The Magistrates’ Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011

(10.18) (1) Where a power of arrest is attached to one or more of the provisions (“the relevant provisions”) of an occupation order, the relevant provisions must be set out in a separate form, which must not include any provisions of the order to which the power of arrest was not attached. (2) Where the court makes a non-molestation order or paragraph (1) applies, the following documents must be delivered to the officer for the time being in charge of any police station for the applicant’s address or of such other police station as the court may specify— (a) a copy of the non-molestation order or the form referred to in paragraph (1); and (b) a statement showing that the respondent has been served with the order or informed of its terms (whether by being present when the order was made or by telephone or otherwise). (3) The documents referred to in paragraphs (2)(a) and (b) must be delivered by— (a) the applicant, if the applicant is responsible for serving the order on the respondent in accordance with rule 10.6(1); or (b) the court officer, if the court is responsible for serving the order on the respondent in accordance with rule 10.6(2). (4) Where an order is made varying or discharging the relevant provisions of the occupation order or, as the case may be, any provisions of the non-molestation order, the court officer must— (a) immediately inform the officer who received a copy of any order or form under paragraph (2) and, if the applicant’s address has changed, the officer for the time being in charge of the police station for the new address; and (b) deliver a copy of the order to any officer so informed. (5) Any warrant for the arrest of the respondent issued on an application under section 47(8) of the 1996 Act must be delivered by the court officer to the officer for the time being in charge of any police station for the respondent’s address or of such other police station as the court may specify. (6) The court before which a person is brought following that person’s arrest may— (a) determine whether the facts, and the circumstances which led to the arrest, amounted to disobedience of the order; or (b) adjourn the proceedings and, where such an order is made, the arrested person may be released and— (i) unless the court directs otherwise, be dealt with within 14 days of the day on which the arrested person was arrested; and (ii) be given not less than 2 business days’ notice of the adjourned hearing. Nothing in this paragraph prevents the issue of a notice under paragraph (10) if the arrested person is not dealt with within the period mentioned in sub-paragraph (b)(i) above. (7) Paragraphs (8) to (15) apply for the enforcement of orders made on applications under Part 4 of the 1996 Act by committal order. (8) Subject to paragraphs (13) and (14), an order must not be enforced by committal order unless— (a) a copy of the occupation order or non-molestation order has been served personally on the respondent; and (b) where the order requires the respondent to do an act, the copy has been so served before the expiration of the time within which the respondent was required to do the act and was accompanied by a copy of any order, made between the date of the order and the date of service, fixing that time. (9) At the time when the order is drawn up, the court officer must— (a) where the order made is (or includes) a non-molestation order; and (b) where the order made is an occupation order and the court so directs, issue a copy of the order, indorsed with or incorporating a notice as to the consequences of disobedience, for service in accordance with paragraph (8). (10) If the respondent fails to obey the order, the court officer must, at the request of the applicant, issue a notice warning the respondent that an application will be made for the respondent to be committed and, subject to paragraph (14), the notice must be served on the respondent personally. (11) The request for issue of the notice under paragraph (10) must be treated as a complaint and must— (a) identify the provisions of the order or undertaking which it is alleged have been disobeyed or broken; (b) list the ways in which it is alleged that the order or undertaking has been disobeyed or broken; and (c) be supported by a statement which is signed and is declared to be true and which states the grounds on which the application is made, and, unless service is dispensed with under paragraph (14), a copy of the statement must be served with the notice. (12) If a committal order is made, it must include provision for the issue of a warrant of committal and, unless the court otherwise orders— (a) a copy of the order must be served personally on the person to be committed either before or at the time of the execution of the warrant; or (b) the order for the issue of the warrant may be served on the person to be committed at any time within 36 hours after the execution of the warrant. (13) An order requiring a person to abstain from doing an act may be enforced by committal order notwithstanding that a copy of the order has not been served personally if the court is satisfied that, pending such service, the respondent had notice thereof either by being— (a) present when the order was made; (b) notified of the terms of the order whether by telephone or otherwise. (14) The court may dispense with service of a copy of the order under paragraph (8) or a notice under paragraph (10) if the court thinks it just to do so. (15) Where service of a notice to show cause is dispensed with under paragraph (14) and a committal order is made, the court may of its own motion fix a date and time when the person to be committed is to be brought before the court. (16) Paragraphs (8) to (12), (14) and (15) apply to the enforcement of undertakings with the necessary modifications and as if— (a) for paragraph (8) there were substituted the following— (8) A copy of a form recording the undertaking must be delivered by the court officer to the party giving the undertaking— (a) by handing a copy of the document to that person before that person leaves the court building; or (b) where that person’s place of residence is known, by posting a copy to that person’s place of residence; or (c) through that person’s solicitor, and, where delivery cannot be effected in this way, the court officer must deliver a copy of the document to the party for whose benefit the undertaking is given and that party must serve it personally as soon as is practicable. (b) in paragraph (14), the words from “a copy” to “paragraph (8) or” were omitted. (17) Where a person in custody under a warrant or order desires to apply to the court for discharge, that person must make an application in writing attested by the governor of the prison showing that that person has purged or is desirous of purging his or her contempt and the court officer must, not less than one day before the application is heard, serve notice of it on the party (if any) at whose instance the warrant or order was issued. (18) The court by which an order of committal is made may by order direct that the execution of the order of committal be suspended for such period or on such terms or conditions as it may specify. (19) Where execution of an order of committal is suspended by an order under paragraph (18), the applicant for the order of committal must, unless the court otherwise directs, serve on the person against whom it was made a notice informing that person of the making and terms of the order under that paragraph. (20) The court may adjourn consideration of the penalty to be imposed for contempts found proved and such consideration may be restored if the respondent does not comply with any conditions specified by the court. (21) Where the court makes a hospital order or a guardianship order under the Mental Health Act 1983[^f00070], the court officer must— (a) send to the hospital any information which will be of assistance in dealing with the patient; and (b) inform the applicant when the respondent is being transferred to hospital. (22) Where a transfer direction given by the Secretary of State under section 48 of the Mental Health Act 1983[^f00071] is in force in respect of a person remanded in custody by the court, the court officer must notify— (a) the governor of the prison to which that person was remanded; and (b) the hospital where he is detained, of any committal hearing which that person is required to attend and the court officer must give notice in writing to the hospital where that person is detained of any further remand. (23) In paragraph (6) “arrest” means arrest under a power of arrest attached to an occupation order under section 47(2) or (3) of the 1996 Act or under a warrant of arrest issued on an application under section 47(8) of the 1996 Act. (10.19) (1) An application for bail made by a person arrested under a power of arrest attached to an occupation order or a warrant of arrest issued on an application under section 47(8) of the 1996 Act may be made either orally or in writing. (2) Where an application is made in writing, it must contain— (a) the full name of the person making the application; (b) the address of the place where the person making the application is detained at the time when the application is made; (c) the address where the person making the application would reside if that person were to be granted bail; (d) the amount of the recognizance in which that person would agree to be bound; and (e) the grounds on which the application is made and, where a previous application has been refused, full particulars of any change in circumstances which has occurred since that refusal. (3) An application made in writing must be signed by the person making the application or by a person duly authorised by that person or, where the person making the application is a minor or is for any reason incapable of acting, by a litigation friend or children’s guardian acting on that person’s behalf, and a copy must be served by the person making the application on the applicant for the order under Part 4 of the 1996 Act. (4) A bail notice must be given to the respondent where the respondent is remanded on bail. (10.20) Where the proceedings are treated by the court as family proceedings by virtue of section 65 of the 1980 Act, a single justice of the peace cannot perform the functions conferred on the court by rule 10.18(9)(b), (12) to (15) and (18) to (20). (10.21) A justices’ clerk cannot perform the functions conferred on the court by rules 10.18(6), 10.18(9)(b), (12) to (15) and (18) to (20).

