I1C1C2SCHEDULE 2

Rule 50(4)

Annotations:
Commencement Information
I1

Sch. 2 in force at 26.4.1999, see Signature

Modifications etc. (not altering text)
C2

Sch. 2 applied (with modifications) (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.1(2) (with rules 2.1, 33.1(1))

CCR ORDER 1CITATION, APPLICATION AND INTERPRETATION

Application of RSC to county court proceedingsRule 6

Where by virtue of these rules or section 76 of the Act or otherwise any provision of the RSC is applied in relation to proceedings in a county court, that provision shall have effect with the necessary modifications and in particular—

b

any reference in that provision to a master, district judge of the principal registry of the Family Division, the Admiralty registrar, or a district judge or taxing officer shall be construed as a reference to the district judge of the county court; and

d

any reference in that provision to an office of the F88Senior Courts having the conduct of the business of a division or court or a district registry shall be construed as a reference to the county court office.

CCR ORDER 3COMMENCEMENT OF PROCEEDINGS

Appeals to county courtF6Rule 6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CCR ORDER 4VENUE FOR BRINGING PROCEEDINGS

Proceedings relating to landF56Rule 3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F68CCR ORDER 5CAUSES OF ACTION AND PARTIES

Annotations:
Amendments (Textual)

Representative proceedingsF68F5Rule 5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Representation of person or classF68F5Rule 6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Representation of estate where no personal representativeF68F5Rule 7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings against estatesF68F5Rule 8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Partners may sue and be sued in firm nameF68Rule 9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Defendant carrying on business in another nameF68Rule 10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Failure to proceed after death of partyF68F50Rule 12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Claim to money in court where change in parties after judgmentF68F50Rule 13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Bankruptcy of claimantF68F50Rule 14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CCR ORDER 6PARTICULARS OF CLAIM

Recovery of landF21Rule 3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mortgage claimF22Rule 5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mortgage claim—dwelling-houseF23Rule 5A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Hire-purchaseF55Rule 6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CCR ORDER 7SERVICE OF DOCUMENTS

Recovery of landF24Rule 15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mortgage possession claimsF24Rule 15A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CCR ORDER 13APPLICATIONS AND ORDERS IN THE COURSE OF PROCEEDINGS

General provisionsF7Rule 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CCR ORDER 16TRANSFER OF PROCEEDINGS

Interpleader proceedings under executionRule 7

1

This rule applies to interpleader proceedings under an execution which are ordered to be transferred from the High Court.

F611A

In this rule references to the sheriff shall be interpreted as including references to an individual authorised to act as an enforcement officer under the Courts Act 2003.

2

Notice of the hearings or pre-trial review of the proceedings shall be given by the court officer to the sheriff as well as to every other party to the proceedings.

3

The interpleader claimant shall, within 8 days of the receipt by him of the notice referred to in paragraph (2), file in triplicate particulars of any goods alleged to be his property and the grounds of his interpleader claim and the court officer shall send a copy to the execution creditor and to the sheriff, but the judge may hear the proceedings or, as the case may be, the district judge may proceed with the pre-trial review, if he thinks fit, notwithstanding that the particulars have not been filed.

4

Subject to any directions in the order of the High Court, damages may be claimed against the execution creditor in the same manner as in interpleader proceedings commenced in a county court.

5

On any day fixed for the pre-trial review of the proceedings or for the hearing of any application by the sheriff or other party for directions the court may order the sheriff—

a

to postpone the sale of the goods seized;

b

to remain in possession of such goods until the hearing of the proceedings; or

c

to hand over possession of such goods to the district judge,

and, where a direction is given under sub-paragraph (c), the district judge shall be allowed reasonable charges for keeping possession of the goods, not exceeding those which might be allowed to the sheriff, and, if the district judge is directed to sell the goods, such charges for the sale as would be allowed under an execution issued by the county court.

6

No order made in the proceedings shall prejudice or affect the rights of the sheriff to any proper charges and the judge may make such order with respect to them as may be just.

