The Civil Procedure (Modification of Enactments) Order 2002

Explanatory Note

(This note is not part of the Order)

Article 3 of this Order amends section 5 of the Debtors Act 1869 removing the provision enabling a debtor to be cross-examined on oath as to his means following the issue of a judgment summons. In consequence of this amendment article 8 amends section 110 of the County Courts Act 1984 removing the power of the court to commit a judgment debtor for refusing to be sworn or give evidence, and article 9 amends the definition of “judgment summons” in section 147 of the County Courts Act 1984. These amendments are consequential on rule 39 of the Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015) which makes amendments to CCR Order 38 (judgment summonses) requiring a creditor to prove his case against a debtor following the issue of a judgment summons and providing that such a debtor may not be compelled to give evidence.

Article 4 amends the definition of “prescribed” in section 10 of the Debtors Act 1869 to revoke obsolete references to rules under the Common Law Procedure Act 1852, the Court of Chancery Act 1852 and the County Courts Act 1856, and to substitute a reference to rules of court.

Article 5 amends section 5 of the Charging Orders Act 1979—

• to set out the extent to which rules of court made under section 1 of and Schedule 1 to the Civil Procedure Act 1997 may make provision for the making of stop orders and the service of stop notices; and

• to revoke obsolete references to powers to make rules of court under section 84 of the Supreme Court Act 1981 and section 75 of the County Courts Act 1984, which have been superseded by the power to make rules of court under the Civil Procedure Act 1997.

Articles 6 and 7 of this Order amend section 40A of the Supreme Court Act 1981 and section 109 of the County Courts Act 1984 in consequence of changes to terminology made by new rules of court contained in the Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792) relating to attachment of debts.

Articles 10 and 11 amend the County Courts Remedies Regulations 1991 and the High Court and County Courts (Allocation of Arbitration Proceedings) Order 1996 in consequence of new rules of court enacted by the Civil Procedure (Amendment No. 5) Rules 2001 relating to Mercantile Courts, which, among other things, designate the Central London County Court Business List as a Mercantile Court and rename it the Central London County Court Mercantile List.

Article 12 amends the Access to Justice Act 1999 (Destination of Appeals) Order 2000, in consequence of amendments enacted by the Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388) and the Civil Procedure (Amendment No. 5) Rules 2001 to the rules of court relating to certain types of specialist proceedings.