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Courts Act 2003, Section 98 is up to date with all changes known to be in force on or before 29 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Commencement Orders bringing provisions within this Act into force:
(1)A register is to be kept, in accordance with regulations, of—
(a)judgments entered in the High Court;
(b)judgments entered in [F1the county court];
(c)administration orders made under section 112 of the County Courts Act 1984 (c. 28) (power of county [F2court] to make administration orders);
(d)orders restricting enforcement made under section 112A of that Act (power of county [F2court] to restrict enforcement of debts in lieu of administration order);
(e)sums which are, for the purposes of the 1980 Act, sums adjudged to be paid by a conviction or order of a magistrates' court.
[F3(f)a decision or award of—
(i)the First-tier Tribunal,
(ii)the Upper Tribunal,
(iii)an employment tribunal, or
(iv)the Employment Appeal Tribunal,
in pursuance of which any sum is payable.]
(2)“Regulations” means regulations made by the Lord Chancellor for the purposes of this section.
(3)The regulations may—
(a)provide for prescribed classes of judgments, orders[F4, decisions, awards] or adjudged sums to be exempt from registration;
(b)prescribe circumstances in which judgments, orders[F4, decisions, awards] or adjudged sums (or classes of them) are to be exempt from registration;
(c)prescribe circumstances in which an entry in the register is to be cancelled;
(d)in the case of sums adjudged to be paid by conviction of a magistrates' court [F5or in the case of sums payable in pursuance of decisions or awards of a tribunal mentioned in subsection (1)(f)], provide for sums to be registered only in prescribed circumstances or subject to prescribed conditions.
(4)The Lord Chancellor may fix charges to be made for—
(a)making information in an entry in the register available for inspection;
(b)carrying out an official search of the register;
(c)supplying a certified copy of information in an entry in the register.
(5)The proceeds of those charges are to be applied in paying the expenses incurred in maintaining the register; and any surplus is to be paid into the Consolidated Fund.
(6)If there is in force an agreement between the Lord Chancellor and a body corporate relating to the keeping by that body corporate of the register the register is to be kept by that body corporate.
(7)If, under subsection (6), the register is kept by a body corporate—
(a)the Lord Chancellor may recover from the body corporate any expenses incurred by the Lord Chancellor in connection with the supply of information to that body for the purposes of the register,
(b)subsection (4) applies as if it enabled the Lord Chancellor to fix the maximum charges to be made (instead of the charges to be made), and
(c)subsection (5) does not apply.
(8)If subsection (6) ceases to apply to a body corporate as a result of the termination (for any reason) of the agreement, the Lord Chancellor may require the information contained in the entries in the register to be transferred to such person as he may direct.
Textual Amendments
F1Words in s. 98(1)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 40(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F2Word in s. 98(1)(c)(d) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 40(c); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F3S. 98(1)(f) inserted (1.4.2009) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148(5), Sch. 8 para. 55(2); S.I. 2008/2696, art. 6(b)(ii) (with art. 3)
F4Words in s. 98(3)(a)(b) inserted (1.4.2009) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148(5), Sch. 8 para. 55(3)(a); S.I. 2008/2696, art. 6(b)(ii) (with art. 3)