PART 12 — AMENDMENTS

Amendment of the Magistrates’ Courts Rules 1981

81

• (1) The Magistrates’ Courts Rules 1981 are amended as provided in this rule.

• (2) For the heading to rule 3[^f00072], substitute “Provisions to which these Rules are subject”.

• (3) In rule 3—

• (a) for “and” substitute “,”; and

• (b) after “2010” insert “and the Magistrates’ Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011”.

• (4) After rule 59 insert—

(59A) (1) In this rule and in rule 59B— - “the Maintenance Regulation” means Council Regulation (EC) No 4/2009 of 18 December 2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark; - “decision” has the meaning given in Article 2 of that Regulation. (2) A complaint for the enforcement of a decision to which Section 1 of Chapter IV of the Maintenance Regulation applies (that is, a decision made in any other Member State of the European Union except Denmark) shall be heard by the court for the local justice area in which— (a) the person against whom enforcement is sought is resident, (b) that person has assets to which the Maintenance Orders Act 1958 applies, or (c) any other matter relating to enforcement arises. (3) Where— (a) the complainant is the person in whose favour the order was made or, if that person is a child, is the child or the person with whom the child has his or her home, (b) the complainant resides in a local justice area other than that in which the court acts, and (c) payment is directed to be made to the complainant, the complaint may be heard by the court for that local justice area. (4) Where an application for enforcement is made under Article 56 of the Maintenance Regulation on the form at Annex VI to that Regulation, the complaint may be made using that form. (59B) A complaint by a debtor under Article 21 of the Maintenance Regulation for the refusal or suspension of enforcement of a decision shall be heard by— (a) the court to which a complaint for enforcement of that decision has been made in accordance with rule 59A, or (b) where no such complaint has been made at the date at which the debtor makes a complaint under this rule, the court to which a complaint for enforcement would be required to be made under rule 59A.

PART 13 — MISCELLANEOUS

Revocations

82

The provisions in column 1 of the table in Schedule 5 are revoked to the extent specified in column 3 of the table.

Transitional provision

83

• (1) Rules 50 to 53, 69, 71, 74 to 76, 78 and 80 shall apply, so far as practicable, to proceedings to which those rules apply which have been started but have not been concluded by 18th June 2011.

• (2) Where, by reason of paragraph (1), rules 50 to 53, 69, 71, 74 to 76, 78 and 80 do not apply to particular proceedings which have been started but not concluded before 18th June 2011, the rules in force immediately before that day shall continue to apply to those proceedings.

SCHEDULE 1 — 1950 ACT: FORMS

SCHEDULE 2 — 1958 ACT: FORMS

SCHEDULE 3 — 1972 ACT: FORM

SCHEDULE 4 — 1972 ACT: RULES OF PROCEDURE

Interpretation

1

In this Schedule, and in any rule where this Schedule applies to proceedings pursuant to that rule, unless the context otherwise requires—

• “business day” means any day other than— a Saturday, Sunday, Christmas or Good Friday; or a day which is a bank holiday under the Banking and Financial Dealings Act 1971[^f00073], in England and Wales;

• “directions appointment” means a hearing for directions under paragraph 4;

• “file” means deposit with the designated officer for a magistrates’ court;

• “note” includes a record made by mechanical or electronic means;

• “permission” includes approval; and

• “proceedings” means proceedings to which this Schedule applies, as provided in rule 68.

Transfer of proceedings

2

• (1) Where—

• (a) any proceedings are relevant proceedings within the meaning of section 93 of the 1989 Act[^f00074], and

• (b) the justices’ clerk or the court receives a request in writing from the resident party that the proceedings be transferred to another magistrates’ court,

the designated officer or the court must issue a certificate in the appropriate form, granting or refusing the request in accordance with any Order made by the Lord Chancellor under Part 1 of Schedule 11 to the 1989 Act[^f00075].