7

The charges referred to in paragraphs (5) and (6) shall ultimately be borne in such manner as the judge shall direct.

8

The order made at the hearing of the proceedings shall direct how any money in the hands of the sheriff is to be disposed of.

F51CCR ORDER 19REFERENCE TO EUROPEAN COURT

Annotations:
Amendments (Textual)

Making and transmission of orderF51Rule 15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F97CCR ORDER 22JUDGMENTS AND ORDERS

Annotations:
Amendments (Textual)
F97

Sch. 2 CCR Order 22 omitted (6.4.2014) by virtue of The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 38(a) (with rule 41)

Certificate of judgmentF97Rule 8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Variation of paymentF97Rule 10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Set-off of cross-judgmentsF97Rule 11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Order of appellate courtF97Rule 13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F98CCR ORDER 24SUMMARY PROCEEDINGS FOR THE RECOVERY OF LAND

Annotations:
Amendments (Textual)
F98

Sch. 2 CCR Order 24 omitted (6.4.2014) by virtue of The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 38(b) (with rule 41)

Part I—Land

Proceedings to be by claim formF98Rule 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Witness statement or affidavit in supportF98Rule 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service of claim formF98Rule 3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application by occupier to be made a partyF98Rule 4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Hearing of claimF98Rule 5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Warrant of possessionF98Rule 6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Setting aside orderF98Rule 7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II—Interim Possession Orders

Definitions and interpretationF98Rule 8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions for interim possession order applicationF98Rule 9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Issue of the applicationsF98Rule 10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service of the notice of applicationF98Rule 11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consideration of the applicationF98Rule 12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service and enforcement of the interim possession orderF98Rule 13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Matters arising after making of an interim possession orderF98Rule 14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application to set aside an interim possession orderF98Rule 15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F99CCR ORDER 25ENFORCEMENT OF JUDGMENTS AND ORDERS: GENERAL

Annotations:
Amendments (Textual)
F99

Sch. 2 CCR Order 25 omitted (6.4.2014) by virtue of The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 38(c) (with rule 41)

Judgment creditor and debtorF99Rule 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of proceedings for enforcementF99Rule 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Oral examination of debtorF99Rule 3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Examination of debtor under judgment not for moneyF99Rule 4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of informationF99Rule 5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interest on judgment debtsF99Rule 5A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Description of partiesF99Rule 6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recording and giving information as to warrants and ordersF99Rule 7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspension of judgment or executionF99Rule 8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of judgment or order against firmF99Rule 9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcing judgment between a firm and its membersF99Rule 10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of High Court judgmentF99Rule 11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of award of tribunalF99Rule 12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer to High Court for enforcementF99Rule 13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100CCR ORDER 26WARRANTS OF EXECUTION, DELIVERY AND POSSESSION

Annotations:
Amendments (Textual)
F100

Sch. 2 CCR Order 26 omitted (6.4.2014) by virtue of The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 38(d) (with rule 41)

Application for warrant of executionF100Rule 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Execution of High Court judgmentF100Rule 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Execution against farmerF100Rule 3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Concurrent warrantsF100Rule 4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Permission to issue certain warrantsF100Rule 5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duration and renewal of warrantF100Rule 6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice on levyF100Rule 7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Bankruptcy or winding up of debtorF100Rule 8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Withdrawal and suspension of warrant at creditor’s requestF100Rule 10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspension of part warrantF100Rule 11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inventory and notice where goods removedF100Rule 12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Account of saleF100Rule 13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification to foreign court of payment madeF100Rule 14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Order for private saleF100Rule 15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Warrant of deliveryF100Rule 16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Warrant of possessionF100Rule 17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Saving for enforcement by committalF100Rule 18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C11CCR ORDER 27ATTACHMENT OF EARNINGS

Annotations:
Modifications etc. (not altering text)

Part I—General

InterpretationRule 1

1

In this Order—

  • “the Act of 1971” means the Attachment of Earnings Act 1971271 and, unless the context otherwise requires, expressions used in that Act have the same meanings as in that Act;

  • F102“judgment creditor” means the person who has obtained or is entitled to enforce a judgment or order;

  • “debtor” means the person against whom a judgment or order was given or made.

