SCHEDULE 1E+W

Commencement Information

I1Sch. 1 in force at 26.4.1999, see Signature

RSC ORDER 95E+WBILLS OF SALE ACTS 1878(1) AND 1882(2) AND THE INDUSTRIAL AND PROVIDENT SOCIETIES ACT 1967(3)

Entry of satisfactionE+W

Rule 2—(1) Every application under section 15 of the Bills of Sale Act 1878, to a master of the Queen’s Bench Division for an order that a memorandum of satisfaction be written on a registered copy of a bill of sale must [F1be made by claim form.]

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(1A) If a consent to the satisfaction signed by the person entitled to the benefit of the bill of sale can be obtained, from claim form and the documents set out in paragraph (2) must not be served on any other person.]

(2) [F4Where paragraph (1A) applies, the claim form] must be supported by—

(a)particulars of the consent referred to in that paragraph; and

(b)a witness statement or affidavit by a witness who attested the consent verifying the signature on it.

(3) [F5Where paragraph (1A) does not apply, the claim form] must be served on the person entitled to the benefit of the bill of sale and must be supported by evidence that the debt (if any) for which the bill of sale was made has been satisfied or discharged.

Textual Amendments

F2Sch. 1 RSC Order 95 rule 2(1)(a)(b) omitted (26.4.1999) by virtue of The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 49(a)(i)

F3Sch. 1 RSC Order 95 rule 2(1A) inserted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 49(b)