• (2) Where a request is granted under paragraph (1), the designated officer must send a copy of the certificate to—

• (a) the resident party;

• (b) the Ministry of Justice; and

• (c) the magistrates’ court to which the proceedings are to be transferred.

• (3) Any consent given or refused by a justices’ clerk in accordance with any Order made by the Lord Chancellor under Part 1of Schedule 11 to the 1989 Act must be recorded in writing by the justices’ clerk at the time it is given or refused or as soon as practicable afterwards.

Service

3

• (1) Where service of a document is required by this Schedule or by a rule where this Schedule applies to proceedings pursuant to that rule, it may be effected, unless the contrary is indicated—

• (a) if the person to be served is not known by the person serving to be acting by a legal representative—

• (i) by delivering it to that person personally; or

• (ii) by delivering it at, or by sending it by first-class post to, that person’s residence or last known residence; or

• (b) if the person to be served is known by the person serving to be acting by a legal representative—

• (i) by delivering the document at, or sending it by first-class post to, the legal representative’s address for service;

• (ii) where the legal representative’s address for service includes a numbered box at a document exchange, by leaving the document at that document exchange or at a document exchange which transmits documents on every business day to that document exchange; or

• (iii) by sending a legible copy of the document by facsimile transmission to the legal representative’s office.

• (2) In this paragraph, “first-class post” means first-class post which has been pre-paid or in respect of which pre-payment is not required.

• (3) Unless the contrary is proved, a document will be deemed to have been served—

• (a) in the case of service by first-class post, on the second business day after posting, and

• (b) in the case of service in accordance with sub-paragraph (1)(b)(ii), on the second business day after the day on which it is left at the document exchange.

• (4) In any proceedings where this Schedule, or a rule where this Schedule applies, requires a document to be served, the court or the justices’ clerk may, without prejudice to any power under paragraph 4, direct that—

• (a) the requirement will not apply;

• (b) the time specified by the rules for complying with the requirement will be abridged to such extent as may be specified in the direction;

• (c) service is to be effected in such manner as may be specified in the direction.

Directions

4

• (1) The court or the justices’ clerk may give, vary or revoke directions for the conduct of the proceedings, including—

• (a) the timetable for the proceedings;

• (b) varying the time within which or by which an act is required by this Schedule, or by a rule where this Schedule applies to proceedings pursuant to that rule, to be done;

• (c) the service of documents; and

• (d) the submission of evidence.

• (2) Where the designated officer receives such an application or any document by which proceedings are commenced, the justices’ clerk must consider whether any directions need to be given under sub-paragraph (1).

• (3) Where the justices’ clerk or a single justice who is holding a directions appointment considers, for whatever reason, that it is inappropriate to give a direction on a particular matter, the matter must be referred to the court, which may give any appropriate direction.

• (4) Directions under sub-paragraph (1) may be given, varied or revoked—

• (a) of the justices’ clerk’s or the court’s own motion, having given the resident party an opportunity to attend and be heard or to make written representations; or

• (b) on the written request of either party, specifying the direction sought.

• (5) Where the designated officer receives a request under sub-paragraph (4)(b), the justices’ clerk must—

• (a) make the direction sought; or

• (b) fix a date for a hearing to consider the request.

Timing of proceedings

5

• (1) Any period of time fixed by this Schedule, or by a rule where this Schedule applies to proceedings pursuant to that rule, or by any order or direction, for doing any act is to be reckoned in accordance with this rule.

• (2) Where the period, being a period of seven days or fewer, would include a day which is not a business day, that day will be excluded.

• (3) Where the time fixed for filing a document with the designated officer expires on a day on which the office of the designated officer is closed, and for that reason the document cannot be filed on that day, the document will be filed on time if it is filed on the next day on which the office of the designated officer is open.

• (4) Where this Schedule, or a rule where this Schedule applies to proceedings pursuant to that rule, provides a period of time within which, or by which, a certain act is to be performed in the course of relevant proceedings, that period may not be extended otherwise than by a direction of the justices’ clerk or the court under paragraph 4(1) above.

• (5) Sub-paragraphs (6) and (7) apply at the—

• (a) transfer to a court of proceedings;

• (b) postponement or adjournment of any hearing or directions appointment in the course of relevant proceedings; or

• (c) conclusion of any such hearing or direction appointment other than one at which the proceedings are determined, or as soon as is practicable after that point.

• (6) The justices’ clerk must fix a date on which the proceedings will come before the justices’ clerk or the court again for such purposes as the justices’ clerk or the court directs, which date will, where sub-paragraph (5)(a) applies, be as soon as possible after the transfer.

• (7) The designated officer must give notice to the resident party of the date fixed in accordance with sub-paragraph (6).

Attendance at a directions appointment and a hearing

6

• (1) The resident party must attend a directions appointment of which that party has been given notice, unless the justices’ clerk or the court directs otherwise.

• (2) Where at the time and place appointed for a hearing or directions appointment the resident party does not appear, the justices’ clerk or the court must not proceed with the hearing or appointment unless—

• (a) the proceedings relate to an application filed by the resident party; or

• (b) the court is satisfied that the resident party has received reasonable notice of the hearing or appointment.

• (3) Where at the time and place appointed for a hearing or directions appointment the non-resident party does not appear, the court may proceed with the hearing or appointment where the proceedings relate to an order or application sent by the Lord Chancellor to the court under the 1972 Act.

• (4) Nothing in this Schedule is to be taken as preventing either party from appearing at any hearing or directions appointment.

