MAGISTRATES' COURTS PART I PROCEDURE UNDER PART I OF THE ACT Applications for registration under section 2 (3) of the Act 1 An application for the registration in the High Court of a magistrates' court order need not be in writing or on oath. Manner in which magistrates' court is to be satisfied as to various matters 2 1 On an application for the registration in the High Court of a magistrates' court order, the court shall be satisfied in the manner provided by paragraph (4) of this Rule as to the amount due and unpaid under the order at the time the application was made. 2 Where such an application as aforesaid is granted, the court shall be satisfied in the manner provided by paragraph (4) of this Rule that no process for the enforcement of the order issued before the grant of the application remains in force. 3 Where the court receives a notice given under section five of the Act (which relates to the cancellation of registration), the court shall be satisfied in the manner provided by paragraph (4) of this Rule that no process for the enforcement of the order issued before the giving of the notice remains in force and that no proceedings for the variation of the order are pending in a magistrates' court. 4 For the purpose of satisfying the court as to the matters referred to in this Rule— a if the person through or to whom payments are ordered to be made is the clerk of a magistrates' court, there shall be produced a certificate in that behalf purporting to be signed by the clerk in the form numbered 1, 2 or 3, as the case may be, in the Schedule to these Rules; b in any other case, there shall be produced a document purporting to be a statutory declaration in that behalf in the form numbered 4, 5 or 6, as the case may be, in the Schedule to these Rules. Copy of magistrates' court order sent to the High Court for registration 3 Where an application for the registration of a magistrates' court order is granted and the court is satisfied that no process issued for the enforcement of the order before the grant of the application remains in force, the court shall, in accordance with paragraph (c) of subsection (4) of section two of the Act, cause the clerk to send a copy of the order, certified to be a true copy thereof in the form numbered 7 in the Schedule to these Rules— a in the case of an order made under the Guardianship of Infants Act, 1925, to the Senior Master of the High Court (Queen's Bench Division); b in the case of an order made under the Affiliation Proceedings Act, 1957, under section forty-three or forty-four of the National Assistance Act, 1948, under section twenty-six of the Children Act, 1948, or under section eighty-seven of the Children and Young Persons Act, 1933, to the Senior Master of the High Court (Queen's Bench Division) or to such district registrar as may be specified by the applicant; c in any other case, to the Senior Registrar of the Principal Probate Registry of the High Court or to such district registrar of a Registry in which proceedings can be taken under the Matrimonial Causes Rules, 1957, as may be specified by the applicant. Registration of High Court or county court order in a magistrates' court 4 Where a clerk of a magistrates' court in accordance with paragraph (b) of subsection (2) of section two of the Act receives from an officer of the High Court or the registrar of a county court a certified copy of a High Court or county court order, he shall cause the order to be registered in his court by means of a memorandum entered and signed by him in the register and shall send written notice to that officer of the High Court or the registrar of the county court, as the case may be, that it has been duly registered. Notices as respects payments through a clerk of a magistrates' court 5 1 A notice under subsection (4) of section nineteen of the Maintenance Orders Act, 1950, as applied by subsection (6) of section two of the Act, that the payments under a High Court or county court order have, on its registration in a magistrates' court, become payable through the clerk of a magistrates' court shall be given by the clerk of the court of registration in the form numbered 8 in the Schedule to these Rules. 2 A notice under the said subsection (4), as so applied, that the payments under a magistrates' court order have, on its registration in the High Court, ceased to be payable to a clerk to a magistrates' court shall be given by the clerk of the original court and shall be in the form numbered 9 in the Schedule to these Rules and, where payments have been payable through a clerk other than the clerk of the original court, he shall send a copy of the said notice to that other clerk. 3 A notice under subsection (5) of section five of the Act that the registration in a magistrates' court of a High Court or county court order has been cancelled and that payments thereunder have ceased to be payable through a clerk of a magistrates' court shall be given by the clerk of the court of registration and shall be in the form numbered 10 in the Schedule to these Rules and, where payments have been payable through a clerk other than the clerk of the court of registration, he shall send a copy of the said notice to that other clerk. 