The Register of County Court Judgments (Amendment) Regulations 1993

Statutory Instruments

1993 No. 710 (L.9)

COUNTY COURTS

The Register of County Court Judgments (Amendment) Regulations 1993

Made

5th March 1993

Laid before Parliament

15th March 1993

Coming into force

5th April 1993

The Lord Chancellor, in exercise of the powers conferred on him by section 73(2) of the County Courts Act 1984(1), hereby makes the following Regulations:

1.—(1) These Regulations may be cited as the Register of County Court Judgments (Amendment) Regulations 1993 and shall come into force on 5th April 1993.

(2) In these Regulations, unless the context otherwise requires, a regulation referred to by number means the regulation so numbered in the Register of County Court Judgments Regulations 1985(2).

2.—(1) For regulation 4, there shall be substituted the following regulation—

“Registration of judgments

4.   Subject to the following provisions of these Regulations, the proper officer of every county court shall transmit to the Keeper of the Register a return of every judgment entered in a county court for a sum of money except—

(a) a judgment made in family proceedings,

(b) an order made under section 112A of the Act, and

(c) such judgments or classes of judgment as are exempt from registration pursuant to regulation 5.

In this regulation “family proceedings” has the same meaning as in the Matrimonial and Family Proceedings Act 1984(3) and also includes any other proceedings which are family proceedings for the purposes of the Children Act 1989(4).”.

(2) Where an administration order is made on an application issued before 31st March 1993, regulation 4 shall have effect as if these Regulations had not been made and, in this paragraph, “application” means on filing a request or furnishing a list of creditors in accordance with Order 39, rule 5 of the County Court Rules 1981(5).

3.  Regulation 5 shall be amended by inserting, after paragraph (2), the following new paragraph—

“(2A) An order for the recovery—

(a) of increased penalty charges provided for in a parking charge certificate issued under paragraph 6 of Schedule 6 to the Road Traffic Act 1991(6); or

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

shall be exempt from registration.

Expressions which are used in the Road Traffic Act 1991 have the same meaning in this paragraph as they have in that Act.”.

4.  After regulation 8, there shall be inserted the following new regulation—

“8A.   Regulation 8 shall apply with the necessary modifications where the judgment debtor wishes to have marked as satisfied an administration order which has been entered on the Register.”.

Mackay of Clashfern, C.

Dated 5th March 1993

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Register of County Court Judgment Regulations 1985 so as to

(a) provide for the registration (and the satisfaction) of administration orders made on applications issued on or after 31st March 1993 (when the County Court (Amendment) Rules 1993, S.I. 1993/711 (L.10) come into force) (regulations 2 and 4);

(b) exempt from registration orders made to recover certain parking charges and related orders (regulation 3).

(1)

1984 c. 28; section 73 was amended by the Administration of Justice Act 1985 (c. 61), section 54 and by the Courts and Legal Services Act 1990 (c. 41), Schedule 17, paragraph 14.

(2)

S.I. 1985/1807; the relevant amending instruments are S.I. 1986/2001, 1990/491, 768 and 1991/1815.

(3)

1984 c. 42.

(4)

1989 c. 41.

(5)

S.I. 1981/1687; Order 39, rule 5 is amended by S.I. 1984/878 and, with effect from 31st March 1993, by the County Court (Amendment) Rules 1993, S.I. 1993/711 (L.10).

(6)

1991 c. 40.