The County Court (Forms) (Amendment No. 3) Rules 1991

Statutory Instruments

1991 No. 1340 (L.16)

COUNTY COURTS

PROCEDURE

The County Court (Forms) (Amendment No. 3) Rules 1991

Made

6th June 1991

Coming into force

1st July 1991

1.—(1) These Rules may be cited as the County Court (Forms) (Amendment No. 3) Rules 1991.

(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.  Forms N.14 and N.57 in the main Schedule shall be omitted.

3.  There shall be substituted in the main Schedule, for forms N.86 and N.87, the forms contained in Schedule 1 to these Rules.

We, the undersigned members of the Rule Committee appointed by the Lord Chancellor under section 75 of the County Courts Act 1984(2), 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.

C. S. Stuart-White

A. N. Fricker

R. H. Hutchinson

Eifion Roberts

Frank J. White

R. Greenslade

K. H. P. Wilkinson

Tim Stow

R. C. Newport

P. R. Bazley White

I allow these Rules, which shall come into force on 1st July 1991.

Mackay of Clashfern, C.

Dated 6th June 1991

SCHEDULE 1

Explanatory Note

(This note is not part of the Rules)

These Rules amend the County Court (Forms) Rules 1982 so as to revoke forms N.14 (request for entry of judgment in default action) and N.57 (notice of proposal to make attachment of earnings order). These changes are made following the County Court (Amendment No. 2) Rules 1991 (S.I. 1991/1126). Consequential upon changes made by the County Court (Amendment No. 3) Rules 1991 (S.I. 1991/1328), these Rules also provide new forms of charging order nisi and charging order absolute, forms N.86 and N.87.

(1)

S.I. 1982/586; the relevant amending instruments are S.I. 1984/879, 1985/567 and 1990/517.

(2)

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.