The High Court and County Courts Jurisdiction (Amendment) Order 2001

Statutory Instruments

2001 No. 1387 (L. 22)

COUNTY COURTS, ENGLAND AND WALES

SUPREME COURT OF ENGLAND AND WALES

The High Court and County Courts Jurisdiction (Amendment) Order 2001

Made

30th March 2001

Laid before Parliament

6th April 2001

Coming into force

1st June 2001

The Lord Chancellor, in exercise of the powers conferred on him by sections 1 and 120 of the Courts and Legal Services Act 1990(1), having consulted as required by section 1(9), makes the following Order:—

Citation and commencement

1.  This Order may be cited as the High Court and County Courts Jurisdiction (Amendment) Order 2001 and shall come into force on 1st June 2001.

Amendments to the High Court and County Courts Jurisdiction Order 1991

2.  The High Court and County Courts Jurisdiction Order 1991(2) shall be amended as follows.

3.  In article 8A of the High Court and County Courts Jurisdiction Order 1991—

(a) for the title, substitute “Enforcement of traffic penalties”;

(b) for paragraph (a), substitute—

“(a) increased penalty charges provided for in charge certificates issued under—

(i) paragraph 6 of Schedule 6 to the 1991 Act(3); and

(ii) paragraph 8 of Schedule 1 to the London Local Authorities Act 1996(4);”.

(c) after paragraph (b), insert—

“; and

(c) fixed penalties payable under fixed penalty notices issued under regulation 5 of the Road Traffic (Vehicle Emissions) (Fixed Penalty) Regulations 1997(5)”.

Irvine of Lairg, C.

Dated 30th March 2001

Explanatory Note

(This note is not part of the Order)

This Order amends the High Court and County Courts Jurisdiction Order 1991 to provide that proceedings for the recovery of—

• increased penalty charges provided for in charge certificates issued under paragraph 8 of Schedule 1 to the London Local Authorities Act 1996 (c. ix.) (which deals with increased penalty charges for breach of provisions about bus lanes); and

• fixed penalties payable under fixed penalty notices issued under the Road Traffic (Vehicle Emissions) (Fixed Penalty) Regulations 1997 (S.I. 1997/3058),

may only be taken in Northampton County Court.

(1)

1990 c. 41. Section 120 was amended by the Civil Procedure Act 1997 (c. 12) Schedule 2, paragraph 4.

(2)

S.I. 1991/724; the relevant amending instruments are S.I. 1993/1407 and 1996/3141.

(3)

The Road Traffic Act 1991 c. 40.

(4)

1996 c. ix; paragraph 8 of Schedule 1 was amended by paragraph 7 of Schedule 2 to the London Local Authorities Act 2000 (c. vii) and Schedule 1 is repealed by Schedule 31 to the Transport Act 2000 (c. 38) on such day as the Secretary of State may by order provide.

(5)

S.I. 1997/3058.