Index of ordersRule 2

1

The court officer of every court shall keep a nominal index of the debtors residing within the district of his court in respect of whom there are in force attachment of earnings orders which have been made by that court or of which the court officer has received notice from another court.

2

Where a debtor in respect of whom a court has made an attachment of earnings order resides within the district of another court, the court officer of the first-mentioned court shall send a copy of the order to the court officer of the other court for entry in his index.

3

The court officer shall, on the request of any person having a judgment or order against a person believed to be residing within the district of the court, cause a search to be made in the index of the court and issue a certificate of the result of the search.

Appropriate courtRule 3

1

Subject to paragraphs F89(2), (3) and (4), an application for an attachment of earnings order may be made to the court for the district in which the debtor resides.

2

F90Subject to paragraph (4), if the debtor does not reside within England or Wales, or the creditor does not know where F91the debtor resides, the application may be made to the court in which, or for the district in which, the judgment or order sought to be enforced was obtained.

3

F92Subject to paragraph (4), where the creditor applies for attachment of earnings orders in respect of two or more debtors jointly liable under a judgment or order, the application may be made to the court for the district in which any of the debtors resides, so however that if the judgment or order was given or made by any such court, the application shall be made to that court.

F934

Where the judgment was made in Northampton County Court in respect of a designated money claim and the proceedings have not since been transferred to a different court, the application must be made in accordance with section 2 of Practice Direction 70.

Mode of applyingRule 4

1

A judgment creditor who desires to apply for an attachment of earnings order shall file his application certifying the amount of money remaining due under the judgment or order and that the whole or part of any instalment due remains unpaid and, where it is sought to enforce an order of a magistrates' court—

a

a certified copy of the order; and

b

a witness statement or affidavit verifying the amount due under the order or, if payments under the order are required to be made to the F17F63designated officer for the magistrates' court, a certificate by that F63designated officer to the same effect.

2

On the filing of the documents mentioned in paragraph (1) the court officer shall, where the order to be enforced is a maintenance order, fix a day for the hearing of the application.

Service and replyRule 5

F121

Notice of the application together with a form of reply in the appropriate form, shall be served on the debtor in the manner F48set out in CPR rule F866.20.

2

The debtor shall, within 8 days after service on him of the documents mentioned in paragraph (1), file a reply in the form provided, and the instruction to that effect in the notice to the debtor shall constitute a requirement imposed by virtue of section 14 (4) of the Act of 1971:

Provided that no proceedings shall be taken for an offence alleged to have been committed under section 23 (2)(c) or (f) of the Act of 1971 in relation to the requirement unless the said documents have been served on the debtor personally or the court is satisfied that they came to his knowledge in sufficient time for him to comply with the requirement.

2A

Nothing in paragraph (2) shall require a defendant to file a reply if, within the period of time mentioned in that paragraph, he pays to the judgment creditor the money remaining due under the judgment or order and, where such payment is made, the judgment creditor shall so inform the court officer.

3

On receipt of a reply the court officer shall send a copy to the applicant.

Notice to employerRule 6

Without prejudice to the powers conferred by section 14 (1) of the Act of 1971, the court officer may, at any stage of the proceedings, send to any person appearing to have the debtor in his employment a notice requesting him to give to the court, within such period as may be specified in the notice, a statement of the debtor’s earnings and anticipated earnings with such particulars as may be so specified.

Attachment of earnings orderRule 7

1

On receipt of the debtor’s reply, the court officer may, if he has sufficient information to do so, make an attachment of earnings order and a copy of the order shall be sent to the parties and to the debtor’s employer.

