The County Court Rules 1981

PART IIMAINTENANCE ORDERS ACT 1958

7.  In this Part of this Order a section referred to by number means the section so numbered in the Maintenance Orders Act 1958 and, unless the context otherwise requires, expressions used in this Part of this Order which are used in the Act of 1958 have the same meaning as in that Act.

Application for registration in magistrates' court

8.—(1) An application under Part I of the said Act of 1958 for the registration of a county court order in a magistrates' 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 in the office of the court in which the order was made an affidavit by the applicant (together with a copy thereof) stating—

(i)the date of the order and the amount of the weekly or other periodical payments ordered to be made;

(ii)the address of the person liable to make payments under the order;

(iii)the reason why registration of the order in a magistrates' court is desired;

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

(v)the date of birth of each child named in the order;

(vi)that the order is not already registered under the said Act of 1958, and

(vii)whether any proceedings are pending, or any warrant or other process is in force, for the enforcement of the order.

(2) The application may be heard and determined by the registrar.

Procedure on grant of application

9.—(1) Where the application is granted, the applicant shall, if the application is granted on the making of the maintenance order or an order varying the maintenance order, lodge in the court office 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 rule 8(1)(b)(ii), (iv) and (v).

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

(3) The certified copy of an order required by section 2(2) to be sent to the clerk of a magistrates' court shall be accompanied by the copy of the applicant's affidavit or statement lodged under rule 8(1)(b) or paragraph (1), as the case may be.

Variation or discharge of order by county court

10.—(1) An order of a county court varying or discharging a maintenance order registered in a magistrates' court shall be served on the clerk of the magistrates' court as well as on the person liable to make payments under the maintenance order.

(2) Where a county court, on varying or discharging a maintenance order registered in a magistrates' court, decides to give notice under section 5(2), the notice shall be indorsed on the order required by the last foregoing paragraph to be served on the clerk of the magistrates' court.

Recording of registration, variation or cancellation by magistrates' court

11.  On being notified of—

(a)the registration in a magistrates' court of a maintenance order made by a county court, or

(b)the variation of a registered maintenance order, or the cancellation of the registration of such an order, by the magistrates' 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.