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The Family Procedure Rules 2010

Type Statutory-Instrument

Publication 2010-12-13

Last updated 2026-09-29

State In force

Department Statute Law Database

Source legislation.gov.uk

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articles Not indexed

These rules provide a new code of procedure for family proceedings in the High Court, county courts and magistrates' courts, and replace existing rules of court for family proceedings. The principal rules being replaced are the Family Proceedings Rules 1991, the Family Procedure (Adoption) Rules 2005 and, in so far as they relate to family proceedings, the Family Proceedings Courts (Children Act 1989) Rules 1991, the Family Proceedings (Matrimonial Proceedings etc) Rules 1991, and rules relating to the reciprocal enforcement of maintenance orders, in particular the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) Rules 1974.

Reform history JSON API

The Part 19 procedure applies to an application to the High Court under section 24(2) of the 1950 Act.

Application of this Chapter to a family court order

32

Rules 32.3 to 32.5A apply to a family court order as if—

(a) references to a High Court order were references to a family court order;

(aa) in rule 32.5A, references to the High Court were to the family court;

(b) where the order is to be registered in Scotland, references to the Court of Session and the clerk of the Court of Session were references to the sheriff court and the sheriff-clerk of the sheriff court respectively; and

(c) where the order is to be registered in Northern Ireland, references to the Court of Judicature of Northern Ireland and the registrar of Northern Ireland were references to the court of summary jurisdiction and the clerk of the court of summary jurisdiction respectively.

Variation of a family court order: section 22(1) of the 1950 Act

32.6A

Where a family court order, which is registered in a court in Scotland or Northern Ireland, is varied under section 22(1) of the 1950 Act by the court in which it is registered—

(a) the court officer for the court which made the order will be the prescribed officer to whom notice of the variation must be given under section 23(1) of the 1950 Act; and

(b) on receipt of a notice under section 23(1) of the 1950 Act, the court officer will enter particulars of the notice in the register.

Application to adduce evidence: section 22(5) of the 1950 Act

32.6B

(1) The Part 18 procedure applies to an application under section 22(5) of the 1950 Act where a maintenance order was made by the family court.

(2) The family court will send a transcript or summary of any evidence taken to the clerk of the court in which the order is registered.

(3) The court officer for the court in England and Wales which made the maintenance order will be the prescribed officer to whom any transcript or summary of evidence adduced in the court in Scotland or Northern Ireland must be sent under section 22(5) of the 1950 Act.

SECTION 3 — Registration etc. of Scottish and Northern Irish orders

Registration of Scottish and Northern Irish orders

32

On receipt of a certified copy of a Scottish order or a Northern Irish order for registration, a court officer in the principal registry (who is the prescribed in the High Court officer for the purposes of section 17(2) of the 1950 Act) or a court officer in the family court (who is the prescribed officer in the family court for the purposes of section 17(2) of the 1950 Act) will—

(a) enter particulars of the order in ... the register;

(b) notify the clerk of the court which made the order or the registrar in Northern Ireland, as the case may be, that the order has been registered; and

(c) file the certified copy of the order and any statutory declaration, affidavit(GL) or statement as to the amount of any arrears due under the order.

(Section 17(3) of the 1950 Act makes provision as to the court in England and Wales to which a Northern Irish order or a Scottish order should be sent, which depends on which court originally made the order.)

Application to adduce evidence: sections 21(2) and 22(5) of the 1950 Act

32

(1) The Part 18 procedure applies to the applications under these provisions of the 1950 Act—

(a) an application to the High Court to adduce evidence under section 21(2) by a person liable to make payments under a Scottish order registered in the High Court;

(b) an application to the family court to adduce evidence under section 21(2) by a person liable to make payments under a Scottish order registered in the High Court under the 1950 Act and registered in the family court under Part 1 of the 1958 Act; and

(c) an application to the family court to adduce evidence under section 22(5) by a person entitled to payments or a person liable to make payments under a Scottish order or a Northern Irish order registered in the family court under Part 1 of the 1950 Act.

(2) The court officer for the family court (being the court in which the order is registered) will be the prescribed officer under section 22(5) of the 1950 Act to whom any transcript or summary of evidence adduced in the court in Scotland or Northern Ireland by which the order was made must be sent.

Notice of variation etc. of Scottish and Northern Irish orders

32

(1) This rule applies where—

(a) a Scottish order or a Northern Irish order, which is registered in the High Court or the family court, is discharged or varied by the court in Scotland or Northern Ireland; and

(b) notice of the discharge or variation is given to the court officer in the High Court or in the family court, as the case may be (who is the prescribed officer for the purposes of section 23(1)(a) of the 1950 Act ).

(2) On receipt of a notice of discharge or variation, the court officer will enter particulars of the notice in ... the register.

Variation of Scottish and Northern Irish orders by the family court

32.9A

(1) The Part 18 procedure applies to an application to the family court under section 22(1) of the 1950 Act to vary a Scottish order or a Northern Irish order which is registered in the family court.

(2) Where a Scottish order or a Northern Irish order is varied by the family court on an application under section 22(1) of the 1950 Act, the court officer will give notice of the variation to the clerk of the court in Scotland or Northern Ireland which made the order by sending a certified copy of the order of variation.

Cancellation of registration of Scottish and Northern Irish orders

32

(1) The Part 18 procedure applies to an application under section 24(1) of the 1950 Act for the cancellation of the registration of a Scottish order or a Northern Irish order in the High Court or the family court.

(2) The application must be made without notice to the person liable to make payments under the order.

(3) If the registration of the order is cancelled, the court officer will—

(a) note the cancellation in ... the register; and

(b) send written notice of the cancellation to—

(i) the clerk of the court which made the order or the registrar in Northern Ireland, as the case may be; and

(ii) the court officer of the family court if the order has been registered in the family court in accordance with section 2(5) of the 1958 Act.

(4) Where a maintenance order is registered under the 1950 Act in the family court, the court officer for the family court is the prescribed officer for the purposes of section 24(2) of the 1950 Act, and in paragraphs (5) and (6) references to the court officer are to the court officer of the family court.

(5) If a notice under section 24(2) of the 1950 Act is received, the court officer will—

(a) cancel the registration of the order; and

(b) send written notice of the cancellation to the clerk of the court which made the order.

(6) Where a maintenance order is registered in the family court under Part 1 of the 1958 Act and the court officer receives a notice of cancellation under section 24(3) of the 1950 Act from the appropriate officer of the High Court, the court officer will—

(a) enter the details of the notice in the register;

(b) cancel the registration under Part 1 of the 1958 Act; and

(i) the Deputy Principal Clerk of Session, in the case of the Court of Session; or

(ii) the Chief Registrar of the King’s Bench Division (Matrimonial), in the case of the High Court of Justice in Northern Ireland.