2

Where an order is made under paragraph (1), the judgment creditor or the debtor may, within 14 days of service of the order on him and giving his reasons, apply on notice for the order to be re-considered and the court officer shall fix a day for the hearing of the application and give to the judgment creditor and the debtor not less than 2 days' notice of the day so fixed.

3

On hearing an application under paragraph (2), the district judge may confirm the order or set it aside and make such new order as he thinks fit and the order so made shall be entered in the records of the court.

4

Where an order is not made under paragraph (1), the court officer shall refer the application to the district judge who shall, if he considers that he has sufficient information to do so without the attendance of the parties, determine the application.

5

Where the district judge does not determine the application under paragraph (4), he shall direct that a day be fixed for the hearing of the application whereupon the court officer shall fix such a day and give to the judgment creditor and the debtor not less than 8 days' notice of the day so fixed.

6

Where an order is made under paragraph (4), the judgment creditor or the debtor may, within 14 days of service of the order on him and giving his reasons, apply on notice for the order to be re-considered; and the court officer shall fix a day for the hearing of the application and give to the judgment creditor and the debtor not less than 2 days' notice of the day so fixed.

7

On hearing an application under paragraph (6), the district judge may confirm the order or set it aside and make such new order as he thinks fit and the order so made shall be entered in the records of the court.

8

If the creditor does not appear at the hearing of the application under paragraph (5) but—

a

the court has received a witness statement or affidavit of evidence from him; or

b

the creditor requests the court in writing to proceed in his absence,

the court may proceed to hear the application and to make an order thereon.

9

An attachment of earnings order may be made to secure the payment of a judgment debt if the debt is—

a

of not less than £50; or

b

for the amount remaining payable under a judgment for a sum of not less than £50.

Failure by debtorRule 7A

1

If the debtor has failed to comply with rule 5 (2) or to make payment to the judgment creditor, the court officer may issue an order under section 14 (1) of the Act of 1971 which shall—

a

be indorsed with or incorporate a notice warning the debtor of the consequences of disobedience to the order;

b

be served on the debtor personally; and

c

direct that any payments made thereafter shall be paid into the court and not direct to the judgment creditor.

2

Without prejudice to rule 16, if the person served with an order made pursuant to paragraph (1) fails to obey it or to file a statement of his means or to make payment, the court officer shall issue a notice calling on that person to show good reason why he should not be imprisoned and any such notice shall be served on the debtor personally not less than 5 days before the hearing.

F963

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

In this rule “statement of means” means a statement given under section 14 (1) of the Act of 1971.

Suspended committal orderRule 7B

1

If the debtor fails to attend at an adjourned hearing of an application for an attachment of earnings order and a committal order is made, the judge or district judge may direct that the committal order shall be suspended so long as the debtor attends at the time and place specified in the committal order and paragraphs (2), (4) and (5) of Order 28, rule 7 shall apply, with the necessary modifications, where such a direction is given as they apply where a direction is given under paragraph (1) of that rule.

2

Where a committal order is suspended under paragraph (1) and the debtor fails to attend at the time and place specified under paragraph (1), a certificate to that effect given by the court officer shall be sufficient authority for the issue of a warrant of committal.

Failure by debtor—maintenance ordersRule 8

1

An order made under section 23 (1) of the Act of 1971272 for the attendance of the debtor at an adjourned hearing of an application for an attachment of earnings order to secure payments under a maintenance order shall—

a

be served on the debtor personally not less than 5 days before the day fixed for the adjourned hearing; and

b

direct that any payments made thereafter shall be paid into the court and not direct to the judgment creditor.

2

An application by a debtor for the revocation of an order committing him to prison and, if he is already in custody, for his discharge under subsection (7) of the said section 23 shall be made to the judge or district judge in writing without notice to any other party showing the reasons for the debtor’s failure to attend the court or his refusal to be sworn or to give evidence, as the case may be, and containing an undertaking by the debtor to attend the court or to be sworn or to give evidence when next ordered or required to do so.

