The County Court (Amendment No. 2) Rules 1991

Variation of orders

49.  For Order 22, rule 10, there shall be substituted thefollowing—

“Variation of payment

10.— (1) Where a judgment or order has been given or made for the payment ofmoney, the person entitled to the benefit of the judgment or order or,as the case may be, the person liable to make the payment (in this rulereferred to as“the judgment creditor”and“the debtor”respectively)may apply in accordance with the provisions of this rule for a variationin the date or rate of payment.

(2) The judgment creditor may apply ex parte in writing for an orderthat the money, if payable in one sum, be paid at a later date than thatby which it is due or by instalments or, if the money is already payableby instalments, that it be paid by the same or smaller instalments, andthe proper officer may make an order accordingly unless no payment hasbeen made under the judgment or order for 6 years before the date of theapplicaton in which case he shall refer the application to the districtjudge.

(3) The judgment creditor may apply to the district judge on notice foran order that the money, if payable in one sum, be paid at an earlierdate than that by which it is due or, if the money is payable byinstalments, that it be paid in one sum or by larger instalments, andany such application shall be made in writing stating the proposed termsand the grounds on which it is made.

(4) Where an application is made under paragraph (3)—

(a) the proceedings shall be automatically transferred to the debtor'shome court if the judgment or order was not given or made in thatcourt;

(b) the proper officer shall fix a day for the hearing of theapplication before the district judge and give to the judgment creditorand the debtor not less than 8 days' notice of the day so fixed

and at the hearing the district judge may make such order as seemsjust.

(5) The debtor may apply for an order that the money, if payable in onesum, be paid at a later date than that by which it is due or byinstalments or, if the money is already payable by instalments, that itbe paid by smaller instalments, and any such application shall be in theappropriate form stating the proposed terms, the grounds on which it ismade and including a signed statement of the debtor’s means.

(6) Where an application is made under paragraph (5), the proper officershall—

(a) send the judgment creditor a copy of the debtor’s application (andstatement of means); and

(b) require the judgment creditor to notify the court in writing,within 14 days of service of notification upon him, giving his reasonsfor any objection he may have to the granting of the application.

(7) If the judgment creditor does not notify the court of any objectionwithin the time stated, the proper officer shall make an order in theterms applied for.

(8) Upon receipt of a notice from the judgment creditor under paragraph(6), the proper officer may determine the date and rate of payment andmake an order accordingly.

(9) Any party affected by an order made under paragraph (8) may, within14 days of service of the order on him and giving his reasons, apply onnotice for the order to be re-considered and, where such an applicationis made—

(a) the proceedings shall be automatically transferred to the debtor'shome court if the judgment or order was not given or made in thatcourt;

(b) the proper officer shall fix a day for the hearing of theapplication before the district judge and give to the judgment creditorand the debtor not less than 8 days' notice of the day so fixed.

(10) On hearing an application under paragraph (9), the district judgemay confirm the order or set it aside and make such new order as hethinks fit and the order so made shall be entered in the records of thecourt.

(11) Any order made under any of the foregoing paragraphs may be variedfrom time to time by a subsequent order made under any of thoseparagraphs.

(12) In this rule“proper officer”does not include the district judge.”.