Documentary evidence

7

• (1) A party must file, at or by such time as the justices’ clerk or the court directs or, in the absence of a direction, before the hearing or directions appointment—

• (a) written statements of the substance of the oral evidence which the party intends to adduce at a hearing or directions appointment, which must—

• (i) be dated;

• (ii) be signed by the person making the statement;

• (iii) contain a declaration that the maker of the statement believes it to be true and understands that it may be placed before the court; and

• (iv) show in the top right-hand corner of the first page—

• (aa) the initials and surname of the person making the statement;

• (bb) the number of the statement in relation to the maker;

• (cc) the date on which the statement was made; and

• (dd) the party on whose behalf it is filed; and

• (b) copies of any documents on which the party intends to rely at a hearing or a directions appointment.

• (2) Subject to any direction of the justices’ clerk or the court about the timing of statements under this paragraph, a party may file a statement which is supplementary to a statement filed under sub-paragraph (1).

• (3) Where a non-resident party files a statement or document under this paragraph, that party must also file a copy of it for service on the resident party and, on receipt of that copy, the designated officer must serve it on the resident party.

• (4) At a hearing or directions appointment a party may not without the permission of the justices’ clerk (in the case of a directions appointment) or the court—

• (a) adduce evidence; or

• (b) seek to rely on a document,

in respect of which the party has failed to comply with the requirements of sub-paragraph (1) and, where applicable, sub-paragraph (3).

Amendment

8

• (1) A party amending a document must file the amended document with the designated officer, and the amendments must be identified.

• (2) Paragraph 7(3) applies to an amended document filed under this paragraph.

Oral evidence

9

The justices’ clerk or the court must keep a note of the substance of any oral evidence given at a hearing or directions appointment.

Hearing

10

• (1) Before the hearing, the justice or justices who will be dealing with the case must read any documents which have been filed under paragraph 7 in respect of the hearing.

• (2) The justices’ clerk at a directions appointment, or the court at a hearing or directions appointment, may give directions as to the order of speeches and evidence.

• (3) After the final hearing, the court must make its decision as soon as is practicable.

• (4) Before the court makes an order or refuses an application, the justices’ clerk must record in writing—

• (a) the names of the justice or justices constituting the court by which the decision is made; and

• (b) in consultation with the justice or justices, the reasons for the court’s decision and any findings of fact.

• (5) As soon as is practicable after the court announces its decision, the justices’ clerk must make a record in writing of any order.

• (6) Sub-paragraph (7) applies where, under section 7(4) of the Domestic Proceedings and Magistrates’ Courts Act 1978, a court decides to treat an application under section 7 as if it were an application for an order under section 2 of that Act[^f00076].

• (7) The court must indicate orally which of grounds (a) and (b) in that subsection it considers applicable and a memorandum of that decision and the grounds for it must be entered in the register.

Confidentiality of documents

11

• (1) No document, other than a record of an order, held by the court and relating to any proceedings may be disclosed, other than to—

• (a) a party;

• (b) the legal representative of a party;

• (c) the Ministry of Justice; or

• (d) the Legal Services Commission,

without the permission of the justices’ clerk or the court.