3

The application shall, if the debtor has already been lodged in prison, be attested by the governor of the prison (or any other officer of the prison not below the rank of principal officer) and in any other case be made on witness statement or affidavit.

4

Before dealing with the application the judge or district judge may, if he thinks fit, cause notice to be given to the judgment creditor that the application has been made and of a day and hour when he may attend and be heard.

CostsC12Rule 9

1

Where costs are allowed to the judgment creditor on an application for an attachment of earnings order, there may be allowed—

a

a charge of a solicitor for attending the hearing and, if the court so directs, for serving the application;

b

if the court certifies that the case is fit for counsel, a fee to counsel; and

c

the court fee on the issue of the application.

2

For the purpose of paragraph (1)(a) a solicitor who has prepared on behalf of the judgment creditor a witness statement or affidavit or request under rule 7 (8) shall be treated as having attended the hearing.

3

The costs may be fixed and allowed without detailed assessment under CPR Part 47.

Contents and service of orderRule 10

1

An attachment of earnings order shall contain such of the following particulars relating to the debtor as are known to the court, namely—

a

his full name and address;

b

his place of work; and

c

the nature of his work and his works number, if any,

and those particulars shall be the prescribed particulars for the purposes of section 6 (3) of the Act of 1971.

2

An attachment of earnings order and any order varying or discharging such an order shall be served on the debtor and on the person to whom the order is directed, and CPR Part 6 and CPR rules 40.4 and 40.5 shall apply with the further modification that where the order is directed to a corporation which has requested the court that any communication relating to the debtor or to the class of persons to whom he belongs shall be directed to the corporation at a particular address, service may, if the district judge thinks fit, be effected on the corporation at that address.

3

Where an attachment of earnings order is made to enforce a judgment or order of the High Court or a magistrates' court, a copy of the attachment of earnings order and of any order discharging it shall be sent by the court officer of the county court to the court officer of the High Court, or, as the case may be, the F18F64designated officer for the magistrates' court.

Application to determine whether particular payments are earningsRule 11

An application to the court under section 16 of the Act of 1971 to determine whether payments to the debtor of a particular class or description are earnings for the purpose of an attachment of earnings order may be made to the district judge in writing and the court officer shall thereupon fix a date and time for the hearing of the application by the court and give notice thereof to the persons mentioned in the said section 16 (2)(a), (b) and (c).

Notice of cesserRule 12

Where an attachment of earnings order ceases to have effect under section 8 (4) of the Act of 1971, the court officer of the court in which the matter is proceeding shall give notice of the cesser to the person to whom the order was directed.

Variation and discharge by court of own motionRule 13

1

Subject to paragraph (9), the powers conferred by section 9 (1) of the Act of 1971 may be exercised by the court of its own motion in the circumstances mentioned in the following paragraphs.

2

Where it appears to the court that a person served with an attachment of earnings order directed to him has not the debtor in his employment, the court may discharge the order.

3

Where an attachment of earnings order which has lapsed under section 9 (4) of the Act of 1971 is again directed to a person who appears to the court to have the debtor in his employment, the court may make such consequential variations in the order as it thinks fit.

4

Where, after making an attachment of earnings order, the court makes or is notified of the making of another such order in respect of the same debtor which is not to secure the payment of a judgment debt or payments under an administration order, the court may discharge or vary the first-mentioned order having regard to the priority accorded to the other order by paragraph 8 of Schedule 3 to the Act of 1971.

5

Where, after making an attachment of earnings order, the court makes an order under section 4 (1)(b) of the Act of 1971273 or makes an administration order, the court may discharge the attachment of earnings order or, if it exercises the power conferred by section 5 (3) of the said Act, may vary the order in such manner as it thinks fit.

6

On making a consolidated attachment of earnings order the court may discharge any earlier attachment of earnings order made to secure the payment of a judgment debt by the same debtor.

7

Where it appears to the court that a bankruptcy order has been made against a person in respect of whom an attachment of earnings order is in force to secure the payment of a judgment debt, the court may discharge the attachment of earnings order.

