The High Court and County Courts Jurisdiction (Amendment) Order 1993

Statutory Instruments

1993 No. 1407 (L.14)

COUNTY COURTS

SUPREME COURT OF ENGLAND AND WALES

The High Court and County Courts Jurisdiction (Amendment) Order 1993

Made

7th June 1993

Coming into force

8th June 1993

The Lord Chancellor, in exercise of the powers conferred on him by section 1 of the Courts and Legal Services Act 1990(1), having consulted as required by section 1(9) of that Act, hereby makes the following Order, a draft of which has, in accordance with section 120(4) of that Act, been laid before and approved by resolution of each House of Parliament:—

1.  This Order may be cited as the High Court and County Courts Jurisdiction (Amendment) Order 1993 and shall come into force on 8th June 1993.

2.  In this Order, “the 1991 Order” means the High Court and County Courts Jurisdiction Order 1991(2) and an article referred to by number means the article so numbered in the 1991 Order.

3.  In article 6 of the 1991 Order, after the word “Applications”, there shall be inserted the words “and appeals”.

4.  Article 8 of the 1991 Order shall be amended as follows—

(1) for paragraph (1)(a), there shall be substituted the following—

“(a) subject to sub-paragraph (b)(ii), shall be enforced only in the High Court where the sum which it is sought to enforce is £5,000 or more;”; and

(2) for paragraph (1)(b), there shall be substituted the following—

“(b) shall be enforced only in a county court where—

(i) the sum which it is sought to enforce is less than £2,000; or

(ii) the proceedings in which the judgment or order was obtained arose out of an agreement regulated by the Consumer Credit Act 1974(3);”.

5.  After article 8 of the 1991 Order, there shall be inserted the following—

“Enforcement of road traffic debts under the Road Traffic Act 1991(4)

8A.— (1) Proceedings for the recovery of—

(a) increased penalty charges provided for in parking charge certificates issued under paragraph 6 of Schedule 6 to the 1991 Act; and

(b) amounts payable by a person other than a London authority under an adjudication of a parking adjudicator pursuant to section 73 of the 1991 Act,

shall be taken in Cardiff County Court.

(2) In this article, “the 1991 Act” means the Road Traffic Act 1991 and expressions which are used in the 1991 Act have the same meaning in this article as they have in that Act.”.

Mackay of Clashfern, C.

Dated 7th June 1993

Explanatory Note

(This note is not part of the Order)

This Order amends the High Court and County Courts Jurisdiction Order 1991 so as to provide—

(a) that appeals under section 19(4) of the Local Government Finance Act 1982 (c. 32) (appeals against decisions of auditors) shall be commenced in the High Court (article 3);

(b) that a judgment or order of a county court for the payment of a sum of money which arose out of an agreement regulated by the Consumer Credit Act 1974, and which it is sought to enforce wholly or partially by execution against goods, may be enforced only in a county court (article 4); and

(c) for proceedings to enforce certain road traffic debts arising under the Road Traffic Act 1991 to be taken in Cardiff County Court; by virtue of section 1(5) of the Courts and Legal Services Act 1990, Cardiff County Court’s jurisdiction in such proceedings is exercisable throughout England and Wales (article 5).

(1)

1990 c. 41.

(2)

S.I. 1991/724.

(3)

1974 c. 39.

(4)

1991 c. 40.