Payments under a maintenance order registered in the family court

32.10A

(1) This rule applies where section 22(1A) of the 1950 Act applies and the family court orders that payments under a maintenance order registered in the family court are to be made by a particular means.

(2) The court officer will record on a copy of the order the means of payment that the court has ordered.

(3) The court officer will notify, in writing, the person liable to make payments under the order how the payments are to be made.

(4) Where under section 1(4A) of the Maintenance Enforcement Act 1991 the family court orders payment to the court by a method of payment specified in section 1(5) of that Act, the court officer will notify the person liable to make payments under the order of sufficient details of the account into which the payments should be made to enable payments to be made into that account.

(5) The Part 18 procedure applies to an application under section 1(7) of the Maintenance Enforcement Act 1991 (application from an interested party to revoke, suspend, revive or vary a means of payment order).

(6) Where the court makes an order under section 1(7) of the Maintenance Enforcement Act 1991 or dismisses an application for such an order, the court officer will, as far as practicable, notify in writing all interested parties of the effect of the order and will take the steps set out in paragraphs (2), (3) and (4), as appropriate.

(7) In this rule, “interested party” has the meaning given in section 1(10) of the Maintenance Enforcement Act 1991.

Enforcement

32

(1) Subject to paragraph (2), Part 33 applies to an application for or with respect to the enforcement of a Scottish order or a Northern Irish order registered in the High Court or the family court.

(2) The application may be made without notice to the person liable to make payments under the order.

Inspection of register and copies of order

32

Any person—

(a) who is entitled to receive, or liable to make, payments under a Scottish order or a Northern Irish order registered in the High Court or the family court under the 1950 Act; or

(b) with the permission of the court,

may—

(i) inspect the register; or

(ii) request a copy of any order registered in the High Court or the family court under Part 2 of the 1950 Act and any statutory declaration, affidavit(GL) or statement filed with the order.

Notices and certificates: section 19(4), 20(1) and 24(5) and (5A) of the 1950 Act

32.12A

(1) Practice Direction 32A contains the form of—

(a) a notice under section 19(4) of the 1950 Act that payments under a maintenance order made by a sheriff court in Scotland or a court of summary jurisdiction in Northern Ireland have become payable through or to any officer or person;

(b) a notice under section 19(4) of the 1950 Act that the payments under a maintenance order made by the family court have, on its registration under Part 2 of the 1950 Act in a court in Scotland or Northern Ireland, ceased to be payable to or through the court or any person;

(c) a certificate lodged under section 20(1) of the 1950 Act as to the amount of any arrears due under a maintenance order made by the family court; and

(d) a notice under section 24(5) or (5A) of the 1950 Act of the cancellation of the registration under Part 2 of the 1950 Act of a maintenance order in the family court.

(2) The court officer will send a notice referred to in paragraph (1)(a), (b) or (d) to the person liable to make the payments under the order at that person’s last known address.

CHAPTER 3 — REGISTRATION OF MAINTENANCE ORDERS UNDER THE 1958 ACT

Interpretation

32

In this Chapter “the register” means the register kept for the purposes of the 1958 Act.

Registration of orders – prescribed period

32

The prescribed period for the purpose of section 2(2) of the 1958 Act is 14 days. (Section 2(2) sets out the period during which an order, which is to be registered in a magistrates' court, may not be enforced)

Application for registration of a maintenance order in the family court – procedure in the High Court

32

(1) An application under section 2(1) of the 1958 Act may be made by sending to the court officer at the court which made the order—

(a) a certified copy of the maintenance order; and

(b) two copies of the application.

(2) When, on the grant of an application, the court officer sends the certified copy of the maintenance order to the family court in accordance with section 2(2), the court officer must—

(a) note on the order that the application for registration has been granted; and

(b) send to the family court a copy of the application for registration of the order.

(3) On receiving notice that the family court has registered the order, the court officer of the High Court must enter particulars of the registration in the court records.

Application for registration of a maintenance order in the family court – procedure in the family court

32.15A

(1) This rule applies where the court officer for the family court receives from the court officer of the High Court a certified copy of a High Court order, in accordance with section 2(2)(b) of the 1958 Act.

(2) The court officer of the family court will—

(a) register the order in the family court by entering particulars in the register; and

(b) send notice to the court officer of the High Court that the order has been registered.

Registration in the family court of an order registered in the High Court - procedure in the High Court

32

(1) This rule applies where—

(a) a maintenance order is registered in the High Court in accordance with section 17(4) of the 1950 Act; and

(b) the court officer of the High Court receives notice that the family court has registered the order in accordance with section 2(5) of the 1958 Act.

(2) The court officer of the High Court must enter particulars of the registration in ... the register.

Registration in the family court of an order registered in the High Court – procedure in the family court

32.16A

(1) This rule applies where—

(a) a maintenance order is registered in the High Court in accordance with section 17(4) of the 1950 Act; and

(b) the court officer of the family court, in accordance with section 2(2)(b) of the 1958 Act, receives from the appropriate officer of the original court in Scotland or Northern Ireland a certified copy of an order made by the court in Scotland or Northern Ireland.

(2) The court officer of the family court will—

(a) register the order in the family court by entering particulars in the register; and

(b) send written notice to the court officer of the High Court and to the appropriate officer of the original court in Scotland or in Northern Ireland that the order has been registered.

Registration in the High Court of a magistrates' court order

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

32

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Variation or discharge of an order registered in the family court – procedure in the High Court

32

(1) This rule applies where a maintenance order is registered in the family court under Part 1 of the 1958 Act.

(2) If the court which made the order makes an order varying or discharging that order the court officer of the High Court must send a certified copy of the order of variation or discharge to the family court.

(3) If the court officer of the High Court receives from the family court a certified copy of an order varying the maintenance order the court officer must—

(a) file the copy of the order; and

(b) enter the particulars of the variation in the place where the details required by rule 32.15(3) were entered.

Variation, remission, discharge or cancellation of registration of an order registered in the family court – procedure in the family court

32.19A

(1) Where under section 4(2) of the 1958 Act a High Court order registered in the family court is varied by the family court, the court officer for the family court will give notice of the variation to the High Court.

(2) Where under section 4(4) of the 1958 Act an application for the variation of a High Court order registered in the family court is remitted to the High Court by the family court, the court officer for the family court will give notice of its having been remitted to the High Court.

(3) Where under section 5(4) of the 1958 Act the registration of a High Court order in the family court is cancelled by the family court, the court officer for the family court will give notice of cancellation to the High Court, stating (if applicable) that the cancellation is a result of a notice given under section 5(1) of the 1958 Act.

(4) Where under section 5(4) of the 1958 Act the registration in the family court of an order made in Scotland or Northern Ireland is cancelled by the family court, the court officer for the family court will give notice of the cancellation to—

(a) the appropriate officer of the court which made the order; and

(b) where the order is registered under Part 2 of the 1950 Act, to the appropriate officer of the High Court.