SCHEDULE 5 — REVOCATIONS

(1) Statutory Instrument revoked	(2) Reference	(3) Extent of revocation
The Maintenance Orders Act 1950 (Summary Jurisdiction) Rules 1950	S.I. 1950/2035	The whole Rules.
The Magistrates’ Courts (Maintenance Orders Act 1958) Rules 1959	S.I. 1959/3	The whole Rules.
The Magistrates’ Courts (Attachment of Earnings) Rules 1971	S.I. 1971/809	Rule 3(1) to the extent that it relates to amendments to the Magistrates’ Courts (Maintenance Orders Act 1958) Rules 1959 and rule 3(2).
The Magistrates’ Courts (Reciprocal Enforcement of Maintenance Orders) Rules 1974	S.I. 1974/668	The whole Rules to the extent that they remain in force.
The Magistrates’ Courts (Reciprocal Enforcement of Maintenance Orders) (Republic of Ireland) Rules 1975	S.I. 1975/286	The whole Rules to the extent that they remain in force.
The Magistrates’ Courts (Recovery Abroad of Maintenance) Rules 1975	S.I. 1975/488	The whole Rules.
The Magistrates’ Courts (Maintenance Orders Act 1958) (Amendment) Rules 1977	S.I. 1977/1890	The whole Rules.
The Magistrates’ Courts (Recovery Abroad of Maintenance)(Amendment) Rules 1979	S.I. 1979/1561	The whole Rules.
The Magistrates’ Courts (Reciprocal Enforcement of Maintenance Orders) (Hague Convention Countries) Rules 1980	S.I. 1980/108	The whole Rules to the extent that they remain in force.
The Magistrates’ Courts (Recovery Abroad of Maintenance) (Amendment) Rules 1980	S.I. 1980/1584	The whole Rules
The Magistrates’ Courts (Maintenance Orders Act 1950) (Amendment) Rules 1980	S.I. 1980/1895	The whole Rules.
The Magistrates’ Courts (Maintenance Orders Act 1958) (Amendment) Rules 1980	S.I. 1980/1896	The whole Rules.
The Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) Rules 1986	S.I. 1986/1962	The whole Rules to the extent that they remain in force.
The Magistrates’ Courts (Family Law Act 1986) Rules 1988	S.I. 1988/329	The whole Rules.
The Magistrates’ Courts (Family Law Reform Act 1987) (Miscellaneous Amendments) Rules 1989	S.I. 1989/384	Rule 2 to the extent that it relates to amendments to the Magistrates’ Courts (Maintenance Orders Act 1985) Rules 1959. Paragraph 2 of the Schedule.
The Family Proceedings Courts (Children Act 1989) Rules 1991	S.I. 1991/1395	The whole Rules to the extent that they remain in force.
The Family Proceedings Courts (Matrimonial Proceedings etc) Rules 1991	S.I. 1991/1991	The whole Rules to the extent that they remain in force.
The Magistrates’ Courts (Maintenance Enforcement Act 1991) (Miscellaneous Amendments) Rules 1992	S.I. 1992/457	Rule 2 to the extent that it relates to the paragraphs of the Schedule set out below. Paragraphs 4, 5, 6, 7, 8, 9 of the Schedule.
The Magistrates’ Courts (Reciprocal Enforcement of Maintenance Orders) (Miscellaneous Amendments) Rules 1993	S.I. 1993/617	The whole Rules to the extent that they remain in force.
The Family Proceedings Courts (Children Act 1989) (Amendment) (No 2) Rules 1994	S.I. 1994/3156	The whole Rules to the extent that they remain in force.
The Magistrates’ Courts (Reciprocal Enforcement of Maintenance Orders) (United States of America) Rules 1995	S.I. 1995/2802	The whole of Rules to the extent that they remain in force,save that they are to continue in force to the extent required for the purposes of rule 4(2) of the Magistrates’ Courts (Reciprocal Enforcement of Maintenance Orders) (Miscellaneous Amendments) Rules 2007 (S.I. 2007/2267).
The Family Proceedings Courts (Matrimonial Proceedings etc) (Amendment) Rules 1997	S.I. 1997/1894	The whole Rules to the extent that they remain in force.
The Family Proceedings Courts (Children Act 1989) (Amendment) Rules 1997	S.I. 1997/1895	The whole Rules to the extent that they remain in force.
The Magistrates’ Courts (Reciprocal Enforcement of Maintenance Orders) (Hague Convention Countries) Rules 1999	S.I. 1999/2002	The whole Rules to the extent that they remain in force.
The Magistrates’ Courts (Civil Jurisdiction and Judgments Act 1982) (Amendment) Rules 2002	S.I. 2002/194	The whole Rules to the extent that they remain in force.
The Magistrates’ Courts (Miscellaneous Amendments) Rules 2005	S.I. 2005/2930	Rule 2(a), (d) and (e). In Schedule 1: paragraph 1, paragraphs 10 to 32 to the extent that they amend provisions of S.I. 1991/1991 which remain in force. paragraphs 33 to 51 to the extent that they amend provisions of S.I. 1991/1395 which remain in force.
The Family Proceedings Courts (Matrimonial Proceedings etc.) (Amendment) Rules 2007	S.I. 2007/1628	The whole Rules to the extent that they remain in force.
The Magistrates’ Courts (Reciprocal Enforcement of Maintenance Orders) (Miscellaneous Amendments) Rules 2007	S.I. 2007/2267	The whole Rules to the extent that they remain in force, except rules 1 and 4(2).
The Magistrates’ Courts (Enforcement of Children Act 1989 Contact Orders) Rules 2008	S.I. 2008/2859	The whole Rules.

Signed

Lord Judge, C.J.

I concur

Signed by authority of the Lord Chancellor

J Djanogly — Parliamentary Under Secretary of State — Ministry of Justice — 27th May 2011

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules consolidate various existing provisions in rules of court setting out the practice and procedure to be followed in magistrates’ courts in certain proceedings, and apply the Family Procedure Rules 2010 (“the FPR”) to certain other magistrates’ courts proceedings in the place of existing rules.

Part 2 makes general case management provision applicable to certain rules and also makes provision in respect of powers of the court which are exercisable by a single justice of the peace or by a justices’ clerk.

Part 3 makes provision in respect of the practice and procedure to be followed in proceedings for the registration and enforcement of a maintenance order under the Maintenance Orders Act 1950. Part 4 makes such provision in respect of the Maintenance Orders Act 1958.

Chapter 1 of Part 5 applies the FPR to proceedings for the variation of a maintenance order to which Part 1 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (“the 1972 Act”) applies. Chapter 2 of Part 5 makes provision in respect of applications under Part 2 of the 1972 Act.

Part 6 applies the FPR, with modifications, to an application for variation of a maintenance order under section 20 of the Domestic Proceedings and Magistrates’ Courts Act 1978 or Schedule 6 to the Civil Partnership Act 2004.

Part 7 applies the FPR, with modifications, to an application for the variation of a maintenance order to which the Civil Jurisdiction and Judgments Act 1982, the Lugano Convention, the 1988 Convention or the Maintenance Regulation applies.

Part 8 makes provision for the practice and procedure to be followed in certain applications to which the Family Law Act 1986 applies.

Part 9 applies the FPR, with modifications, to applications for the enforcement of contact orders under the Children Act 1989 (“the 1989 Act”) and to applications to vary contribution orders under the 1989 Act. Provision is also made in respect of the enforcement of residence orders and special guardianship orders made under the 1989 Act.

Part 10 sets out the practice and procedure to be followed where a magistrates’ court gives a direction under section 447 of the Education Act 1996 to a local authority to apply for an education supervision order under the 1989 Act.

Part 11 applies the FPR, with modifications, to applications to enforce orders made under Part 4 of the Family Law Act 1996 (occupation orders and non-molestation orders).

Part 12 amends the Magistrates’ Courts Rules 1981 (“the 1981 Rules”). Firstly, the 1981 Rules are made subject to these Rules. Secondly, the 1981 Rules are amended to reflect the application from 18 June 2011 of the Maintenance Regulation in relation to the enforcement of maintenance orders from the European Union.

Transitional provision and revocations are provided for in Part 13.

Footnotes

[^f00001]: 1980 c.43. Section 144 was amended by section 125(3) of and paragraph 25 of Schedule 18 to the Courts and Legal Services Act 1990 (c.41), section 78(2) of and paragraphs 26 and 29 of Schedule 11 to the Access to Justice Act 1999 (c.22), section 109(1) and (3) of and paragraph 245 of Schedule 8 and Schedule 10 to the Courts Act 2003 (c.39), and section 15(1) of and paragraphs 99 and 102 of Schedule 4 to the Constitutional Reform Act 2005 (c.4).

