District Court (Maintenance) Rules 2021.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These rules may be cited as the District Court (Maintenance) Rules 2021.
(2) These rules shall come into operation on the 5th day of May 2021 and shall be read together with all other District Court Rules for the time being in force.
(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2021.
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paragraphs: The District Court Rules 1997 ( S.I. No. 93 of 1997 ) are amended:
(i) by the substitution for the title of Order 41B of the following title:
“SERVICE OF DOCUMENTS OUTSIDE THE STATE WITHOUT THE PERMISSION OF THE COURT
RECOGNITION AND ENFORCEMENT IN THE STATE OF CERTAIN JUDGMENTS GIVEN IN OTHER EU MEMBER STATES AND CERTAIN OTHER STATES
REGULATION (EC) NO 1215/2012 ON JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS (RECAST) (the “Jurisdiction Regulation”)
THE BRUSSELS CONVENTION OF THE EUROPEAN COMMUNITIES ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS, 1968 (the “Brussels Convention”)
THE LUGANO CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS BETWEEN MEMBER STATES OF THE EUROPEAN COMMUNITIES AND THE EUROPEAN FREE TRADE ASSOCIATION, 2007 (the “Lugano Convention”)
REGULATION (EC) 4/2009 OF 18 DECEMBER 2008 ON JURISDICTION, APPLICABLE LAW, RECOGNITION AND ENFORCEMENT OF DECISIONS AND COOPERATION IN MATTERS RELATING TO MAINTENANCE OBLIGATIONS (the “Maintenance Regulation”)
THE ROME CONVENTION BETWEEN THE MEMBER STATES OF THE EUROPEAN COMMUNITIES ON THE SIMPLIFICATION OF PROCEDURES FOR THE RECOVERY OF MAINTENANCE PAYMENTS (the “Rome Convention”) AND THE MAINTENANCE ACT 1994
THE NEW YORK CONVENTION ON THE RECOVERY ABROAD OF MAINTENANCE (the “New York Convention”) AND THE MAINTENANCE ACT 1994
THE HAGUE CONVENTION ON THE INTERNATIONAL RECOVERY OF CHILD SUPPORT AND OTHER FORMS OF FAMILY MAINTENANCE 2007 (the “Hague Maintenance Convention”)
THE HAGUE CONVENTION ON JURISDICTION, APPLICABLE LAW, RECOGNITION, ENFORCEMENT AND CO-OPERATION IN RESPECT OF PARENTAL RESPONSIBILITY AND MEASURES FOR THE PROTECTION OF CHILDREN 1996 (the “Hague Child Convention”)”;
(ii) by the insertion in sub-rule (2) of rule 1 of Order 41B, immediately following the definition of “2011 Regulations” of the following definition:
““2019 Regulations” means the European Union (Hague Maintenance Convention) Regulations 2019 ( S.I. No. 594 of 2019 )”;
(iii) by the substitution in sub-rule (2) of rule 1 of Order 41B for the definitions of “the terms “2007 Hague Protocol”, “decision”, “enforceable maintenance order”, “enforcement order”, “maintenance debtor” and “maintenance order”” and “maintenance creditor” of the following definitions:
“the terms “2007 Hague Protocol” and “enforcement order”, have the meanings assigned to them respectively in Regulation 2 of the 2011 Regulations;
“the terms “decision”, “enforceable maintenance order” and “maintenance debtor” each have the meaning assigned to them respectively in Regulation 2 of the 2011 Regulations or, as the context requires, Regulation 2 of the 2019 Regulations;
““Hague Maintenance Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance done at The Hague on 23 November 2007;
“maintenance creditor” includes any body which, under the law of a reciprocating jurisdiction, is entitled to exercise their rights of redress of, or to represent, the creditor, and references in these Rules to a maintenance creditor or to a claimant (as defined herein) must be construed as including references to the Central Authority under the Maintenance Regulation, the Central Authority under the 1994 Act and the Central Authority under the Hague Maintenance Convention;”
(iv) by the substitution for rule 22, the title preceding rule 23, and rule 23 of Order 41B, of the following rules and title:
“22 Provisions of Orders 54, 56 and 57 apply
22. (1) The provisions of Order 54, Order 56 and Order 57 (except rules 7 and 8 of that Order) apply and may be applied in respect of any decision recognised within the meaning of Article 17.1 of the Maintenance Regulation which is a maintenance order (by virtue of the 2011 Regulations) or, as the case may be, is deemed to be an antecedent order by virtue of Regulation 8(3) of the 2011 Regulations.
(2) Without prejudice to the generality of sub-rule (1), when:
(a) a District Court Clerk receives a request in writing from a maintenance creditor or from the Central Authority under the Maintenance Regulation in relation to any sum payable by virtue of any decision recognised within the meaning of Article 17.1 of the Maintenance Regulation which is a maintenance order (by virtue of the 2011 Regulations) or, as the case may be, is deemed to be an antecedent order by virtue of Regulation 8(3) of the 2011 Regulations, but not duly paid, the Clerk may proceed in accordance with the provisions of Order 56 (Attachment of Earnings) or rules 3 and 4 (but not rules 7 and 8) of Order 57 (Proceedings under section 8 of the Enforcement of Court Orders Act 1940 ), or
(b) it appears to a District Court Clerk that any sums payable to him or her under any decision recognised within the meaning of Article 17.1 of the Maintenance Regulation which is a maintenance order (by virtue of the 2011 Regulations) or, as the case may be, is deemed to be an antecedent order by virtue of Regulation 8(3) of the 2011 Regulations, for transmission to the maintenance creditor are in arrears and he or she has received no request in writing under section 9(2) of the Family Law (Maintenance of Spouses and Children) Act 1976 in relation thereto, such Clerk may in his or her discretion, having considered the extent of the arrears and any other relevant matter, notify the maintenance creditor of the means of enforcement available in respect of the order.
(3) The provisions of Order 56 and Order 57 apply and may be applied in respect of any enforceable maintenance order which the Court has jurisdiction to enforce by virtue of Regulation 14 of the 2019 Regulations.
(4) Without prejudice to the generality of sub-rule (3), when a District Court Clerk receives a request in writing from the Central Authority under the Hague Maintenance Convention in relation to any sum payable by virtue of any enforceable maintenance order which the Court has jurisdiction to enforce by virtue of Regulation 14 of the 2019 Regulations and which is deemed to be a maintenance order (by virtue of the 2019 Regulations), but not duly paid, the Clerk may proceed in accordance with the provisions of Order 56 (Attachment of Earnings) or rules 3 and 4 (but not rules 7 and 8) of Order 57 (Proceedings under section 8 of the Enforcement of Court Orders Act 1940 ).
5 — ENFORCEMENT OF MAINTENANCE ORDERS UNDER THE MAINTENANCE REGULATION, THE 2011 REGULATIONS AND THE 2019 REGULATIONS
23 Registration of orders
23. (1) Where a copy of a maintenance order or a copy of an order varying or revoking such an order, in respect of which an enforcement order has been made under the 2011 Regulations or a recognition order has been made under the 2019 Regulations, is received together with a copy of the relevant enforcement order or recognition order by a District Court Clerk from the Master of the High Court or the Central Authority, the Clerk must register particulars of each document received.