(5) Where under section 5(4) of the 1958 Act the registration in the family court of an order under Part 2 of the 1950 Act is cancelled by the family court, the court officer for the family court will give notice of the cancellation to the appropriate officer of the original court.

(6) Where under section 5 of the 1958 Act the cancellation of the registration of a High Court order means that any order which requires payment to be made to the family court is to cease to have effect, the court officer will give notice to the defendant in the form set out in Practice Direction 32A (Form 7).

Variation or discharge of an order registered in the High Court

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Cancellation of registration – orders registered in the High Court

32

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Cancellation of registration – orders registered in the family court

32

(1) Where the court gives notice under section 5(2) of the 1958 Act, the court officer must endorse the notice on the certified copy of the order of variation or discharge sent to the family court in accordance with rule 32.19(2).

(2) Where notice is received from the family court that registration of an order made by the High Court ... under Part 1 of the 1958 Act has been cancelled, the court officer must enter particulars of the cancellation in the place where the details required by rule 32.15(3) were entered.

Notices: payments made through the family court

32.22A

(1) Paragraph (2) applies where a notice is given under section 2(6ZC) of the 1958 Act that payments under an order registered in the family court are payable to the family court.

(2) The notice will be in the form set out in Practice Direction 32A (Form 5) and will be given by the court officer of the family court.

(3) Paragraph (4) applies where a notice is given under section 2(6ZC) of the 1958 Act that payments under an order registered in the family court have ceased to be payable to the family court.

(4) The notice will be in the form set out in Practice Direction 32A (Form 6) and will be given by the court officer of the family court.

Method of payment

32.22B

(1) This rule applies where the family court exercises its duties or powers under section 4A(2) of the 1958 Act to make, revive or vary any means of payment order within the meaning of section 1(7) of the Maintenance Enforcement Act 1991.

(2) Where the court orders that payments under a registered order are to be made by a particular means—

(a) the court will record on a copy of the order the means of payment which the court has ordered; and

(b) the court officer will notify, in writing, the person liable to make payments under the order how the payments are to be made.

(3) Paragraph (4) applies where the court orders that payments be made—

(a) by the debtor to the creditor; or

(b) by the debtor to the court;

by a method falling within section 1(5) of the Maintenance Enforcement Act 1991.

(4) The court officer will notify the person liable to make payments under the order of sufficient details of the account into which payments should be made to enable payments to be made into that account.

Variation of method of payment

32.22C

(1) The Part 18 procedure applies to an application under section 1(3)(a) of the Maintenance Enforcement Act 1991 received from an interested party for the method of payment to be varied under section 4A of the 1958 Act.

(2) The court will notify the interested party who made the application and, where practicable, any other interested party, of the result of the application.

(3) The court will record any variation on a copy of the order.

Notices received from another court or from a person entitled to payments

32.22D

(1) This rule applies where any notice is received—

(a) of the discharge or variation by the High Court of a High Court order registered in the family court;

(b) of the discharge or variation by a court in Scotland or Northern Ireland of an order made by such a court and registered in the family court; or

(2) The court officer for the family court will enter details of any such notice in the register.

(3) In the case of a notice under section 5(1) or (2) of the 1958 Act, the court officer for the family court will ensure that the person in possession of any warrant of commitment, issued but not executed, for the enforcement of the order is informed of the giving of that notice.

CHAPTER 4 — REGISTRATION AND ENFORCEMENT OF CUSTODY ORDERS UNDER THE 1986 ACT

Interpretation

32

In this Chapter—

“appropriate court” means, in relation to—Scotland, the Court of Session;Northern Ireland, the High Court in Northern Ireland; anda specified dependent territory, the corresponding court in that territory;

“appropriate officer” means, in relation to—the Court of Session, the Deputy Principal Clerk of Session;the High Court in Northern Ireland, the Master (Care and Protection) of that court; andthe appropriate court in a specified dependent territory, the corresponding officer of that court;

“Part 1 order” means an order under Part 1 of the 1986 Act;

“the register” means the register kept for the purposes of Part 1 of the 1986 Act; and

“specified dependent territory” means a dependent territory specified in column 1 of Schedule 1 to the Family Law Act 1986 (Specified Dependent Territories) Order 1991 .

Prescribed officer and functions of the court

32

(1) The prescribed officer for the purposes of sections 27(4) and 28(1) of the 1986 Act is the family proceedings department manager of the principal registry.

(2) The function of the court under sections 27(3) and 28(1) of the 1986 Act shall be performed by a court officer.

Application for the registration of an order made by the High Court or the family court

32

(1) An application under section 27 of the 1986 Act for the registration of an order made in the High Court or the family court may be made by sending to a court officer at the court which made the order—

(a) a certified copy of the order;

(b) a copy of any order which has varied the terms of the original order;

(i) contains the name and address of the applicant and the applicant's interest under the order;

(ii) contains—

(aa) the name and date of birth of the child in respect of whom the order was made;

(bb) the whereabouts or suspected whereabouts of the child; and

(cc) the name of any person with whom the child is alleged to be;

(iii) contains the name and address of any other person who has an interest under the order and states whether the order has been served on that person;

(iv) states in which of the jurisdictions of Scotland, Northern Ireland or a specified dependent territory the order is to be registered;

(v) states that to the best of the applicant's information and belief, the order is in force;

(vi) states whether, and if so where, the order is already registered;

(vii) gives details of any order known to the applicant which affects the child and is in force in the jurisdiction in which the order is to be registered;

(viii) annexes any document relevant to the application; and

(ix) is verified by a statement of truth; and

(d) a copy of the statement referred to in paragraph (c).

(2) On receipt of the documents referred to in paragraph (1), the court officer will, subject to paragraph (4)—

(a) keep the original statement and send the other documents to the appropriate officer;

(b) record in the court records the fact that the documents have been sent to the appropriate officer; and

(3) On receipt of a notice that the document has been registered in the appropriate court the court officer will record that fact in the court records.

(4) The court officer will not send the documents to the appropriate officer if it appears to the court officer that—

(a) the order is no longer in force; or

(b) the child has reached the age of 16.

(5) Where paragraph (4) applies—

(a) the court officer must, within 14 days of the decision, notify the applicant of the decision of the court officer in paragraph (4) and the reasons for it; and

(b) the applicant may apply to the court, in private for an order that the documents be sent to the appropriate court.

Registration of orders made in Scotland, Northern Ireland or a specified dependent territory

32

(1) This rule applies where the prescribed officer receives, for registration, a certified copy of an order made in Scotland, Northern Ireland or a specified dependent territory.