[^f00002]: 1950 c.37.

[^f00003]: 1958 c 39.

[^f00004]: 1972 c.18.

[^f00005]: 1986 c.55.

[^f00006]: 1989 c.41.

[^f00007]: 1996 c.27.

[^f00008]: S.I. 2010/2955.

[^f00009]: 2003 c.39.

[^f00010]: Section 27(1)(b) was amended by section 15(1) of and paragraphs 308 and 326(1) and (2) of Schedule 4 to the Constitutional Reform Act 2005.

[^f00011]: 1985 c.61.

[^f00012]: 2007 c. 29.

[^f00013]: S.I. 1981/552. Rule 66 was amended by S.I. 1983/523, 1988/2132, 1992/709 and 2072, 1993/1183, 2001/610, 2003/1236 and 2005/617.

[^f00014]: S.I. 2005/545; amended by S.I. 2011/633; there are other amending instruments but none is relevant.

[^f00015]: Section 16 was amended by section 95(1) of and paragraph 34 of Schedule 8 of the Social Work (Scotland) Act 1968 (c.49), sections 14 and 15(3) of and paragraph 4 of Schedule 5 to the Guardianship Act 1973 (c.29), section 54 of and paragraph 3 of Schedule 2 to the Matrimonial Causes Act 1973 (c.18), section 12 of and paragraph 1 of Schedule 1 to the Divorce (Scotland) Act 1976 (c.39), section 35(2) of and paragraph 13 of Schedule 7 to the Supplementary Benefits Act 1976 (c.71), section 3 of and Schedule 3 to the Administration of Justice Act 1977 (c.38), section 89(a) of and paragraph 13 of Schedule 2 to the Domestic Proceedings and Magistrates’ Courts Act 1978 (c.22), section 48(5) of and Schedule 4 to the Social Security and Housing Benefit Act 1982 (c.24), section 54 of and Schedule 14 to the Civil Jurisdiction and Judgments Act 1982 (c.27), section 46 of and paragraph 1 of Schedule 1 to the Matrimonial and Family Proceedings Act 1984 (c.42), section 28(1) of and Part 5 of Schedule 15 to the Family Law (Scotland) Act 1985 (c.37), section 86 of and paragraph 39 of Part 2 to Schedule 10 of the Social Security Act 1986 (c.50), section 33 of and Schedules 2, 3 and 4 to the Family Law Reform Act 1987 (c.42), section 116 of and paragraph 35 of Schedule 16 to the Courts and Legal Services Act 1990, section 4 of and paragraph 3(1) of Schedule 2 to the Social Security (Consequential Provisions) Act 1992 (c.6), section 66(1) of and paragraph 3(b) of Schedule 8 to the Family Law Act 1996, section 261(1) of and paragraph 18 of Schedule 27 to the Civil Partnership Act 2004 (c.33) and section 166 of and Part 5 of Schedule 15 to the Health and Social Care Act 2008 (c.14) and by S.I. 1977/2158, 1980/564, 1989/678, 1995/756.

[^f00016]: Section 17 was amended by section 109(1) of and paragraph 87 of Schedule 8 to the Courts Act 2003 and section 59(5) of and paragraph 19(1)(and (2) of Schedule 11 to the Constitutional Reform Act 2005.

[^f00017]: Section 22(1) was amended by section 89(2) of and paragraph 14 of Schedule 2 to the Domestic Proceedings and Magistrates’ Courts Act 1978.

[^f00018]: Section 23 was substituted by section 3 of and paragraph 8 of Schedule 3 to the Administration of Justice Act 1977.

[^f00019]: Section 24(2) was amended by section 3 of and paragraph 9 of Schedule 3 to the Administration of Justice Act 1977.

[^f00020]: Section 24(3)(a) was amended by section 3 of and paragraph 9 of Schedule 3 to the Administration of Justice Act 1977.

[^f00021]: Section 18(2ZA) was inserted by section 10 of and paragraph 3 of Schedule 1 to the Maintenance Enforcement Act 1991 (c.17) and amended by section 108(1) of and paragraph 88(1) and (2) of Schedule 8 to the Courts Act 2003.

[^f00022]: Section 22(1A) and(1E) were inserted by section 10 of and paragraph 5 of Schedule 1 to the Maintenance Enforcement Act 1991 and amended by section 106 of and Part 5 of Schedule 15 to the Access to Justice Act 1999 (c.22) and section 109(1) of and Schedule 8, paragraph 89(1) and (2) of the Courts Act 2003.

[^f00023]: Section 60(4) was amended by section 109(1) and (3) of and paragraphs 211(1) and (2) of Schedule 10 to the Courts Act 2003.

[^f00024]: Section 1(2) was substituted by section 3 of and paragraph 1 of Schedule 3 to the Administration of Justice Act 1977.

[^f00025]: Section 24(2) was amended by section 3 of and paragraph 9 of Schedule 3 to the Administration of Justice Act 1977.

[^f00026]: Section 24(3)(a) and (b) was amended by section 3 of and paragraph 9 of Schedule 3 to the Administration of Justice Act 1977. Section 24(3)(b) was amended by sections 15, 23 and 36 of and Part 3 of Schedule 10 to the Civil Jurisdiction and Judgments Act 1982.

[^f00027]: Section 24(5A) was inserted by section 10 of and paragraph 6 of Schedule 1 to the Maintenance Enforcement Act 1991(c.17) and amended by section 109(1) of and paragraph 90 of Schedule 8 to the Courts Act 2003.

