Maintenance Orders
(Facilities for Enforcement) Rules 2003
PART 1
1 Interpretation
(1) In
these Rules the “Law” means the Maintenance Orders
(Facilities for Enforcement) (Jersey) Law 2000 and other terms have
the same meaning as in the Law.
(2) A
reference in these Rules to a Part, Rule or Schedule by number only and without
further identification is a reference to the Part, Rule or Schedule of that
number in these Rules.
PART 2
PROCEEDINGS UNDER PART 1
OF THE LAW
2 Authentication
of document
A document setting out or summarizing any evidence required by any
provision of the Law or these Rules to be authenticated shall be authenticated
by a certificate, signed by the Greffier, that the
document is the original document containing or recording or, as the case may
be, summarizing the evidence given or a true copy of that document.
3 Transmission
of document to Commonwealth country
Any document required by any provision of the Law or these Rules
to be sent to a court in a Commonwealth country shall be sent to the registrar
of that court by post.
4 Application
for transmission of order
(1) An
application by a payee under Article 2 of the Law shall be made in writing
to the Greffier.
(2) An
application made in pursuance of paragraph (1) shall –
(a) specify the date on which the order was
made;
(b) contain such particulars as are known to the
applicant of the whereabouts of the payer;
(c) specify any matters likely to assist in the
identification of the payer;
(d) where possible, be accompanied by a recent
photograph of the payer.
(3) The
Greffier may require an application under paragraph (1)
to be supported by an affidavit.
5 Form
of Request for Registration
A Request for Registration under Article 2(2) of the Law shall be
in the form set out in Schedule 1.
6 Form
of Request for Confirmation
(1) A
Request for Confirmation under Article 3(2) of the Law shall be in the
form set out in Schedule 2.
(2) A
Request for Confirmation under Article 5(3), 6(3) or 12(6) of the Law
shall be in the form set out in Schedule 3.
7 Notice
for the purposes of Article 5(2)
(1) For
the purpose of compliance with Article 5(2) of the Law there shall be
served on the person on whose application the order was made a notice which
shall –
(a) set out the evidence received or taken, as
the case may be, in pursuance of Article 5(1) of the Law;
(b) inform that person that it appears to the
court that the order ought not to have been made or, as the case may be, ought
not to have been made in the form in which it was made; and
(c) inform that person that he or she –
(i) may
make representations with respect to the evidence set out in the notice orally
or in writing, and
(ii) should
notify the Greffier if he or she wishes to adduce
further evidence.
(2) Where
the Greffier receives notification that the person on
whose application the order was made wishes to adduce further evidence, the Greffier shall fix a date for the hearing of such evidence
and shall send that person written notice of the date fixed.
8 Taking
of evidence under Article 17(1)
(1) Where
the evidence of any person is to be taken in pursuance of Article 17(1) of
the Law, subject to paragraph (2) –
(a) the evidence shall be taken in the same
manner as if that person were a witness in proceedings on an application for
maintenance;
(b) any oral evidence so taken shall be put into
writing; and
(c) the Greffier shall
certify at the foot of any document setting out the evidence taken of, or
produced in evidence by, that person that such evidence was taken, or document
received in evidence, as the case may be, by the court.
(2) Where
such a request as is mentioned in Article 17(1) of the Law includes a
request that the evidence be taken in a particular manner, the court by which
the evidence is taken shall, so far as circumstances permit, comply with that
request.
9 Remission
of request for evidence under Article 18(1)
Any request under Article 18 of the Law for the
taking or provision of evidence by a court in a Commonwealth country shall be
sent to the court in question by post.
10 Notice
of variation, revocation or confirmation of order or setting aside of
registration
(1) Where
under Article 6 of the Law a court makes an order (not being a provisional
order) varying or revoking an order to which that Article applies, the Greffier shall send to any court in a Commonwealth country
in which to the Greffier’s knowledge the
original order is registered or by which it was confirmed, written notice of
the variation or revocation.
(2) Where
under Article 9 of the Law a court sets aside the registration of an order,
the Greffier shall send written notice of that action
to the Lieutenant-Governor.
(3) Where
under Article 10(7) of the Law a court confirms a provisional order, the Greffier shall send written notice of the confirmation and
of any alteration made in the provisional order to the court which made the
provisional order.
(4) Where
under Article 12 of the Law a court makes an order, not being a
provisional order, varying or revoking an order to which that Article applies,
the Greffier shall send written notice of the
variation or revocation to the court which made the order.
(5) Where
under Article 13(2) of the Law a court confirms a provisional order, the Greffier shall send written notice of the confirmation and
of any alteration made in the provisional order to the court which made the
provisional order.
11 Notice
to payer of order registered under Article 8(2)
Where the Greffier registers an order under Article 8(2) of the Law,
the Greffier shall send written notice to the payer
that the order has been duly registered and of the person to whom and the hours
and place at which payments under the order should be made.
12 Recovery
of sums in arrear under Part 1
Where it appears to the
Viscount that any sums payable under an order registered under Part 1 of
the Law are in arrear the Viscount may, and if such sums are in arrear to an
amount equal to 4 times the sum payable weekly under the order, the Viscount
shall proceed in his or her own name for the recovery of those sums, unless it
appears to the Viscount that it is unreasonable in the circumstances to do so.
13 Notice
of cancellation of legislation under Article 14(2)
Where the registration of
an order is cancelled under Article 14(2) of the Law, the Greffier shall send written notice of that action to the
Lieutenant-Governor.
PART 3
PROCEEDINGS UNDER PART 3
OF THE LAW
14 Application
under Article 23
An application under Article 23 of the Law shall be
made through the Greffier.
15 Application
under Article 24
An application received by the Lieutenant-Governor under Article 24 of the Law shall be sent to the Greffier.