(2) The prescribed officer will—

(a) enter in the register—

(i) the name and address of the applicant and the applicant's interest under the order;

(ii) the name and date of birth of the child and the date the child will attain the age of 16;

(iii) the whereabouts or suspected whereabouts of the child; and

(iv) the terms of the order, its date and the court which made it;

(b) file the certified copy and accompanying documents; and

(i) the court which sent the order; and

(ii) the applicant,

that the order has been registered.

Revocation and variation of an order made in the High Court or the family court

32

(1) Where a Part 1 order, registered in an appropriate court, is varied or revoked, the court officer of the court making the order of variation or revocation will—

(a) send a certified copy of the order of variation or revocation to—

(i) the appropriate officer; and

(ii) if a different court, the court which made the Part 1 order;

(b) record in the court records the fact that a copy of the order has been sent; and

(2) On receipt of notice from the appropriate court that its register has been amended, this fact will be recorded by the court officer of—

(a) the court which made the order of variation or revocation; and

(b) if different, the court which made the Part 1 order.

Registration of varied, revoked or recalled orders made in Scotland, Northern Ireland or a specified dependent territory

32

(1) This rule applies where the prescribed officer receives a certified copy of an order made in Scotland, Northern Ireland or a specified dependent territory which varies, revokes or recalls a registered Part 1 order.

(2) The prescribed officer shall enter particulars of the variation, revocation or recall in the register and give notice of the entry to—

(a) the court which sent the certified copy;

(b) if different, the court which made the Part 1 order;

(d) if different, the applicant for the variation, revocation of recall of the order.

(3) An application under section 28(2) of the 1986 Act must be made in accordance with the Part 19 procedure.

(4) The applicant for the Part 1 order, if not the applicant under section 28(2) of the 1986 Act, must be made a defendant to the application.

(5) Where the court cancels a registration under section 28(2) of the 1986 Act, the court officer will amend the register and give notice of the amendment to the court which made the Part 1 order.

Interim directions

32

The following persons will be made parties to an application for interim directions under section 29 of the 1986 Act —

(a) the parties to the proceedings for enforcement; and

(b) if not a party to those proceedings, the applicant for the Part 1 order.

Staying and dismissal of enforcement proceedings

32

(1) The following persons will be made parties to an application under section 30(1) or 31(1) of the 1986 Act—

(a) the parties to the proceedings for enforcement which are sought to be stayed(GL); and

(b) if not a party to those proceedings, the applicant for the Part 1 order.

(2) Where the court makes an order under section 30(2) or (3) or section 31(3) of the 1986 Act, the court officer will amend the register and give notice of the amendment to—

(a) the court which made the Part 1 order; and

(b) the applicants for—

(i) registration;

(ii) enforcement; and

(iii) stay(GL)or dismissal of the enforcement proceedings.

Particulars of other proceedings

32

A party to proceedings for or relating to a Part 1 order who knows of other proceedings which relate to the child concerned (including proceedings out of the jurisdiction and concluded proceedings) must file a witness statement which—

(a) states in which jurisdiction and court the other proceedings were begun;

(b) states the nature and current state of the proceedings and the relief claimed or granted;

(d) if applicable and if known, states the reasons why relief claimed in the proceedings for or relating to the Part 1 order was not claimed in the other proceedings; and

(e) is verified by a statement of truth.

Inspection of register

32

The following persons may inspect any entry in the register relating to a Part 1 order and may request copies of the order any document relating to it—

(a) the applicant for registration of the Part 1 order;

(b) a person who, to the satisfaction of a district judge, has an interest under the Part 1 order; and

Chapter 5 — Ability of a court officer to take enforcement proceedings in relation to certain orders for periodical payments

Court officers and enforcement proceedings

32.33

(1) In this rule—

“the 1972 Act” means the Maintenance Orders (Reciprocal Enforcement) Act 1972;

“relevant order” means—any order made by the family court for periodical payments, other than an order made by virtue of Part 2 of the 1972 Act;any order for periodical payments made by the High Court (including an order deemed to be made by the High Court by virtue of section 1(2) of the 1958 Act) and registered under Part 1 of the 1958 Act in the family court; andan order made by a court in Scotland or in Northern Ireland which is registered in the family court under Part 2 of the 1950 Act; and

“the payee” means the person for whose benefit payments under a relevant order are required to be made.

(2) Where—

(a) payments under a relevant order are required to be made periodically to the family court; and

(b) any sums payable under the order are in arrears,

a court officer will, if the payee so requests in writing, and unless it appears to the court officer that it is unreasonable in the circumstances to do so, proceed in the officer’s own name for the recovery of those sums.

(3) Where payments under a relevant order are required to be made periodically to the court, the payee may, at any time during the period in which the payments are required to be so made, give authority in writing to a court officer for the officer to proceed as mentioned in paragraph (4).

(4) Where authority is given under paragraph (3) to a court officer, that officer will, unless it appears unreasonable in the circumstances to do so, proceed in the officer’s own name for the recovery of any sums payable to the court under the order in question which, on or after the date of the giving of the authority, fall into arrears.

(5) In any case where—

(a) authority under paragraph (3) has been given to a court officer; and

(b) the payee gives notice in writing to that court officer cancelling the authority,

the authority will cease to have effect and so the court officer will not continue any proceedings already commenced by virtue of the authority.

(6) The payee shall have the same liability for all of the costs properly incurred in, or in relation to, proceedings taken under paragraph (2) at the payee’s request, or under paragraph (3) by virtue of the payee’s authority, including any court fees and any costs incurred as a result of any proceedings commenced not being continued, as if the proceedings had been commenced by the payee.

(7) Nothing in paragraph (2) or (4) shall affect any right of a payee to proceed in his or her own name for the recovery of sums payable under an order of any court.

PART 33 — ENFORCEMENT

CHAPTER 1 — GENERAL RULES

Application

33

(1) The rules in this Part apply to an application made in the High Court and the family court to enforce an order made in family proceedings.

(2) Parts 50, 83 and 84 of, and Schedules 1 and 2 to, the CPR apply, as far as they are relevant and with necessary modification ..., to an application made in the High Court and the family court to enforce an order made in family proceedings.

SECTION 1 — Enforcement of orders for the payment of money

Application of the Civil Procedure Rules

33

Part 70 of the CPR applies to proceedings under this Section as if—

(a) in rule 70.1, in paragraph (2)(d), “but does not include a judgment or order for the payment of money into court” is omitted; ...

(a1) in rule 70.3(1), for “County Court” there is substituted “family court”; and

(b) rule 70.5 is omitted.

How to apply

33

(1) Except where a rule or practice direction otherwise requires, an application for an order to enforce an order for the payment of money must be made in a notice of application accompanied by a statement which must—

(a) state the amount due under the order, showing how that amount is arrived at; and

(b) be verified by a statement of truth.