4 A notice given in accordance with the preceding provisions of this Rule shall be delivered to the person liable to make payments under the order to which the notice relates or sent by post to that person at his last known address. Remission to the original court of application for variation of registered maintenance order 6 An order under subsection (4) of section four of the Act remitting an application for the variation of a High Court or county court order registered in a magistrates' court to the original court shall be in the form numbered 11 in the Schedule to these Rules. Notice of variation, remission, discharge or cancellation of registration by a magistrates' court of a registered order 7 1 Where a High Court or county court order registered in a magistrates' court is, under subsection (2) of section four of the Act, varied by a magistrates' court, the clerk of the last-mentioned court shall give notice of the variation to the High Court or county court, as the case may be. 2 Where an application for the variation of a High Court or county court order registered in a magistrates' court is, under subsection (4) of section four of the Act, remitted to the original court by a magistrates' court, the clerk of the last-mentioned court shall give notice of the remission to the High Court or county court, as the case may be. 3 Where the registration of a High Court or county court order in a magistrates' court is, under subsection (4) of section five of the Act, cancelled by the court of registration, the clerk of the last-mentioned court shall give notice of cancellation to the High Court or county court, as the case may be, stating, if such be the case, that the cancellation is in consequence of a notice given under subsection (1) of the said section five. 4 Where a magistrates' court order registered in the High Court is varied or discharged by a magistrates' court, the clerk of the last-mentioned court shall give notice of the variation or discharge, as the case may be, to the High Court. 5 Notice under the preceding provisions of this Rule shall be given by sending to the appropriate officer of the High Court or the registrar of the county court, as the case may be, a copy of the order of variation, remission, cancellation or discharge, as the case may be, certified to be a true copy thereof by the clerk of the magistrates' court and marked, in the case of a High Court maintenance order, with the title and cause number, if any, and in the case of a county court maintenance order, with the plaint or application number. 6 For the purposes of the preceding paragraph the appropriate officer of the High Court shall be— a in relation to a High Court order registered in a magistrates' court, the officer to whom notice of registration was given under Rule 4 of these Rules; b in relation to a magistrates' court order registered in the High Court, the officer to whom a copy of the order was sent under Rule 3 of these Rules. 7 Where a magistrates' court order registered in the High Court is discharged by a magistrates' court and it appears to the last-mentioned court that no arrears remain to be recovered, notice under subsection (3) of section five of the Act shall be given by an endorsement in the form numbered 12 in the Schedule to these Rules on the certified copy of the order of discharge referred to in paragraph (5) of this Rule. Notices received from the High Court or a county court or from a person entitled to payments 8 Where any notice is received— a of the registration in the High Court of a magistrates' court order; b of the discharge or variation by the High Court or a county court of a High Court or county court order registered in a magistrates' court; c under subsection (1) or (2) of section five of the Act (which relates to the cancellation of registration); the clerk of the magistrates' court shall cause particulars of the notice to be registered in his court by means of a memorandum entered and signed by him in the register and, in the case of a notice under subsection (1) or (2) of section five of the Act, shall cause the person in possession of any warrant of commitment, issued but not executed, for the enforcement of the order to be informed of the giving of the notice. Jurisdiction as respects complaints for variation of High Court maintenance orders 9 Rule 34 of the Magistrates' Courts Rules, 1952, (which relates to jurisdiction to hear certain complaints), shall apply to a complaint for the variation of a High Court order registered in a magistrates' court as if the order were an affiliation order made by the court of registration and as if in paragraph (4) of the said Rule for the words “shall cause” there were substituted the words “may cause” . PART II PROCEDURE UNDER PART II OF THE ACT Attachment of earnings order 10 An attachment of earnings order shall be in the form numbered 13 in the Schedule to these Rules. Orders and notices to be served on and given to employer 11 1 Where a magistrates' court makes an attachment of earnings order or an order varying or discharging such an order, the clerk of the court shall cause a copy of the order to be served on the person to whom the order is directed and shall send a copy of the order to the defendant. 2 Where an attachment of earnings order made by a magistrates' court ceases to have effect as provided in subsection (2) of section nine of the Act, the clerk of the administering court shall give notice in writing of the cessation to the person to whom the attachment of earnings order was directed. Particulars of defendant 12 The particulars of the defendant for the purposes of enabling him to be identified which, so far as they are known, are to be included in an attachment of earnings order under subsection (3) of section six of the Act and which the defendant may be ordered to give to the court under subsection (1) of section eleven of the Act shall be— a full name and address; b age; c national insurance number; d place of work; e nature of work and works number, if any. Defendant not employed by person to whom attachment of earnings order directed 13 A person to whom an attachment of earnings order is directed who, at the time when a copy of the order is served on him or at any time thereafter, has on no occasion during the period of four weeks immediately preceding that time been the defendant's employer shall forthwith, under subsection (4) of section ten of the Act, give notice to the court which made the order in the form numbered 14 in the Schedule to these Rules. Notice of application for appropriate variation order 14 The clerk of a magistrates' court, by which an application under subsection (5) of section nine of the Act for the appropriate variation of an attachment of earnings order is to be heard, shall give notice in writing of the time and place appointed for the hearing of the application to such person entitled to receive payment under the related maintenance order as is specified by the attachment of earnings order. Jurisdiction as respects complaints for the discharge and variation of attachment of earnings orders 15 1 This Rule shall apply to a complaint for the discharge or variation of an attachment of earnings order except where the related maintenance order— a is an affiliation order and jurisdiction is confined by paragraph (a) of subsection (2) of section eighty-eight of the Children and Young Persons Act, 1933, to courts having jurisdiction in the place where the person liable thereunder is residing; b is an order made under section eighty-seven of the Children and Young Persons Act, 1933; c is an order made under section forty-three of the National Assistance Act, 1948. 2 Where a complaint is made to a justice of the peace acting for the same petty sessions area as the court which made the attachment of earnings order and it appears to him that— a the person in whose favour the attachment of earnings order was made, or b the person liable to make payments under the related maintenance order, is for the time being in some petty sessions area other than that for which the justice is acting, or that the complainant is the clerk of a magistrates' court acting for such other area, then, if it appears to the justice that the complaint may be more conveniently dealt with by a magistrates' court acting for that other area, he may cause the clerk of the court to send the complaint by post to the clerk of the other court and for that purpose shall write down the complaint if this has not already been done. 3 On receipt by the clerk of a magistrates' court of a complaint under the preceding paragraph, he shall bring the complaint before the court and the court shall issue a summons requiring the person appropriate under subsection (4) of section twenty of the Act to appear before it, and shall hear and determine the complaint. Complaints for variation or discharge of attachment of earnings orders against persons outside United Kingdom 16 1 Where a complaint for the variation or discharge of an attachment of earnings order is made against a person who resides outside the United Kingdom and that person does not appear at the time and place appointed for the hearing of the complaint, then, subject to paragraph (2) of this Rule, the court may, if it thinks it reasonable in all the circumstances to do so, proceed to hear and determine the complaint in accordance with subsection (3) of section twenty of the Act if it is proved to the satisfaction of the court that the complainant has taken any of the following steps to give the person against whom the complaint is made notice of the complaint and of the time and place appointed for the hearing thereof, that is to say— a has caused written notice of the matters aforesaid to be delivered to the said person; b has caused written notice of the matters aforesaid to be sent by post addressed to the said person at his last known or usual place of abode or at his place of business or at such other address at which there is ground for believing that it will reach him; or c has caused notice of the matters aforesaid to be inserted in one or more newspapers on one or more occasions. 2 Where it is proposed to take any such steps as are mentioned in sub-paragraph (b) or (c) of the preceding paragraph, the complainant shall apply for directions to a justice of the peace acting for the same petty sessions area as that of the court by which the complaint is to be heard, and the taking of such steps shall be effective for the purposes of this Rule only if they were taken in accordance with the directions given by the said justice. 3 Paragraph (1) of Rule 55 of the Magistrates' Courts Rules, 1952, shall apply for the purpose of proving the delivery of a written notice in pursuance of sub-paragraph (a) of paragraph (1) of this Rule as it applies for the purpose of proving the service of a summons. In relation to a solemn declaration made outside the United Kingdom, paragraph (1) of the said Rule 55, as applied by this paragraph, shall have effect as if for the reference to the authorities mentioned in the said paragraph (1) there were substituted a reference to a consular officer of Her Majesty's Government in the United Kingdom or any person for the time being authorised by law, in the place where the declarant is, to administer an oath for any judicial or other legal purpose. 4 Paragraph (2) of the said Rule 55 shall apply for the purpose of proving the sending of a written notice in pursuance of sub-paragraph (b) of paragraph (1) of this Rule, or the insertion of a notice in a newspaper in pursuance of sub-paragraph (c) thereof, as it applies for the purpose of proving the service of any process, provided, as respects the insertion of a notice in a newspaper, that a copy of the newspaper containing the notice is annexed to the certificate. Applications under section twelve of the Act 17 1 An application under section twelve of the Act, for a determination whether payments of a particular class or description are earnings for the purposes of an attachment of earnings order, shall be in writing and may be made by the applicant in person, by his solicitor or by such other person as may be authorised by him in that behalf. 