The Civil Procedure Rules 1998

[F1 SECTION 9 E+W Penal, contempt and disciplinary provisions under the County Courts Act 1984

Textual Amendments

F1 Pt. 81 inserted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 16, Sch. (with rule 20)

Scope E+W

81.33.— (1) This Section applies to [F2 County Court] only and contains rules in relation to the penal, contempt and disciplinary provisions of the County Courts Act 1984.

(2) In this Section, “the Act” means the County Courts Act 1984.

Textual Amendments

F2 Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(iii); S.I. 2014/954, art. 2(a)

Offences under sections 14, 92 or 118 of the Act E+W

81.34.— (1) This rule applies where it is alleged that any person has committed an offence–

(a) under section 14 of the Act, by assaulting an officer of the court acting in the execution of the officer’s duties;

(b) under section 92 of the Act, by rescuing or attempting to rescue any goods seized in execution; or

(c) under section 118 of the Act, by wilfully insulting a judge, juror, witness or any officer of the court or by wilfully interrupting the proceedings of [F3 the County Court] or otherwise misbehaving in court,

and the alleged offender has not been taken into custody and brought before the court.

(2) The court will issue a summons, which must be served on the alleged offender personally not less than 7 days before the day of the hearing stated in the summons.

(3) Rule 81.30 applies, with the necessary modifications, where an order is made under section 14, 92 or 118 of the Act committing a person to prison.

Textual Amendments

F3 Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(i); S.I. 2014/954, art. 2(a)

Offences under section 124 of the Act E+W

81.35.   Where a complaint is made against [F4 a person] under section 124 of the Act for having lost the opportunity of levying execution, the court will issue a summons, which must be served on the alleged offender personally not less than 7 days before the day of the hearing stated in the summons.

Textual Amendments

F4 Words in rule 81.35 substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 14 (with rule 25)

Notice to give evidence before or after a fine is imposed under section 55 of the Act E+W

81.36.— (1) Before or after imposing a fine on any person under section 55 of the Act for disobeying a witness summons or refusing to be sworn or give evidence, the court may direct that notice be given to that person in accordance with paragraph (2).

(2) The notice must state that if the recipient of the notice can demonstrate any reason why a fine should not be or should not have been imposed, that person may give evidence—

(a) by witness statement, affidavit or otherwise; and

(b) on a day named in the notice.

Non-payment of fine E+W

81.37.— (1) If a fine is not paid in accordance with the order imposing it, the court officer will, as soon as reasonably possible, report the matter to a judge.

(2) Where by an order imposing a fine—

(a) the amount of the fine is directed to be paid by instalments; and

(b) default is made in the payment of any instalment,

the same proceedings may be taken as if default had been made in payment of the whole of the fine.

(3) If the court makes an order for payment of a fine to be enforced by warrant of [F5 control], the order will be treated as an application to the court for the issue of the warrant at the time when the order was made.

Textual Amendments

F5 Word in rule 81.37(3) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 15 (with rule 25)

Repayment of fine E+W

81.38.   If a person pays a fine and later gives evidence to satisfy the court that, if the evidence had been given earlier, no fine or a smaller fine would have been imposed, the court may order the whole or part of the fine to be repaid.]