(2) The notice of application may either—

(a) apply for an order specifying the method of enforcement; or

(b) apply for an order for such method of enforcement as the court may consider appropriate.

(3) If an application is made under paragraph (2)(b), the court must issue an order which includes requirements that—

(a) the debtor must attend court at the time and place specified in the order to answer on oath such questions as the court may require;

(b) the debtor must complete a financial statement in the form served with that order; and

(i) filed with the court; and

(ii) served on the applicant,

by the debtor not less than seven days before the date on which order requires the debtor to attend court.

(4) An order issued under paragraph (3) must include a penal notice, as defined in rule 37.2.

Transfer of orders

33

(1) This rule applies to an application for the transfer—

(a) to the High Court of an order made in the family court; and

(b) to the family court of an order made in the High Court.

(2) The application must be—

(a) made without notice; and

(b) accompanied by a statement which complies with rule 33.3(1).

(3) The transfer will have effect upon the filing of the application.

(4) Where an order is transferred from the family court to the High Court—

(a) it will have the same force and effect; and

(b) the same proceedings may be taken on it,

as if it were an order of the High Court.

(5) This rule does not apply to the transfer of orders for periodical payments or for the recovery of arrears of periodical payments.

SECTION 2 — Committal and injunction

Enforcement of orders by way of committal

33

Part 37 applies as appropriate for the enforcement by way of committal of an order made in family proceedings.

Proceedings in the principal registry treated as pending in a designated county court

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Specific modifications of the CCR

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 118 County Courts Act 1984 and the tipstaff

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 2 — COMMITTAL BY WAY OF JUDGMENT SUMMONS

Interpretation

33

In this Chapter, unless the context requires otherwise—

“order” means an order made in family proceedings for the payment of money;

“judgment creditor” means a person entitled to enforce an order under section 5 of the Debtors Act 1869;

“debtor” means a person liable under an order; and

“judgment summons” means a summons under section 5 of the Debtors Act 1869 requiring a debtor to attend court.

Application

33

(1) An application for the issue of a judgment summons may be made—

(a) in the case of an order of the High Court, to—

(i) the principal registry;

(ii) a district registry; or

(iii) the family court,

whichever in the opinion of the judgment creditor is most convenient, and if to the family court, to whichever Designated Family Judge area is in the opinion of the judgment creditor most convenient; and

(b) in the case of an order of the family court, to whichever Designated Family Judge area is in the opinion of the judgment creditor most convenient,

having regard (in any case) to the place where the debtor resides or carries on business and irrespective of the location of the court or registry in which the order was made.

(For the way in which information will be provided to enable Designated Family Judge areas and Designated Family Courts to be identified, see Practice Direction 34E.)

(2) An application must be accompanied by a statement which—

(a) complies with rule 33.3(1);

(b) contains all the evidence on which the judgment creditor intends to rely; and

Judgment summons

33

(1) If the debtor is in default under an order of committal made on a previous judgment summons in respect of the same order, a judgment summons must not be issued without the court's permission.

(2) A judgment summons must be accompanied by the statement referred to in rule 33.10(2).

(3) A judgment summons must be served on the debtor—

(a) personally; or

(b) by the court sending it to the debtor by first class post—

(i) at the address stated in the application for the issue of a judgment summons; or

(ii) in a case where a court officer is proceeding for the recovery of a debt in accordance with rule 32.33, at the last known address for the debtor shown on court records.

(4) In a case to which paragraph (3)(b)(i) applies, the judgment creditor must file with the court a certificate for postal service.

(5) A judgment summons must be served on the debtor not less than 14 days before the hearing.

(6) Paragraph (3) is subject to any direction of the court that the judgment summons must be served personally on the debtor.

Successive judgment summonses

33

Subject to rule 33.11(1), successive judgment summonses may be issued even if the debtor has ceased to reside or carry on business at the address stated in the application for the issue of a judgment summons since the issue of the original judgment summons.

Order or summons to attend adjourned hearing: requirement for personal service

33

(1) Paragraph (2) applies in proceedings for committal by way of judgment summons where—

(a) the family court has ordered under section 110(1) of the County Courts Act 1984 that the debtor must attend an adjourned hearing; or

(b) the High Court has summonsed the debtor to attend an adjourned hearing following the debtor’s failure to attend the hearing of the judgment summons.

(2) The following documents must be served personally on the debtor—

(a) the notice of the date and time fixed for the adjourned hearing; and

(b) copies of the judgment summons and the documents mentioned in rule 33.10(2).

Committal on application for judgment summons

33

(1) Subject to paragraph (2), on a hearing of an application for a judgment summons the debtor may be committed for making default on payment of a debt if the judgment creditor proves that the debtor—

(a) has, or has had, since the date of the order the means to pay the sum in respect of which the debtor has made default; and

(b) has refused or neglected, or refuses or neglects, to pay that sum.

(2) A debtor may not be committed in accordance with paragraph (1) where the judgment summons was served by post, unless the debtor attends the hearing.

(3) Where the debtor has been ordered or summonsed to attend an adjourned hearing in accordance with rule 33.13, the debtor may be committed—

(a) for failure to attend the adjourned hearing; or

(b) for making default on payment of a debt, if the judgment creditor proves that the debtor—

(i) has, or has had, since the date of the order the means to pay the sum in respect of which the debtor has made default; and

(ii) has refused or neglected, or refuses or neglects, to pay that sum.

(4) The debtor may not be compelled to give evidence.

Expenses

33.14A

(1) A debtor must not be committed to prison under section 110(2) of the County Courts Act 1984 unless the debtor has been paid or offered a sum reasonably sufficient to cover the expenses of travelling to and from the court building at which the debtor is summoned or ordered to appear.

(2) The sum must be paid or offered at the time of service of—

(a) the judgment summons; or

(b) the order to attend under section 110(1) of the County Courts Act 1984.

Orders for the benefit of different persons

33

Where an applicant has obtained one or more orders in the same application but for the benefit of different persons—

(a) where the judgment creditor is a child, the applicant may apply for the issue of a judgment summons in respect of those orders on behalf of the judgment creditor without seeking permission to act as the child's litigation friend; and

(b) only one judgment summons need be issued in respect of those orders.

Hearing of judgment summons

33

(1) On the hearing of the judgment summons the court may—

(a) where the order is for lump sum provision or costs; or

(b) where the order is an order for maintenance pending suit, an order for maintenance pending outcome of proceedings or an order for other periodical payments and it appears to the court that the order would have been varied or suspended if the debtor had made an application for that purpose,

make a new order for payment of the amount due under the original order, together with the costs of the judgment summons, either at a specified time or by instalments.

(2) If the court makes an order of committal, it may direct its execution to be suspended on terms that the debtor pays to the judgment creditor—

(a) the amount due;

(b) the costs of the judgment summons; and

either at a specified time or by instalments.