[^f00028]: Section 21 was amended by section 33(4) of and Schedule 4 to the Family Law Reform Act 1987, section 76(2) and 106 of and paragraph 33 and Part 5 of Schedule 10 and Schedule 15 to the Access to Justice Act 1999, section 154 of and Schedule 7 to the Magistrates’ Courts Act 1980 and section 109(1) and (3) of and paragraph 104 of Schedules 8 and Schedule 10 to the Courts Act 2003.

[^f00029]: 1920 c.33.

[^f00030]: Section 2(3) was amended by section 37 and Part 2 of Schedule 11 to the Civil Jurisdiction and Judgments Act 1982.

[^f00031]: Section 2A was inserted by section 37 of and Part 2 of Schedule 11 to the Civil Jurisdiction and Judgments Act 1982.

[^f00032]: Section 5 was amended by section 3 of and paragraph 4(a) and (b) of Schedule 3 to the Administration of Justice Act 1977, section 10 of and paragraph 11 of Schedule 10 to the Maintenance Enforcement Act 1991, sections 97(1)(b) and 106 of and Part 5 of Schedule 15 to the Access to Justice Act 1999 and section 109(1) of and paragraphs 101(1) to (3) of Schedule 8 to the Courts Act 2003.

[^f00033]: Section 2(2)(b) was amended by section 109(1) of and paragraphs 98(1) and (2) of Schedule 8 to the Courts Act 2003.

[^f00034]: Section 2(6ZC) was inserted by section 10 of and paragraph 7 of Schedule 1 to the Maintenance Enforcement Act 1991 and amended by section 109(1) of and paragraphs 98(1) and (2) of Schedule 8 to the Courts Act 2003.

[^f00035]: Sections 2(6ZA), 3(2A) and (2B), 4(2A),(5A) and (5B) were inserted by section 10 of and paragraphs 7 to 9 of Schedule 1 to the Maintenance Enforcement Act 1991. Section 2(6ZA) was amended by section 109(1) of and paragraphs 98(1) and (5) of Schedule 8 to the Courts Act 2003. Section 4(5A) and (5B) were amended by section 261(c) of and paragraph 22(1) and (2) of Schedule 27 to the Civil Partnership Act 2004. Section 4(5B) was amended by section 109(1) of and paragraphs 100 (a) to (c) of Schedule 8 to the Courts Act 2003 and sections 106 and 90(1) of paragraphs 25, 28(1) and (4) of Schedule 13 and Part 5 of Schedule 15 to the Access to Justice Act 1999.

[^f00036]: Section 4(4) was amended by section 48(3) of the Administration of Justice Act 1970 (c.31).

[^f00037]: Section 5(4) was amended by sections 97(1)(b) and 106 of and Part 5 of Schedule 15 to the Access to Justice Act 1999.

[^f00038]: Section 5(3) was amended by section 3 of and paragraph 4(a) of Schedule 3 to the Administration of Justice Act 1977.

[^f00039]: Rule 41 was amended by S.I. 1989/384, 2001/610 and 2005/617.

[^f00040]: Section 18 was amended by section 154 of and paragraph 23 of Schedule 7 to the Magistrates’ Courts Act 1980 and section 109(1) of and paragraphs 102(1) to (3) of Schedule 8 to the Courts Act 2003.

[^f00041]: S.I. 1993/593. Relevant amending instruments are S.I. 1994/1902, 1999/1318, 2001/2567 and 2002/2838.

[^f00042]: Sections 5 and 9 are modified for specified purposes by S.I. 1993/593 and 594, 1995/2709 and 2007/2005.

[^f00043]: Section 27A was inserted by section 1(2) of and paragraph 13 of Part 2 of Schedule 1 to the Maintenance Orders (Reciprocal Enforcement) Act 1992 (c.56). Part 2 of the 1972 Act applies with modifications to the United States of America by virtue of S.I. 2007/2006.

[^f00044]: Section 27B was inserted by section 1(2) of and paragraph 13 of Part 2 of Schedule 1 to the Maintenance Orders (Reciprocal Enforcement) Act 1992 and was amended by S.I. 1995/756 and by section 109(1) of and paragraph 159 of Schedule 8 to the Courts Act 2003.

[^f00045]: Section 26(3A) was inserted, in respect of specified cases, by S.I. 2007/2006.

[^f00046]: S.I. 2007/2006.

[^f00047]: Section 27C was inserted by section 1(2) of and paragraph 13 of Part 2 of Schedule 1 to the Maintenance Orders (Reciprocal Enforcement) Act 1992 and was amended by section 109(1) of and paragraph 160(1) and (3) of Schedule 8 to the Courts Act 2003.

[^f00048]: Section 32(2) was amended by section 90(1) of and paragraphs 71 and 79(1) and (2) of Schedule 13 to the Access to Justice Act 1999.

[^f00049]: Section 33(3A) was inserted by section 10 of and paragraph 18 of Schedule 1 to the Maintenance Enforcement Act 1991. Section 34A was inserted by section 10 of and paragraph 19 of Schedule 1 to the Maintenance Enforcement Act 1991 and was amended by section 109(1) of and paragraph 163 of Schedule 8 and Schedule 10 to the Courts Act 2003.

[^f00050]: Section 59(6) was substituted by section 2 of the Maintenance Enforcement Act 1991.

[^f00051]: Section 34 was amended by sections 60(2) and 89 of the Domestic Proceedings and Magistrates’ Courts Act 1978, sections 45 and 46(4) of and paragraph 1(3) of Schedule 3 to the Legal Aid (Scotland) Act 1986 (c.47), section 10 of and paragraph 19 of Schedule 1 to the Maintenance Enforcement Act 1991, section 1(2) of and paragraph 15 of Part 2 of Schedule 1 to the Maintenance Orders (Reciprocal Enforcement) Act 1992, section 90(1) of and paragraphs 71 and 81 of Schedule 13 to the Access to Justice Act 1999, section 109(1) of and paragraph 162 of Schedule 8 to the Courts Act 2003 and by S.I. 1995/755.