F5Words in s. 98(3)(d) inserted (1.4.2009) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148(5), Sch. 8 para. 55(3)(b); S.I. 2008/2696, art. 6(b)(ii) (with art. 3)
Modifications etc. (not altering text)
C1S. 98 modified by 2006 c. 13, s. 18(1D) (as substituted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 45, 75(3); S.I. 2014/1820, art. 3(q) (with art. 6))
C2S. 98 modified (1.12.2014 for specified purposes, 1.2.2016 for E. in so far as not already in force) by Immigration Act 2014 (c. 22), ss. 31(5)(a), 75(3) (with ss. 35, 36); S.I. 2014/2771, art. 6(1)(l); S.I. 2016/11, art. 2(l)
C3S. 98 modified (temp. until 31.3.2022) (31.3.2015) by The Passenger, Crew and Service Information (Civil Penalties) Regulations 2015 (S.I. 2015/961), regs. 1(2), 8(5)(a)
C4S. 98 modified (temp. until 6.4.2028) (31.3.2015) by The Authority to Carry Scheme (Civil Penalties) Regulations 2015 (S.I. 2015/957), regs. 1(2), 7(5)(a) (as amended (6.4.2021) by The Authority to Carry Scheme and Civil Penalties Regulations 2021 (S.I. 2021/323), regs. 1(2), 3(2) (with reg. 4(2)))
C5S. 98 applied (temp. until 15.4.2022) (15.4.2015) by The Aviation Security Act 1982 (Civil Penalties) Regulations 2015 (S.I. 2015/930), reg. 1(2)(3), 8(5)(a)
C6S. 98 modified (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 5(10)(a); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)
C7S. 98 applied (10.5.2018) by The Network and Information Systems Regulations 2018 (S.I. 2018/506), regs. 1(1), 20(5)(a) (with reg. 1(5)(6))
C8S. 98 modified (20.5.2018) by The Motorcycles (Type-Approval) Regulations 2018 (S.I. 2018/235), reg. 1(b), Sch. 1 para. 8(5)(a) (with reg. 1(c), Sch. 1 paras. 16, 17)
C9S. 98 modified (20.5.2018) by The Agricultural and Forestry Vehicles (Type-Approval) Regulations 2018 (S.I. 2018/236), reg. 1(b), Sch. 1 para. 8(5)(a) (with reg. 1(c), Sch. 1 paras. 16, 17)
C10S. 98 modified (17.11.2021) by 2003 c. 21, s. 105Z21(5)(a) (as inserted by Telecommunications (Security) Act 2021 (c. 31), ss. 20, 28(1)(c))
C11S. 98 modified (4.1.2022) by National Security and Investment Act 2021 (c. 25), ss. 44(7)(a), 66(3); S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)
C12S. 98 modified (4.1.2022) by National Security and Investment Act 2021 (c. 25), ss. 47(7)(a), 66(3); S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)
C13S. 98 modified (30.6.2022) by The Electric Vehicles (Smart Charge Points) Regulations 2021 (S.I. 2021/1467), reg. 1(1), Sch. 2 para. 19(4) (with reg. 3)
C14S. 98 modified (23.6.2023) by The Register of Overseas Entities (Penalties and Northern Ireland Dispositions) Regulations 2023 (S.I. 2023/696), regs. 1(1), 9(4)
C15S. 98 modified (24.11.2023) by The Public Charge Point Regulations 2023 (S.I. 2023/1168), reg. 1(1), Sch. para. 18(5)
C16S. 98 modified (1.1.2024) by The Car, Van and Heavy Duty Vehicle Carbon Dioxide Emissions Performance Standards (Civil Penalties and Miscellaneous Amendments) Regulations 2023 (S.I. 2023/1257), regs. 1(2)(a), 5(2)(a)
C17S. 98 modified (3.1.2024) by The Vehicle Emissions Trading Schemes Order 2023 (S.I. 2023/1394), arts. 1(b), 94(6) (with art. 117)
C18S. 98 modified (29.4.2024) by Product Security and Telecommunications Infrastructure Act 2022 (c. 46), ss. 40(4)(a), 79(2); S.I. 2023/469, reg. 3
C19S. 98 modified (1.5.2024) by Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41), s. 63(4), Sch. 4 para. 5(5)(a) (with s. 61); S.I. 2024/584, reg. 2(j) (with regs. 3, 4)
C20S. 98 modified (2.5.2024) by The Economic Crime and Corporate Transparency Act 2023 (Financial Penalty) Regulations 2024 (S.I. 2024/445), regs. 1(1), 9(4)
Commencement Information
I1S. 98 partly in force at 6.4.2006; s. 98 not in force at Royal Assent see s. 110(1)(2); s. 98(1)(e)(2)(3)(c)(d)(4)-(8) in force at 26.1.2004 by S.I. 2003/3345, art. 2(c)(i); s. 98(1)(a)-(c)(3)(a)(b) in force at 6.4.2006 by S.I. 2005/3518, art. 3(a)
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