(3) All payments under a new order or an order of committal must be made to the judgment creditor unless the court directs otherwise.

(4) Where an order of committal is suspended on such terms as are mentioned in paragraph (2)—

(a) all payments made under the suspended order will be deemed to be made—

(i) first, in or towards the discharge of any sums from time to time accruing due under the original order; and

(ii) secondly, in or towards the discharge of a debt in respect of which the judgment summons was issued and the costs of the summons; and

(b) the suspended order must not be executed until the judgment creditor has filed a statement of default on the part of the debtor.

Special provisions as to judgment summonses in the High Court

33

(1) The High Court may summons witnesses to give evidence to prove the means of the debtor and may issue a witness summons for that purpose.

(2) Where the debtor appears at the hearing, the High Court may direct that the travelling expenses paid to the debtor be allowed as expenses of a witness.

(3) Where the debtor appears at the hearing and no order of committal is made, the High Court may allow the debtor's proper costs including compensation for any loss of earnings.

(4) When the High Court makes—

(a) a new order; or

(b) an order of committal,

a court officer must send notice of the order to the debtor and, if the original order was made in another court, to that court.

(5) An order of committal must be directed—

(a) where the order is to be executed by the tipstaff, to the tipstaff; or

(b) where the order is to be executed by a deputy tipstaff, to the Designated Family Judge area within which the debtor is to be found.

Special provisions as to judgment summonses in designated county courts

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 3 — ATTACHMENT OF EARNINGS

Enforcement by attachment of earnings order

33.19

Part 39 applies to applications for an attachment of earnings order to secure payments under a maintenance order.

Application of CCR Order 27: enforcement of a maintenance order

33.19A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 4 — WARRANT OF CONTROL

Applications to vary existing orders

33

Where an application is pending for a variation of—

(a) a financial order;

(b) an order under section 27 of the 1973 Act; or

no warrant of control may be issued to enforce payment of any sum due under those orders, except with the permission of the court.

Section 103 County Courts Act 1984

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 5 — COURT'S POWER TO APPOINT A RECEIVER

Application of the CPR

33

Part 69 of the CPR applies to proceedings under this Part.

CHAPTER 6 — ORDERS TO OBTAIN INFORMATION FROM JUDGMENT DEBTORS

Application of the CPR

33

(1) Part 71 of the CPR applies to proceedings under this Part with the following modifications.

(2) In rule 71.2(2), for paragraph (b) substitute—

(b) must be— (i) issued in the High Court if the High Court made the judgment or order which it is sought to enforce; or (ii) made to the Designated Family Court for the Designated Family Judge area within which the judgment or order was made, except that if the proceedings have since been transferred to a different court or Designated Family Judge area, it must be issued in that court or made to that area.

CHAPTER 7 — THIRD PARTY DEBT ORDERS

Application of the CPR

33

(1) Part 72 of the CPR applies to proceedings under this Part with the following modifications.

(1A) In rule 72.3, for paragraph (1)(b) there is substituted—

(b) must be issued in the court which made the judgment or order which it is sought to enforce, or made to the Designated Family Judge area within which that judgment or order was made, except that if the proceedings have since been transferred to a different court or Designated Family Judge area, it must be issued in that court or made to that area.

(2) In rule 72.4—

(a) in paragraph (1), for “a judge” there is substituted “ the court ”; and

(b) in paragraph (2), for “judge” there is substituted “ court ”.

(3) In rule 72.7—

(a) in paragraph (2)(a), after “the Royal Courts of Justice” there is inserted “or the principal registry”; and

(b) in paragraph (2)(b), for “in County Court proceedings, to any County Court hearing centre” there is substituted “in family court proceedings, to any Designated Family Judge area”.

(4) Rule 72.10 is omitted.

CHAPTER 8 — CHARGING ORDER, STOP ORDER, STOP NOTICE

Application for a charging order, stop order or stop notice

33

Part 40 applies for the enforcement of a judgment or order made in family proceedings by way of a charging order, stop order or stop notice.

PART 34 — RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS

Scope and interpretation of this Part

34

(1) This Part contains rules about the reciprocal enforcement of maintenance orders.

(2) In this Part—

“the 1920 Act” means the Maintenance Orders (Facilities for Enforcement) Act 1920;

“the 1972 Act” means the Maintenance Orders (Reciprocal Enforcement) Act 1972;

(3) Chapter 1 of this Part relates to the enforcement of maintenance orders in accordance with the 1920 Act.

(4) Chapter 2 of this Part relates to the enforcement of maintenance orders in accordance with Parts 1 and 2 of the 1972 Act.

(5) Chapter 3 of this Part relates to the enforcement of maintenance orders in accordance with—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) the 2007 Hague Convention.

Meaning of prescribed officer in the family court

34

(1) For the purposes of the 1920 Act, the prescribed officer in relation to the family court is the court officer.

(2) For the purposes of Part 1 of the 1972 Act ..., the prescribed officer in relation to the family court is the court officer.

(3) For the purposes of an application under ... Article 23(2) or (3) of the 2007 Hague Convention for registration of a maintenance order, the prescribed officer in relation to the family court is the court officer.

Registration of maintenance orders in the family court

34

Where the family court is required by any of the enactments referred to in rule 34.1(2) or by virtue of ... the 2007 Hague Convention to register a foreign order the court officer must—

(a) enter ... a memorandum of the order in the register ...; and

(b) state on the memorandum the statutory provision or international instrument under which the order is registered.

CHAPTER 1 — ENFORCEMENT OF MAINTENANCE ORDERS UNDER THE MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) ACT 1920

Interpretation

34

(1) In this Chapter—

“payer”, in relation to a maintenance order, means the person liable to make the payments for which the order provides; and

“reciprocating country” means a country or territory to which the 1920 Act extends.

(2) In this Chapter, an expression defined in the 1920 Act has the meaning given to it in that Act.

Confirmation of provisional orders made in a reciprocating country

34

(1) This rule applies where, in accordance with section 4(1) of the 1920 Act , the court officer receives a provisional maintenance order.

(2) The court must fix the date, time and place for a hearing.

(3) The court officer must register the order in accordance with rule 34.3.

(4) The court officer must serve on the payer—

(a) certified copies of the provisional order and accompanying documents; and

(b) a notice—

(i) specifying the time and date fixed for the hearing; and

(ii) stating that the payer may attend to show cause why the order should not be confirmed.

(5) The court officer must inform—

(a) the court which made the provisional order; and

(b) the Lord Chancellor,

whether the court confirms, with or without modification, or decides not to confirm, the order.

Payment of sums due under registered orders

34

Where an order made by a reciprocating country is registered in the family court under section 1 of the 1920 Act, the court must order payments due to be made to the court ... .

(Practice Direction 34A contains further provisions relating to the payment of sums due under registered orders.)