16 Dismissal
of application under Article 24 or 27(2)
Where the Royal Court dismisses an application under Article 24 of the Law for a maintenance order or an application received
under Article 27(2) of the Law for the variation
of an order under Part 3 of the Law, the Greffier
shall send written notice of the decision and a statement of the Court’s
reasons to the Lieutenant-Governor.
17 Recovery
of sums in arrear under Part 3
Where it appears to the Viscount that any sums payable under an order
under Part 3 of the Law are in arrear the Viscount may, and if such sums
are in arrear to an amount equal to 4 times the sum payable weekly under
the order, the Viscount shall proceed in his or her own name for the recovery
of those sums, unless it appears to the Viscount that it is unreasonable in the
circumstances to do so.
18 Notice
of application under Article 27(4)(b)
Notice under Article 27(4)(b) of the Law of an
application for the variation or revocation of an order under Part 3 of
the Law shall be in the form set out in Schedule 4 and shall be sent by
post not less than 6 weeks before the date of the hearing of the
application to the Lieutenant-Governor for transmission to the appropriate
authority in the convention country in which the defendant to the application
is residing.
19 Taking
of evidence under Article 29(1)
(1) Where
the evidence of any person is to be taken in pursuance of Article 29(1) of
the Law, subject to paragraph (2) –
(a) the evidence shall be taken in the same
manner as if that person were a witness in proceedings on an application for
maintenance;
(b) any oral evidence so taken shall be put into
writing; and
(c) the Greffier shall
certify at the foot of any document setting out the evidence taken, or produced
in evidence, that such evidence was taken, or document received in evidence, as
the case may be, by the court.
(2) Where
such a request as is mentioned in Article 29(1) of the Law includes a
request that the evidence be taken in a particular manner, the court by which
the evidence is taken shall, so far as circumstances permit, comply with that
request.
(3) Any
such document as is referred to in sub-paragraph (1)(c) shall be sent to
the Lieutenant-Governor for transmission to the appropriate authority in the
convention country in which the request originated.
PART 4
PROCEEDINGS UNDER PART 4
OF THE LAW
20 Form
of Request for Enforcement
A Request for Enforcement under Article 31(2) of the Law shall be
in the form set out in Schedule 5.
21 Form
of notice of application under Article 32(2)
(1) A
notice of application for the variation or revocation of a maintenance order
under Article 32(2) of the Law shall be in the form set out in Schedule 6.
(2) The
Greffier shall give the payer notice in writing of
the date fixed for the hearing by sending notice by post addressed to the
payer’s last known or usual place of abode.
22 Form
of Notice of Variation or Revocation
A Notice of Variation or Revocation under Article 32(3) of the Law shall be
the form set out in Schedule 7.
23 Notice
of order registered under Article 33(2)
Where the Greffier registers an order
under Article 33(2) of the Law, the Greffier shall –
(a) send
written notice to the Lieutenant-Governor that the order has been duly
registered; and
(b) send
written notice to the payer by post addressed to the payer’s last known
or usual place of abode that the order has been duly registered and of the person
to whom and the hours and place at which payments under the order should be
made.
24 Notice
of refusal of registration under Article 33
If the Greffier refuses to register an order
under Article 33 of the Law the Greffier shall give written notice of the Greffier’s refusal and of the grounds to the
Lieutenant-Governor.
25 Notice
of application or setting aside under Article 34
If the payer applies under Article 34 of the Law for the
registration of a maintenance order to be set aside, the Greffier
shall give written notice of the application to the Lieutenant-Governor and, if
the registration is set aside, shall give written notice thereof to the
Lieutenant-Governor.
26 Notice
to payer of appeal against refusal to register
If the payee appeals under Article 35 of the Law against any
refusal to register, the Greffier shall give written
notice of the appeal and of the date of the hearing of the appeal to the payer
by post addressed to the payer’s last known or usual place of abode.
27 Recovery
of sums in arrear under Part 4
Where it appears to the Viscount that any sums payable under an order
registered under Part 4 of the Law are in arrear the Viscount may, and if
such sums are in arrear to any amount equal to 4 times the sum payable
weekly under the order, the Viscount shall proceed in his or her own name for
the recovery of those sums, unless it appears to the Viscount that it is
unreasonable in the circumstances to do so.
28 Taking
of evidence under Article 39(1)
(1) Where
the evidence of any person is to be taken in pursuance of Article 39(1) of
the Law, subject to paragraph (2) –
(a) the evidence shall be taken in the same
manner as if that person were a witness in proceedings on an application for
maintenance;
(b) any oral evidence so taken shall be put into
writing and read to the person who gave it, who shall be required to sign the
document; and
(c) the Greffier shall
certify at the foot of any document setting out the evidence taken, or produced
in evidence, that such evidence was taken or document received in evidence, as
the case may be, by the court.
(2) Where
such a request as is mentioned in Article 39(1) of the Law includes a
request that the evidence be taken in a particular manner, the court by which
the evidence is taken shall, so far as circumstances permit, comply with that
request.
PART 5
ENFORCEMENT OF ORDERS
29 Enforcement
by Viscount
(1) In
the enforcement in Jersey of an order under the Law, the Viscount shall take
such steps as the Viscount is empowered to take for the enforcement of a
maintenance order within the meaning of the Maintenance Orders
(Enforcement) (Jersey) Law 1999 (the “1999 Law”).
(2) In
proceedings in Jersey for the recovery of sums payable under an order under the
Law, such order ranks for the purposes of the 1999 Law as a maintenance order.
PART 6
CLOSING PROVISION
30 Citation
These Rules may be cited as the Maintenance Orders (Facilities for
Enforcement) Rules 2003.