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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/1993/uksi_1993712_en.html

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Statutory Instruments

1993 No. 712 (L.11)

COUNTY COURTS

PROCEDURE

The County Court (Forms)(Amendment) Rules 1993

Made

5th March 1993

Coming into force

As to all provisions except Rules 2 and 3

31st March 1993

Rules 2 and 3

1st April 1993

1.-(1) These Rules may be cited as the County Court (Forms) (Amendment) Rules 1993.

(2) In these Rules, a form referred to by number means the form so numbered in the Schedule to the County Court (Forms) Rules 1982(1) and "the main Schedule" means that Schedule.

2. In-

(a)section 2(e) of form N.9,

(b)section 7 of form N.9A,

(c)section 7 of form N.9A(SPC),

(d)section 2(e) of form N.10 (HP/CCA) and

(e)section 6 of form N.56

for the words "Community charge" there shall be substituted the words "Council tax"(2).

3. In-

(a)section 8 of form N.9A,

(b)section 8 of form N.9A(SPC) and

(c)section 7 of form N.56

for the words "Community charge arrears" there shall be substituted the words "Council tax/Community charge arrears".

4. Form N.9(SPC) in the main Schedule shall be omitted.

5. There shall be substituted in the main Schedule, for forms N.42(c), N.92, N.94, N.95 and N.95A, the forms contained in the Schedule to these Rules.

6. Paragraph 1 of Form N.79 shall be amended by substituting, for the words "attached notice to show good reason dated", the words "attached notice to show good reason".

We, the undersigned members of the Rule Committee appointed by the Lord Chancellor under section 75 of the County Courts Act 1984(3), having by virtue of the powers vested in us in that behalf made the foregoing Rules, do hereby certify the same under our hands and submit them to the Lord Chancellor accordingly.

Frank J. White

C. S. Stuart-White

R. H. Hutchinson

Eifion Roberts

J. H. Wroath

R. Greenslade

Margaret Wilby

Henrietta Manners

E. C. Gee

Robert Winstanley

I allow these Rules, which shall come into force on 31st March 1993, except for Rules 2 and 3 which shall come into force on 1st April 1993.

Mackay of Clashfern, C.

Dated 5th March 1993

SCHEDULE

WARRANT OF EXECUTION(Order 26, rule 1)

APPLICATION FOR AN ADMINISTRATION ORDER(Order 39, rule 2(1))

ADMINISTRATION ORDER(Order 39, rule 9)

ORDER REVOKING AN ADMINISTRATION ORDER(Order 39, rule 14(2))

ORDER SUSPENDING OR VARYING AN ADMINISTRATION ORDER(Order 39, rule 14(2))

Explanatory Note

(This note is not part of the Rules)

These Rules amend the County Court (Forms) Rules 1982 so as to-

(a)amend references to the community charge (rules 2 and 3);

(b)revoke one of the defence forms used by the summons production centre, form N.9(SPC) (rule 4);

(c)make an adjustment to the computerised form of warrant, form N.42(c) (rule 5);

(d)substitute new forms of administration order and related forms, forms N.92, N.94, N.95 and N.95A (rule 5) and

(e)make a minor amendment to the committal order, form N.79 (rule 6).

The new forms N.92, N.94, N.95 and N.95A complement the changes to the administration order procedure which are introduced by the County Court (Amend-ment) Rules 1993 (S.I. 1993/711(C.10).

(1)

S.I. 1982/586; the relevant amending instruments are S.I. 1984/879, 1985/567, 1988/279, 1989/1918, 1990/517, 1991/1132 and 1992/2040.

(2)

Council tax under the Local Government Finance Act 1992 (c. 14) replaces community charge with effect from 1st April 1993.

(3)

1984 c. 28; section 75 was amended by the Courts and Legal Services Act 1990 (c. 41), sections 2(4), 16, Schedule 18, paragraph 47.


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