2 The parties to proceedings in pursuance of such an application as aforesaid shall be the person to whom the attachment of earnings order is directed, the person in whose favour the order is made and the person liable to make payments under the related maintenance order. 3 Where such an application as aforesaid is made to a court and a justice of the peace acting for the same petty sessions area as the court determines that the application could more conveniently be dealt with by a magistrates' court acting for some other petty sessions area being an area where one of the parties is for the time being or an area where the person to whom the attachment of earnings order is directed trades or conducts business, he may cause the clerk of the court to send by post to the clerk of that other court the application together with the name and other particulars of each of the parties, and the clerk of that other court shall bring the application before that court. 4 The clerk of the court by which such an application as aforesaid is to be heard— a shall serve written notice on the parties to the proceedings of the time and place appointed for the hearing of the application; and b shall, when the hearing is concluded, give written notice to the parties to the proceedings, of the determination of the court. 5 A court may, if the applicant does not appear, dismiss such an application as aforesaid and shall not begin to hear such an application in the absence of any of the other parties to the proceedings unless it is proved to the satisfaction of the court, on oath or in the manner prescribed by Rule 55 of the Magistrates' Courts Rules, 1952, that the provisions of sub-paragraph (a) of the preceding paragraph of this Rule have been complied with. Method of making payment under attachment of earnings order 18 1 A clerk of a magistrates' court to whom any payment under an attachment of earnings order is to be made shall notify the person to whom the order is directed and such person entitled to receive payments under the related maintenance order as is specified by the attachment of earnings order of the hours during which, and the place at which, payments are, subject to the provisions of this Rule, to be made and received. 2 If an employer makes any payment under an attachment of earnings order to a clerk of a magistrates' court by post, he shall do so at his own risk and expense. 3 A clerk of a magistrates' court may send by post any payment under an attachment of earnings order to such person entitled thereto as is specified by the attachment of earnings order at the request and at the risk and expense of that person. Payments under attachment of earnings order after imprisonment imposed 19 1 Where imprisonment or other detention has been imposed for the purpose of enforcing a maintenance order, the clerk of a magistrates' court to whom any payment under a related attachment of earnings order is to be made— a in relation to such a payment shall be a person authorised to receive the said payment for the purposes of subsection (2) of section sixty-seven of the Magistrates' Courts Act, 1952 (which relates to release from custody and reduction of detention on payment); b on receiving such a payment shall notify the person authorised for the purposes aforesaid by paragraph (1) of Rule 45 of the Magistrates' Courts Rules, 1952, of the sum received. 2 Where a person receives notice of the receipt of a sum under the preceding paragraph of this Rule, he shall note the receipt of that sum on the warrant of commitment, if any, held by him. Service of orders and notices 20 Where under section eleven of the Act (which relates to statements of earnings, etc. ) an order is directed to the defendant or to a person appearing to be an employer of the defendant or where under this Part of these Rules a copy of an order is to be served or a notice is to be given to any person— a service may be effected on, or notice may be given to, a person other than a corporation by delivering it to the person to whom it is directed or by sending it by post in a letter addressed to him at his last known or usual place of abode or, in the case of a person appearing to be an employer of the defendant or of a person to whom the related attachment of earnings order is directed, at his place of business; b service may be effected on, or notice given to, a corporation by delivering the document at, or sending it to— i such office or place as the corporation may, for the purpose of this Rule, have specified in writing to the court which made the order or the related attachment of earnings order in relation to the defendant or to the class or description of persons to which he belongs, or ii the registered office of the corporation if that office is in England and Wales or, if there is no registered office in England and Wales, any place therein where the corporation trades or conducts its business. PART III MISCELLANEOUS AND SUPPLEMENTAL Administering court to be informed of proceedings in foreign court 21 Where any decision is reached, or warrant of distress or commitment is issued, in pursuance of a complaint or application relating to a maintenance order or the enforcement of a maintenance order (including an application under section twelve of the Act, which relates to the determination whether payments are earnings), being a complaint or application heard by a magistrates' court other than the administering court— a the clerk of the first-mentioned court shall forthwith send by post to the clerk of the administering court an extract from the register containing a minute or memorandum of the decision or of the issue of the warrant as the case may be; b on receipt of the extract the last-mentioned clerk shall enter the minute or memorandum in his register. Review of committals, etc 22 1 Where for the purpose of enforcing a maintenance order a magistrates' court has exercised its power under subsection (2) of section sixty-five of the Magistrates' Courts Act, 1952, or subsection (3) or (5) of section eighteen of the Act to postpone the issue of a warrant of commitment and under the terms of the postponement the warrant falls to be issued, the clerk of the court shall give notice to the defendant in the form numbered 15 in the Schedule to these Rules and shall attach to the said notice a copy of the form numbered 16 in the said Schedule. 