
PART I
1 
An application for the registration in
the High Court of a magistrates' court order need
not be in writing or on oath.
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.
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.
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.
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.
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.
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.
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.
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
10 
An attachment of earnings order shall be
in the form numbered 13 in the Schedule to these Rules.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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).
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.
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
SCHEDULE

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