8

Where an attachment of earnings order has been made to secure the payment of a judgment debt and the court grants permission to issue execution for the recovery of the debt, the court may discharge the order.

9

Before varying or discharging an attachment of earnings order of its own motion under any of the foregoing paragraphs of this rule, the court shall, unless it thinks it unnecessary in the circumstances to do so, give the debtor and the person on whose application the order was made an opportunity of being heard on the question whether the order should be varied or discharged, and for that purpose the court officer may give them notice of a date, time and place at which the question will be considered.

Transfer of attachment orderRule 14

1

Where the court by which the question of making a consolidated attachment order falls to be considered is not the court by which any attachment of earnings order has been made to secure the payment of a judgment debt by the debtor, the district judge of the last-mentioned court shall, at the request of the district judge of the first-mentioned court, transfer to that court the matter in which the attachment of earnings order was made.

2

Without prejudice to paragraph (1), if in the opinion of the judge or district judge of any court by which an attachment of earnings order has been made, the matter could more conveniently proceed in some other court, whether by reason of the debtor having become resident in the district of that court or otherwise, he may order the matter to be transferred to that court.

3

The court to which proceedings arising out of an attachment of earnings are transferred under this rule shall have the same jurisdiction in relation to the order as if it has been made by that court.

Exercise of power to obtain statement of earnings etc.Rule 15

1

An order under section 14 (1) of the Act of 1971 shall be indorsed with or incorporate a notice warning the person to whom it is directed of the consequences of disobedience to the order and shall be served on him personally.

2

Order 34, rule 2, shall apply, with the necessary modifications, in relation to any penalty for failure to comply with an order under the said section 14 (1) or, subject to the proviso to rule 5 (2), any penalty for failure to comply with a requirement mentioned in that rule, as it applies in relation to a fine under section 55 of the County Courts Act 1984274.

OffencesRule 16

1

Where it is alleged that a person has committed any offence mentioned in section 23 (2)(a), (b), (d), (e) or (f) of the Act of 1971 in relation to proceedings in, or to an attachment of earnings order made by, a county court, the district judge shall, unless it is decided to proceed against the alleged offender summarily, issue a summons calling upon him to show cause why he should not be punished for the alleged offence.

The summons shall be served on the alleged offender personally not less than 14 days before the return day.

2

Order 34, rules 3 and 4, shall apply, with the necessary modifications, to proceedings for an offence under section 23 (2) of the Act of 1971 as they apply to proceedings for offences under the County Courts Act 1984275.

Maintenance ordersRule 17

1

The foregoing rules of this Order shall apply in relation to maintenance payments as they apply in relation to a judgment debt, subject to the following paragraphs.

2

An application for an attachment of earnings order to secure payments under a maintenance order made by a county court shall be made to that county court.

3

Any application under section 32 of the Matrimonial Causes Act 1973276 for permission to enforce the payment of arrears which became due more than 12 months before the application for an attachment of earnings order shall be made in that application.

F133A

Notice of the application together with a form of reply in the appropriate form, shall be served on the debtor in the manner F38set out in CPR rule F876.20.

F113B

Service of the notice shall be effected not less than 21 days before the hearing, but service may be effected at any time before the hearing on the applicant satisfying the court by witness statement or affidavit that the respondent is about to remove from his address for service.

F103C

F1... Rule 5 (2A) shall not apply.

4

An application by the debtor for an attachment of earnings order to secure payments under a maintenance order may be made on the making of the maintenance order or an order varying the maintenance order, and rules 4 and 5 shall not apply.

5

Rule 7 shall have effect as if for paragraphs (1) to (8) there were substituted the following paragraph—

1

An application for an attachment of earnings order may be heard and determined by the district judge, who shall hear the application in private.

6

Rule 9 shall apply as if for the reference to the amount payable under the relevant adjudication there were substituted a reference to the arrears due under the related maintenance order.