Collection and enforcement of sums due under registered orders

34

(1) This rule applies to—

(a) an order made in a reciprocating county which is registered in the family court; and

(b) a provisional order made in a reciprocating country which has been confirmed by the family court,

where the court has ordered that payments due under the order be made to the court.

(2) The court officer must—

(a) collect the monies due under the order ...; and

(b) send the monies collected to—

(i) the court in the reciprocating country which made the order; or

(ii) such other person or authority as that court or the Lord Chancellor may from time to time direct.

(3) The court officer may take proceedings in that officer's own name for enforcing payment of monies due under the order.

(Rule 32.33 makes provision in relation to a court officer taking such proceedings.)

Prescribed notice for the taking of further evidence

34

(1) This rule applies where a court in a reciprocating country has sent a provisional order to the family court for the purpose of taking further evidence.

(2) The court officer must send a notice to the person who applied for the provisional order specifying—

(a) the further evidence required; and

(b) the time and place fixed for taking the evidence.

Transmission of maintenance orders made in a reciprocating country to the High Court

34

A maintenance order to be sent by the Lord Chancellor to the High Court in accordance with section 1(1) of the 1920 Act will be—

(a) sent to the senior district judge who will register it in the register kept for the purpose of the 1920 Act; and

(b) filed in the principal registry.

Transmission of maintenance orders made in the High Court to a reciprocating country

34

(1) This rule applies to maintenance orders made in the High Court.

(2) An application for a maintenance order to be sent to a reciprocating country under section 2 of the 1920 Act must be made in accordance with this rule.

(3) The application must be made to a district judge in the principal registry unless paragraph (4) applies.

(4) If the order was made in the course of proceedings in a district registry, the application may be made to a district judge in that district registry.

(5) The application must be—

(a) accompanied by a certified copy of the order; and

(b) supported by a record of the sworn written evidence.

(6) The written evidence must give—

(a) the applicant's reason for believing that the payer resides in the reciprocating country;

(b) such information as the applicant has as to the whereabouts of the payer; and

Inspection of the register in the High Court

34

(1) A person may inspect the register and request copies of a registered order and any document filed with it if the district judge is satisfied that that person is entitled to, or liable to make, payments under a maintenance order made in—

(a) the High Court; or

(b) a court in a reciprocating country.

(2) The right to inspect the register referred to in paragraph (1) may be exercised by—

(a) a solicitor acting on behalf of the person entitled to, or liable to make, the payments referred to in that paragraph; or

(b) with the permission of the district judge, any other person.

CHAPTER 2 — ENFORCEMENT OF MAINTENANCE ORDERS UNDER PART 1 OF THE 1972 ACT

Interpretation

34

(1) In this Chapter—

(a) “reciprocating country” means a country to which Part 1 of the 1972 Act extends; and

(b) ‘relevant court in the reciprocating country’ means, as the case may be—

(i) the court which made the order which has been sent to England and Wales for confirmation;

(ii) the court which made the order which has been registered in a court in England and Wales;

(iii) the court to which an order made in England and Wales has been sent for registration; or

(iv) the court to which a provisional order made in England and Wales has been sent for confirmation.

(2) In this Chapter, an expression defined in the 1972 Act has the meaning given to it in that Act.

(3) In this Chapter, “Hague Convention Countries” means the countries listed in Schedule 1 to the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993.

Scope

34

(1) Section 1 of this Chapter contains rules relating to the reciprocal enforcement of maintenance orders under Part 1 of the 1972 Act.

(2) Section 2 of this Chapter modifies the rules contained in Section 1 of this Chapter in their application to—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the Hague Convention Countries; and

(Practice Direction 34A sets out in full the rules for ... the Hague Convention Countries and the United States of America as modified by Section 2 of this Chapter.)

(3) Section 3 of this Chapter contains a rule in relation to notification of proceedings in a Hague Convention Country or the United States of America.

(4) Section 4 of this Chapter contains rules in relation to proceedings under Part 2 of the 1972 Act (reciprocal enforcement of claims for the recovery of maintenance).

SECTION 1 — Reciprocal enforcement of maintenance orders under Part 1 of the 1972 Act

Application for transmission of maintenance order to reciprocating country

34

An application for a maintenance order to be sent to a reciprocating country under section 2 of the 1972 Act must be made in accordance with Practice Direction 34A.

Certification of evidence given on provisional orders

34

A document setting out or summarising evidence is authenticated by a court in England and Wales by a certificate signed by the judge before whom that evidence was given.

(Section 3(5)(b), 5(4) and 9(5) of the 1972 Act require a document to be authenticated by the court.)

Confirmation of a provisional order made in a reciprocating country

34

(1) This rule applies to proceedings for the confirmation of a provisional order made in a reciprocating country , including proceedings in the family court for the confirmation of a provisional order made in a reciprocating country varying a maintenance order to which section 5(5) or 9(6) of the 1972 Act applies.

(2) Paragraph (3) applies on receipt by the court of—

(a) a certified copy of the order; and

(b) the documents required by the 1972 Act to accompany the order.

(3) On receipt of the documents referred to in paragraph (2)—

(a) the court must fix the date, time and place for a hearing or a directions appointment; and

(b) the court officer must send to the payer notice of the date, time and place fixed together with a copy of the order and accompanying documents.

(4) The date fixed for the hearing must be not less than 21 days beginning with the date on which the court officer sent the documents to the payer in accordance with paragraph (2).

(5) The court officer will send to the relevant court in the reciprocating country a certified copy of any order confirming or refusing to confirm the provisional order.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Section 5(5) and 7 of the 1972 Act provide for proceedings for the confirmation of a provisional order.) ...

Consideration of revocation of a provisional order made by the family court

34

(1) This rule applies where—

(a) the family court has made a provisional order by virtue of section 3 of the 1972 Act;

(b) before the order is confirmed, evidence is taken by the court or received by it as set out in section 5(9) of the 1972 Act; and

(Section 5(9) of the 1972 Act provides that the family court may revoke a provisional order made by it, before the order has been confirmed in a reciprocating country, if it receives new evidence.)

(2) The court officer must serve on the person who applied for the provisional order (“the applicant”) a notice which must—

(a) set out the evidence taken or received by the court;

(b) inform the applicant that the court considers that the order ought not to have been made; and

(i) make representations in relation to that evidence either orally or in writing; and

(ii) adduce further evidence.

(3) If an applicant wishes to adduce further evidence—

(a) the applicant must notify the court officer at the court which made the order;

(b) the court will fix a date for the hearing of the evidence; and

Notification of variation or revocation of a maintenance order by the High Court or the family court

34

(1) This rule applies where—

(a) a maintenance order has been sent to a reciprocating country in pursuance of section 2 of the 1972 Act; and

(b) the court makes an order, not being a provisional order, varying or revoking that order.

