONS AS TO PARTICULAR PROCEEDINGS

ORDER 105REGISTRATION OF MAINTENANCE ORDERS: ATTACHMENT OF EARNINGS ORDERS FOR THE ENFORCEMENT OF MAINTENANCE ORDERS

IV. REGISTRATION, ETC. OF CERTAIN ORDERS UNDER THE ACT OF 1966

Application for registration11

1

An application under section 11 of the Act of 1966 for the registration in a court of summary jurisdiction of a maintenance order made by the High Court may be made—

a

on the making of the maintenance order or an order varying the maintenance order, or

b

at any other time by lodging with the proper officer a certified copy of the maintenance order and an affidavit by the applicant, together with a copy thereof, stating—

i

the address and occupation of the person liable to make payments under the maintenance order;

ii

the reason why registration of the maintenance order in a court of summary jurisdiction is desired;

iii

the amount of any arrears due to the applicant under the maintenance order, the date to which those arrears have been calculated and the date on which the next payment under the maintenance order falls due;

iv

the date of birth of each child named in the maintenance order;

v

that the maintenance order is not already registered under the Act of 1966; and

vi

whether any proceedings are pending for the enforcement of the maintenance order.

2

Where such application is granted, the applicant must, if he has not already done so, lodge with the proper officer a certified copy of the maintenance order and, where the application was granted on the making of the maintenance order or any order varying the maintenance order, a statement signed by the applicant or his solicitor, and a copy thereof, giving the address of the person entitled to receive payments under the maintenance order and the particulars mentioned in paragraph (1)(b)(i), (iii) and (iv).

3

The period required to be prescribed by rules of Court for the purpose of section 11(2) of the Act of 1966 shall be 14 days.

4

The proper officer shall cause the certified copy of a maintenance order required by the said section 11(2) to be sent to the clerk of petty sessions acting for the petty sessions district in which the defendant appears to be, indorsed with a note that the application for registration of the maintenance order has been granted and to be accompanied by a copy of the affidavit or statement lodged under paragraph (1) or (2), as the case may be.

5

On receipt of notice that a maintenance order made by the High Court has been registered in a court of summary jurisdiction in accordance with section 11(5) of the Act of 1966, the proper officer shall enter particulars of the registration in the Court minutes.