The County Court Rules 1981

PART IMAINTENANCE ORDERS ACT 1950

Interpretation of Part I

1.  In this Part of this Order a section referred to by number means the section so numbered in the Maintenance Orders Act 1950 and “maintenance order” means an order to which section 16 of that Act applies, being an order made by a county court.

Prescribed officer

2.  The prescribed officer of a county court for the purposes of sections 17, 22, 23 and 24 of the Act of 1950 shall be the registrar.

Application for registration in Scotland or Northern Ireland

3.—(1) An application under Part II of the said Act of 1950 for the registration of a maintenance order in a sheriff court in Scotland or court of summary jurisdiction in Northern Ireland shall be made to the registrar of the county court by which the maintenance order was made by lodging in the office of that court an affidavit by the applicant (together with a copy thereof) stating—

(a)the date of the order, the name of the person liable to make payments thereunder and the amount of the weekly or other periodical payments ordered to be made;

(b)the address in Scotland or Northern Ireland of the person liable to make payments under the order;

(c)the reason why it is convenient that the order should be enforceable in Scotland or Northern Ireland, as the case may be;

(d)the amount of any arrears due to the applicant under the order; and

(e)that the order is not already registered under the Act.

(2) If it appears to the registrar that the person liable to make payments under the maintenance order resides in Scotland or Northern Ireland and that it is convenient that the maintenance order should be enforceable there, he shall cause a certified copy of the order and the applicant's affidavit to be sent to the sheriff-clerk of the sheriff court in Scotland or, as the case may be, to the clerk of the court of summary jurisdiction in Northern Ireland, having jurisdiction in the place in which the person liable to make payments under the order appears to be.

Variation or discharge of order by court which made it

4.  Where a maintenance order registered in a court in Scotland or Northern Ireland is varied or discharged by the court which made it, the registrar shall cause a certified copy of the order varying or discharging the order to be sent to the sheriff-clerk or, as the case may be, the clerk of the court in which the order is registered.

Recording of registration, variation or cancellation by court of registration

5.  On being notified of—

(a)the registration of a maintenance order in the court to which a certified copy has been sent pursuant to rule 3(2), or

(b)the variation of a registered maintenance order, or the cancellation of the registration of such an order, by the court in which it is registered,

the registrar shall cause a note of the registration, variation or cancellation to be made in the records of the court relating to the order.

Application to adduce evidence

6.  An application to a county court under section 22(5) to adduce evidence in connection with a maintenance order of that court which has been registered in Scotland or Northern Ireland shall be made on notice in accordance with Order 13, rule 1.