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Part 3 · Quasi-Criminal Proceedings

27. Money in Court (P. 3, r. 27)

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(1)

Where money is standing to the credit of the enforcement respondent in Court, the enforcement applicant is not entitled to an enforcement order in respect of that money but may apply to the Court by originating application or summons for an order that the money or so much of the money as is sufficient to satisfy the maintenance order sought to be enforced and the costs of the application be paid to the enforcement applicant.

(2)

Despite Rule 3(3) and subject to paragraphs (3) to (6), the provisions of these Rules apply to an originating application or summons issued under this Rule.

(3)

On issuing an originating application or a summons under this Rule, the enforcement applicant must produce the originating application or summons (as the case may be) at the office of the Accountant‑General and leave a copy at that office, and the money to which the application relates must not be paid out of Court until after the determination of the application.

(4)

If the application is dismissed, the enforcement applicant must give notice of that fact to the Accountant‑General.

(5)

Unless the Court otherwise directs, the originating application or summons must be served on the enforcement respondent at least 7 days before the day named in the originating application or summons (as the case may be) for the hearing of the application.

(6)

The Court hearing an application under this Rule may make any order with respect to the money that the Court thinks fit.

Subregulation 1

Where money is standing to the credit of the enforcement respondent in Court, the enforcement applicant is not entitled to an enforcement order in respect of that money but may apply to the Court by originating application or summons for an order that the money or so much of the money as is sufficient to satisfy the maintenance order sought to be enforced and the costs of the application be paid to the enforcement applicant.

Subregulation 2

Despite Rule 3(3) and subject to paragraphs (3) to (6), the provisions of these Rules apply to an originating application or summons issued under this Rule.

Subregulation 3

On issuing an originating application or a summons under this Rule, the enforcement applicant must produce the originating application or summons (as the case may be) at the office of the Accountant‑General and leave a copy at that office, and the money to which the application relates must not be paid out of Court until after the determination of the application.

Subregulation 4

If the application is dismissed, the enforcement applicant must give notice of that fact to the Accountant‑General.

Subregulation 5

Unless the Court otherwise directs, the originating application or summons must be served on the enforcement respondent at least 7 days before the day named in the originating application or summons (as the case may be) for the hearing of the application.

Subregulation 6

The Court hearing an application under this Rule may make any order with respect to the money that the Court thinks fit.

Report

Part 3A

Enforcement of Child Access Order Under Section 5A of Guardianship of Infants Act 1934 or Section 126B of Women’S Charter 1961

Part 4

Amicable Resolution of Cases

Part 5

Commencement of Proceedings

Part 6

Parties to Proceedings

Part 7

Service of Documents

Part 8

Judge-Led Approach in Resolving Family Disputes

Part 9

Disclosure

Part 10

Expert Evidence

Part 11

Reports Under Mental Capacity Act 2008

Part 12

Relevant Professionals and Child Reports

Part 13

Parenting Coordination Programme

Part 14

Injunctions and Other Interim Relief Before Hearing

Part 15

Court Hearings and Evidence

Part 16

Withdrawal and Discontinuance

Part 17

Payment Into and Out of Court

Part 18

Judgments and Orders

Part 19

Appeals

Part 20

Appeals from Tribunals to Family Division and Case Stated

Part 21

Transfer of Proceedings

Part 22

Costs

Part 23

Enforcement of Judgments and Orders

Part 24

Contempt of Court

Part 25

Court Fees

Part 26

Registry and Administration

Part 27

Lodgment in Court, Money in Registry and Payment to Bailiff

Part 28

Electronic Filing Services

Schedules