(2) The court officer must send a certified copy of the order of variation or revocation to the relevant court in the reciprocating country.

(Rule 34.22 provides for the transmission of documents to a court in a reciprocating country.)

Notification of confirmation , variation or revocation of a maintenance order by the family court

34

(1) This rule applies where the family court makes an order—

(a) not being a provisional order, revoking or varying a maintenance order to which section 5 of the 1972 Act applies;

(b) under section 9 of the 1972 Act, revoking or varying a registered order; or

(2) The court officer must send written notice of the making, variation, revocation or confirmation of the order, as appropriate, to the relevant court in the reciprocating country.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Section 5 of the 1972 Act applies to a provisional order made by the family court in accordance with section 3 of that Act which has been confirmed by a court in a reciprocating country.) ...

Taking of evidence for court in reciprocating country

34

(1) This rule applies where a request is made by or on behalf of a court in a reciprocating country for the taking of evidence for the purpose of proceedings relating to a maintenance order to which Part 1 of the 1972 Act applies. (Section 14 of the 1972 Act makes provision for the taking of evidence needed for the purpose of certain proceedings.)

(2) The High Court has power to take the evidence where—

(a) the request for evidence relates to a maintenance order made by a superior court in the United Kingdom; and

(b) the witness resides in England and Wales.

(3) The family court has power to take evidence where—

(a) the request for evidence relates to a maintenance order—

(i) made by the family court; or

(ii) registered in the family court; or

(b) the Lord Chancellor sends to the family court a request to take evidence.

(Practice Direction 34E makes further provision on this matter)

(6) The evidence is to be taken in accordance with Part 22.

Request for the taking of evidence by a court in a reciprocating country

34

(1) This rule applies where a request is made by the family court for the taking of evidence in a reciprocating country in accordance with section 14(5) of the 1972 Act.

(2) The request must be made in writing to the court in the reciprocating country.

(Rule 34.22 provides for the transmission of documents to a court in a reciprocating country.)

Transmission of documents

34

(1) This rule applies to any document, including a notice or request, which is required to be sent to a court in a reciprocating country by—

(a) Part 1 of the 1972 Act; or

(b) Section 1 of Chapter 2 of this Part of these rules.

(2) The document must be sent to the Lord Chancellor for transmission to the court in the reciprocating country.

Method of payment under registered orders

34

(1) Where an order is registered in the family court in accordance with section 6(3) of the 1972 Act, the court must order that the payment of sums due under the order be made—

(a) to the ... registering court; and

(b) at such time and place as the court officer directs.

(Section 6(3) of the 1972 Act makes provision for the registration of maintenance orders made in a reciprocating country.)

(2) Where the court orders payments to be made to the court, whether in accordance with paragraph (1) or otherwise, the court officer must send the payments—

(a) by post to either—

(i) the court which made the order; or

(ii) such other person or authority as that court, or the Lord Chancellor, directs; or

(b) if the court which made the order is a country or territory specified in the Practice Direction 34A—

(i) to the Crown Agents for Overseas Governments and Administrations for transmission to the person to whom they are due; or

(ii) as the Lord Chancellor directs.

Enforcement of payments under registered orders

34

(1) This rule applies where a court has ordered periodical payments under a registered maintenance order to be made to the court ... .

(2) The court officer must take reasonable steps to notify the payee of the means of enforcement available.

(3) Paragraph (4) applies where periodical payments due under a registered order are in arrears.

(4) The court officer, on that officer's own initiative—

(a) may; or

(b) if the sums due are more than 4 weeks in arrears, must,

proceed in that officer's own name for the recovery of the sums due unless of the view that it is unreasonable to do so.

Notification of registration and cancellation

34

(1) The court officer must send written notice to the Lord Chancellor of the due registration of orders registered in accordance with section 6(3), 7(5), or 10(4) of the 1972 Act.

(2) The court officer must, when registering an order in accordance with section 6(3), 7(5), 9(10), 10(4) or (5) or 23(3) of the 1972 Act , send written notice to the payer stating—

(a) that the order has been registered;

(b) that payments under the order should be made to the court officer; and

(3) The court officer must, when cancelling the registration of an order in accordance with section 10(1) of the 1972 Act, send written notice of the cancellation to the payer.

SECTION 2 — Modification of rules in Section 1 of this Chapter

Application of Section 1 of this Chapter to the Republic of Ireland

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of Section 1 of this Chapter to the Hague Convention Countries

34

(1) In relation to the Hague Convention Countries, Section 1 of this Chapter has effect as modified by this rule.

(2) A reference in this rule, and in any rule which has effect in relation to the Hague Convention Countries by virtue of this rule to—

(a) the 1972 Act is a reference to the 1972 Act as modified by Schedule 2 to the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993 ; and

(b) a section under the 1972 Act is a reference to the section so numbered in the 1972 Act as so modified.

(3) A reference to a reciprocating country in rule 34.12(1) and Section 1 of this Chapter is a reference to a Hague Convention Country.

(4) Rules 34.15 (certification of evidence given on provisional orders), 34.16 (confirmation of provisional orders), 34.19 (notification of confirmation , variation or revocation of a maintenance order by the family court) and 34.21 (request for the taking of evidence by a court in a reciprocating country) do not apply.

(5) For rule 34.17 (consideration of revocation of a provisional order made by the family court ) substitute—

(34) (1) This rule applies where— (a) an application has been made to the family court by a payee for the variation or revocation of an order to which section 5 of the 1972 Act applies; and (b) the payer resides in a Hague Convention Country. (2) The court officer must serve on the payee, by post, a copy of any representations or evidence adduced by or on behalf of the payer. (...)

(6) For rule 34.18 (notification of variation or revocation of a maintenance order by the High Court or the family court) substitute—

(34) (1) This rule applies if the High Court or the family court makes an order varying or revoking a maintenance order to which section 5 of the 1972 Act applies. (2) If the time for appealing has expired without an appeal having been entered, the court officer will send to the Lord Chancellor— (a) the documents required by section 5(8) of the 1972 Act; and (b) a certificate signed by a judge stating that the order of variation or revocation is enforceable and no longer subject to the ordinary forms of review. (3) A party who enters an appeal against the order of variation or revocation must, at the same time, give written notice to the court officer.

(7) For rule 34.23(2) (method of payment under registered orders) substitute—

(2) Where the court orders payment to be made to the court, the court officer must send the payments by post to the payee under the order.

(8) For rule 34.25 (notification of registration and cancellation) substitute—

(34) The court officer must send written notice to— (a) the Lord Chancellor, on the due registration of an order under section 10(4) of the 1972 Act; and (b) the payer under the order, on— (i) the registration of an order under section 10(4) of the 1972 Act; or (ii) the cancellation of the registration of an order under section 10(1) of the 1972 Act.

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