The Rules of the Supreme Court (Amendment) 1980

Re-registration of maintenance orders

21.  Order 105 shall be amended as follows:—

(1) In rule 4(9), for the reference to “section 24(3)” there shall be substituted a reference to “section 24(3)(a)”.

(2) In rule 5(4), for the reference to “section 23(2)”, there shall be substituted a reference to “section 23(1)(a)”.

(3) In rule 5(5), there shall be inserted, after the words “as the case may be”, a comma and the words “and also to the clerk of any magistrates' court in which the order has been registered in accordance with section 2(5) of the Act of 1958”.

(4) After rule 8 there shall be inserted the following rule:—

“Registration in a magistrates' court of an order registered in the High Court

8A.  On receipt of notice that a maintenance order registered in the High Court in accordance with section 17(4) of the Act of 1950 has been registered in a magistrates' court in accordance with s. 2(5) of the Act of 1958, the proper officer shall cause particulars of the registration to be entered in Part II of the register.”

(5) After rule 9 there shall be inserted the following rule:—

“Registration in the High Court of an order registered in a magistrates' court

9A.—(1) This rule applies where a sheriff court in Scotland or a magistrates' court in Northern Ireland has made an order for the registration in the High Court of an order previously registered in a magistrates' court in England and Wales in accordance with section 17(4) of the Act of 1950, and has sent a certified copy of the maintenance order to the proper officer of the High Court, pursuant to section 2(4)(c) of the Act of 1958.

(2) On receipt of the certified copy, the proper officer shall cause the order to be registered in the High Court by filing the copy and making an entry in the register, and shall send notice of the registration to the clerk of the original court and also to the clerk of the magistrates' court in which the order was registered in accordance with section 17(4) of the Act of 1950”.

(6) Rule 12(3)(b) shall be amended by inserting, in place of the words “the clerk of the magistrates' court by which the order was made”, the words “the clerk of the court by which the order was made, and where applicable, to the clerk of the magistrates' court in which the order was registered in accordance with section 17(4) of the Act of 1950”.

(7) Rule 12 shall be amended by adding the following paragraph:—

“(5) On receipt of notice from the clerk of a magistrates' court that the registration in that court under the Act of 1958 of an order registered in the High Court in accordance with section 17(4) of the Act of 1950 has been cancelled, the proper officer shall note the cancellation in Part II of the register.”