[^f00052]: Section 35 was substituted by section 1(2) of and paragraph 16 of Part 2 of Schedule 1 to the Maintenance Orders (Reciprocal Enforcement) Act 1992 and amended by S.I. 1993/1576 (N.I. 6).

[^f00053]: Section 29 was amended by sections 9, 11 and 46(1) of and Schedule 1 to the Matrimonial and Family Proceedings Act 1984, section 33(4) of and Schedule 4 to the Family Law Reform Act 1987, section 108(5) and (7) of and paragraph 38 of Schedule 13 and Schedule 15 to the Children Act 1989, section 26 of and paragraph 4(1) and (3) of Schedule 3 to the Child Support, Pensions and Social Security Act 2000 (c.19) and by S.I. 1993/623.

[^f00054]: Section 6 was substituted by section 10 of the Matrimonial and Family Proceedings Act 1984 and amended by section 109(1) of and paragraph 191 of Schedule 8 to the Courts Act 2003. Section 7 was amended by section 46(1) of and paragraph 22 of Schedule 1 to the Matrimonial and Family Proceedings Act 1984.

[^f00055]: OJ No. L7, 10.1.2009 p.1-79.

[^f00056]: OJ No. L299 16.11.2005.

[^f00057]: Rule 9.22 was substituted by S.I. 2011/1328.

[^f00058]: S.I. 1991/1723; the relevant amending instrument is S.I. 2006/1456.

[^f00059]: Section 5(2) was amended by section 108(5) of and paragraph 62 of Schedule 13 to the Children Act 1989 and by S.I. 2001/310, 2005/265 and 2010/1898.

[^f00060]: Section 5(3) was amended by S.I. 2005/265.

[^f00061]: Section 27 was amended by section 108(5) of and paragraph 62 of Schedule 13 to the Children Act 1989.

[^f00062]: Section 33 was amended by section 108(5) of and paragraph 62 of Schedule 13 to the Children Act 1989, section 105(4) of and paragraph 41(7) of Schedule 4 to the Children (Scotland) Act 1995 (c.36) and section 261(1) of and paragraph 124 of Schedule 27 to the Civil Partnership Act 2004.

[^f00063]: Section 34 was amended by section 108(5) of and paragraphs 62 and 70 of Schedule 13 to the Children Act 1989 and by S.I. 1995/756.

[^f00064]: Sections 11J and 11O and paragraphs 4 to 7 and 9 of Schedule A1 were inserted by, respectively, section 4(1), 5 and 4(2) of and the Schedule to the Children and Adoption Act 2006 (c.20).

[^f00065]: 2006 c.20.

[^f00066]: Sections 11L and 11M were inserted by section 4(1) of the Children and Adoption Act 2006.

[^f00067]: Section 14A was inserted by section 115(1) of the Adoption and Children Act 2002 (c.38) and amended by section 38 of the Children and Young Persons Act 2008 (c.23).

[^f00068]: 1996 c.56. Section 447(2) and (3) was amended by S.I. 2010/1158.

[^f00069]: Part 4 was amended by sections 133 and 135 of and paragraph 34 of Schedule 11 to and Schedule 13 to the Land Registration Act 2002 (c.9), section 139(1) of and paragraphs 85 to 88 of Schedule 3 to the Adoption and Children Act 2002, sections 1 to 4 and 58 of and paragraphs 34 to 41 of Schedule 10 to the Domestic Violence, Crime and Victims Act 2004 (c.28), section 82 of and paragraphs 1 to 14 of Part 1 of Schedule 9 to the Civil Partnership Act 2004, section 15(1) of and paragraphs 252 to 254 of Part 1 of Schedule 4 to the Constitutional Reform Act 2005, section 1(4) of and paragraph 20 of Part 2 of Schedule 1 to the Mental Health Act 2007 (c.12), section 3(1) of and paragraph 3 of Part 1 of Schedule 2 to the Forced Marriage (Civil Protection) Act 2007 (c.20), section 56 of and paragraph 37 of Part 1 of Schedule 6 to the Human Fertilisation and Embryology Act 2008 (c.22) and by S.I. 1994/74 and 2009/871.

[^f00070]: 1983 c.20.

[^f00071]: Section 48 was amended by sections 74 and 75 of and Schedules 7 and 8 to the Criminal Justice and Court Services Act 2000 (c.43), the Statute Law (Repeals) Act 2004 (c.14), section 62 of the Nationality, Immigration and Asylum Act 2002 (c.41) and sections 1(4), 5(1) and (3) and paragraphs 1 and 11 of Part 1 of Schedule 1 to the Mental Health Act 2007.

[^f00072]: Rule 3 was substituted by S.I. 1991/1991 and amended by S.I. 2011/1045.

[^f00073]: 1971 c.80.

[^f00074]: Section 93 was amended by section 116 of and paragraph 22 of Schedule 16 to the Courts and Legal Services Act 1990 and section 122(2) of the Adoption and Children Act 2002.

[^f00075]: Part 1 of Schedule 11 was amended by section 45 of the Child Support Act 1991 (c.48), sections 83(5) and 85 of and paragraph 10 of Schedule 8 to Part 9 of Schedule 9 to the Child Support, Pensions and Social Security Act 2000, section 139(1) of and paragraphs 54 and 75 of Schedule 3 to the Adoption and Children Act 2002 and section 15(1) of and paragraphs 203 and 210 of Part 1 of Schedule 4 to the Constitutional Reform Act 2005.

[^f00076]: Section 2 was amended by S.I. 1992/709 and by sections 15(1) and 146 of and paragraph 96 of Schedule 4 and Part 2 of Schedule 18 to the Constitutional Reform Act 2005.