2 An application under subsection (1) of the said section eighteen requesting that the warrant shall not be issued shall be in the form numbered 16 in the Schedule to these Rules and shall be delivered to the clerk of the court or sent to him by post. 3 For the purposes of subsection (2) of the said section eighteen the period for the receipt by the clerk of an application under subsection (1) of the said section shall be the period of eight days beginning with the day on which the clerk sends to the defendant the notice referred to in paragraph (1) of this Rule. 4 An application under subsection (4) of the said section eighteen requesting that a warrant of commitment which has been executed shall be cancelled shall be in the form numbered 17 in the Schedule to these Rules. 5 Where an application by a defendant under subsection (1) or (4) of the said section eighteen is considered by the court the clerk of the court shall give notice of the decision of the court, if the person in question is not present— a to the person in whose favour the maintenance order in question was made; and b except where an application under subsection (1) of the said section eighteen is dismissed, to the defendant. 6 Where on considering an application by a defendant under subsection (4) of the said section eighteen the court— a makes an order under paragraph (b) of subsection (5) of the said section for the cancellation of the warrant of commitment; or b remits under subsection (6) of the said section the whole or any part of the sum in respect of which the warrant was issued; the clerk of the court shall forthwith give written notice of the decision to the person in charge of the prison or other place in which the defendant is detained. Warrants of commitment 23 1 A warrant of commitment for the enforcement of a maintenance order, being an affiliation order or an order enforceable as an affiliation order, issued in pursuance of a complaint under section seventy-four of the Magistrates' Courts Act, 1952, as amended by section sixteen of the Act, shall be in the form numbered 18 in the Schedule to these Rules: Provided that where the issue of the warrant has been postponed under section sixty-five of the Magistrates' Courts Act, 1952, or under section eighteen of the Act the warrant shall be in the form numbered 19 in the Schedule to these Rules. 2 A warrant of commitment for the enforcement of a maintenance order, not being an affiliation order or an order enforceable as an affiliation order, the issue of which has been postponed under section sixty-five of the Magistrates' Courts Act, 1952, or under section eighteen of the Act, shall be in the form numbered 20 in the Schedule to these Rules. Revocations 24 1 The forms of warrants of commitment numbered 20 and 21 in the Schedule to the Bastardy (Forms) Order, 1915, shall be omitted therefrom and the form numbered 88 in the Schedule to the Magistrates' Courts (Forms) Rules, 1952, shall cease to apply to a warrant of commitment the issue of which has been postponed under section sixty-five of the Magistrates' Courts Act, 1952, or under section eighteen of the Act, being a warrant of commitment for the enforcement of a maintenance order. 2 The forms numbered 23, 24 and 25 in the Schedule to the Bastardy (Forms) Order, 1915 (which relate to the attachment of pension or income), shall be omitted therefrom. 3 The following provisions of the Magistrates' Courts Rules, 1952, are hereby revoked, that is to say:— a paragraph (8) of Rule 34 (which relates to the giving of information as respects certain proceedings in a foreign court); and b Rule 36 (which relates to the attachment of income or pension). Interpretation 25 1 Subsection (3) of section one of the Act shall apply to the interpretation of Part I of these Rules as it applies to the interpretation of Part I of the Act. 2 Section twenty-one of the Act shall apply to the interpretation of these Rules as it applies to the interpretation of the Act. 3 The Interpretation Act, 1889, shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament. 4 Any reference in these Rules to the Act is a reference to the Maintenance Orders Act, 1958. 5 Any reference in these Rules to the administering court in relation to a maintenance order or a related attachment of earnings order is a reference to the magistrates' court— a which made the maintenance order; b in which the maintenance order is registered under the Act, under Part II of the Maintenance Orders Act, 1950, or under the Maintenance Orders (Facilities for Enforcement) Act, 1920; or c by which the maintenance order was confirmed under the Maintenance Orders (Facilities for Enforcement) Act, 1920. 6 Any reference in these Rules to the register is a reference to the register kept in accordance with Rule 54 of the Magistrates' Courts Rules, 1952. 7 Any reference in these Rules to a form in the Schedule to these Rules shall include a reference to a form to the like effect with such variations as the circumstances may require. Citation and commencement 26 These Rules may be cited as the Magistrates' Courts (Maintenance Orders Act, 1958) Rules, 1959, and shall come into operation on the sixteenth day of February, 1959. Kilmuir, C Dated the first day of January, 1959