7

Where an attachment of earnings order made by the High Court designates the court officer of a county court as the collecting officer, that officer shall, on receipt of a certified copy of the order from the court officer of the High Court, send to the person to whom the order is directed a notice as to the mode of payment.

8

Where an attachment of earnings order made by a county court to secure payments under a maintenance order ceases to have effect and—

a

the related maintenance order was made by that court; or

b

the related maintenance order was an order of the High Court and—

i

the court officer of the county court has received notice of the cessation from the court officer of the High Court; or

ii

a committal order has been made in the county court for the enforcement of the related maintenance order,

the court officer of the county court shall give notice of the cessation to the person to whom the attachment of earnings order was directed.

9

Where an attachment of earnings order has been made by a county court to secure payments under a maintenance order, notice under section 10 (2) of the Act of 1971 to the debtor and to the person to whom the district judge is required to pay sums received under the order shall be in the form provided for that purpose, and if the debtor wishes to request the court to discharge the attachment of earnings order or to vary it otherwise than by making the appropriate variation, he shall apply to the court, within 14 days after the date of the notice, for the remedy desired.

10

Rule 13 shall have effect as if for paragraphs (4) to (7) there were substituted the following paragraph:—

4

Where it appears to the court by which an attachment of earnings order has been made that the related maintenance order has ceased to have effect, whether by virtue of the terms of the maintenance order or under section 28 of the Matrimonial Causes Act 1973277 or otherwise, the court may discharge or vary the attachment of earnings order.

Part II—Consolidated Attachment of Earnings Orders

Cases in which consolidated order may be madeRule 18

Subject to the provisions of rules 19 to 21, the court may make a consolidated attachment order where—

a

two or more attachment of earnings orders are in force to secure the payment of judgment debts by the same debtor; or

b

on an application for an attachment of earnings order to secure the payment of a judgment debt, or for a consolidated attachment order to secure the payment of two or more judgment debts, it appears to the court that an attachment of earnings order is already in force to secure the payment of a judgment debt by the same debtor.

Application for consolidated orderRule 19

1

An application for a consolidated attachment order may be made—

a

by the debtor in respect of whom the order is sought; or

b

by any person who has obtained or is entitled to apply for an attachment of earnings order to secure the payment of a judgment debt by that debtor.

2

An application under paragraph (1) may be made in the proceedings in which any attachment of earnings order (other than a priority order) is in force and rules 3, 4 and 5 of this Order shall not apply.

3

Where the judgment which it is sought to enforce was not given by the court which made the attachment of earnings order, the judgment shall be automatically transferred to the court which made the attachment of earnings order.

3A

An application under paragraph (1)(b) shall certify the amount of money remaining due under the judgment or order and that the whole or part of any instalment due remains unpaid.

3B

Where an application for a consolidated attachment of earnings order is made, the court officer shall—

a

notify any party who may be affected by the application of its terms; and

b

require him to notify the court in writing, within 14 days of service of notification upon him, giving his reasons for any objection he may have to the granting of the application.

3C

If notice of any objection is not given within the time stated, the court officer shall make a consolidated attachment of earnings order.

3D

If any party objects to the making of a consolidated attachment of earnings order, the court officer shall refer the application to the district judge who may grant the application after considering the objection made and the reasons given.

3E

In the foregoing paragraphs of this rule, a party affected by the application means—

a

where the application is made by the debtor, the creditor in the proceedings in which the application is made and any other creditor who has obtained an attachment of earnings order which is in force to secure the payment of a judgment debt by the debtor;

b

where the application is made by the judgment creditor, the debtor and every person who, to the knowledge of the applicant, has obtained an attachment of earnings order which is in force to secure the payment of a judgment debt by the debtor.

4

A person to whom two or more attachment of earnings orders are directed to secure the payment of judgment debts by the same debtor may request the court in writing to make a consolidated attachment order to secure the payment of those debts, and on receipt of such a request paragraphs (3B) to (3E) shall apply, with the necessary modifications, as if the request were an application by the judgment creditor.

