The County Court (Forms) (Amendment No. 2) Rules 1994 No. 2110 (L. 11)


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United Kingdom Statutory Instruments


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Statutory Instruments

1994 No. 2110 (L. 11)

COUNTY COURTS

PROCEDURE

The County Court (Forms) (Amendment No. 2) Rules 1994

Made

6th August 1994

Coming into force

Rule 2

1st September 1994

Remainder

1st October 1994

1.-(1) These Rules may be cited as the County Court (Forms) (Amendment No. 2) Rules 1994.

(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. There shall be inserted in the main Schedule, after Forms N.30 and N.30(1) respectively, the forms N.30(CCBC) (Judgment for plaintiff (in default)) and N.30(1)(CCBC) (Judgment for plaintiff (acceptance of offer)) contained in Schedule 1 to these Rules.

3. There shall be substituted in the main Schedule, for Forms N.24, N.36, N.58, N.59, N.60, N.63, N.64A, N.65, N.67 and N.118, the forms contained in Schedule 2 to these Rules.

4. In Forms N.22, N.23, N.25, N.30, N.30(1)-(3), N.32, N.32(1)-(5), N.33 and N.34, for the words from "You will have" down to "will be removed" where those words appear in the Take Notice section of each of the said Forms, there shall be substituted the following-

5. In Form N.1(SPC), for the words "You have 22 days from the date of this postmark to reply." there shall be substituted "You have 22 days from the date of issue of this summons to reply.".

6. In Form N.20, for the figure "£400" there shall be substituted "£1,000".

7. The ALTERNATIVE DISPOSAL section in Form N.79 shall be amended as follows-

(a)for the words from "The order is suspended" to "so long as", there shall be substituted "The order is suspended until 19 and will not be put into effect if during that time";

(b)after the words "proved be adjourned", there shall be inserted "until 19"; and

(c)after the words "decision if", there shall be inserted "during that time".

The undersigned members of the Rule Committee, appointed by the Lord Chancellor under section 75 of the County Courts Act 1984(2), having made these Rules, certify them and submit them to the Lord Chancellor.

Hugh Jones

Neil Butter

Helen Paling

J. H. Wroath

Margaret Wilby

W. A . Vincent

Peter Birts

Henrietta Manners

E. C. Gee

I allow these Rules, which shall come into force on 1st October 1994, except rule 2, which shall come into force on 1st September 1994.

Mackay of Clashfern , C.

Dated 6th August 1994

Rule 2

SCHEDULE 1

Rule 3

SCHEDULE 2

Explanatory Note

(This note is not part of the Rules)

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

(1) introduce new forms of judgment for cases in the County Court Bulk Centre at Northampton County Court (which processes money claims brought by frequent users of the county courts) and amend the default summons used in the Summons Production Centre (rules 2 and 5);

(2) substitute new forms for a number of the attachment of earnings forms and new Forms N.24 (general form of judgment or order), N.36 (order for possession) and N.67 (judgment summons) (rule 3);

(3) amend the notice contained in a number of forms concerning the registration of judgments (rule 4); and

(4) amend Forms N.20 (witness summons) and N.79 (committal order) (rules 6 and 7).

(1)

S.I. 1982/586; the relevant amendments are S.I. 1985/567; 1990/517; 1991/1132; 1992/794, 2040 and 1993/712 and 2174.

(2)

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


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URL: http://www.bailii.org/uk/legis/num_reg/1994/uksi_19942110_en.html