Making of consolidated order by court of its own motionRule 20

Where an application is made for an attachment of earnings order to secure the payment of a judgment debt by a debtor in respect of whom an attachment of earnings order is already in force to secure the payment of another judgment debt and no application is made for a consolidated attachment order, the court officer may make such an order of his own motion after giving all persons concerned an opportunity of submitting written objections.

Extension of consolidated orderRule 21

1

Where a consolidated attachment order is in force to secure the payment of two or more judgment debts, any creditor to whom another judgment debt is owed by the same judgment debtor may apply to the court by which the order was made for it to be extended so as to secure the payment of that debt as well as the first-mentioned debts and, if the application is granted, the court may either vary the order accordingly or may discharge it and make a new consolidated attachment order to secure payment of all the aforesaid judgment debts.

2

An application under this rule shall be treated for the purposes of rules 19 and 20 as an application for a consolidated attachment order.

Payments under consolidated orderRule 22

Instead of complying with section 13 of the Act of 1971, a court officer who receives payments made to him in compliance with a consolidated attachment order shall, after deducting such court fees, if any, in respect of proceedings for or arising out of the order as are deductible from those payments, deal with the sums paid as he would if they had been paid by the debtor to satisfy the relevant adjudications in proportion to the amounts payable thereunder, and for that purpose dividends may from time to time be declared and distributed among the creditors entitled thereto.

CCR ORDER 28JUDGMENT SUMMONSES

F103DefinitionsRule A1

In this Order—

a

“judgment creditor” means the person who has obtained or is entitled to enforce a judgment or order; and

b

“debtor” means the person against whom a judgment or order was given or made.

Application for judgment summonsC3Rule 1

1

An application for the issue of a judgment summons may be made to the court for the district in which the debtor resides or carries on business or, if the summons is to issue against two or more persons jointly liable under the judgment or order sought to be enforced, in the court for the district in which any of the debtors resides or carries on business.

2

The judgment creditor shall make his application by filing a request in that behalf certifying the amount of money remaining due under the judgment or order, the amount in respect of which the judgment summons is to issue and that the whole or part of any instalment due remains unpaid.

F363

The judgment creditor must file with the request all written evidence on which he intends to rely.

F104Description of partiesRule 1A

1

This rule applies where the name or address of the judgment creditor or debtor as given in the request for the issue of a judgment summons differs from that person’s name or address in the judgment or order sought to be enforced.

2

If the judgment creditor files a witness statement that satisfies the court officer that the name or address as given in the request is applicable to the person concerned, the judgment creditor or the debtor will be described in the judgment summons as “CD of [name and address as given in the request] suing [or sued] as AD of [name and address in the judgment or order]”.

Mode of serviceC4C13Rule 2

1

Subject to paragraph (2), a judgment summons shall be served personally on every debtor against whom it is issued.

2

Where the judgment creditor or F77the judgment creditor’s solicitor gives a certificate for postal service in respect of a debtor residing or carrying on business within the district of the court, F78the judgment summons will, unless the district judge otherwise directs, be served on that debtor by F79... the court F80sending it to the debtor by first-class post at the address stated in the request for the judgment summons and, unless the contrary is shown, F81the date of service is deemed to be the seventh day after the date on which the judgment summons was sent to the debtor.

3

Where a judgment summons has been served on a debtor in accordance with paragraph (2), no order of commitment shall be made against him unless—

a

he appears at the hearing; or

F44b

it is made under section 110(2) of the Act.

F454

The written evidence on which the judgment creditor intends to rely must be served with the judgment summons.

Time for serviceC5Rule 3

1

F39The judgment summons and written evidence must be served not less than 14 days before the day fixed for the hearing.

2

A notice of non-service F82will be sent pursuant to CPR rule F836.18 in respect of a judgment summons which has been sent by post under rule 2 (2) and has been returned to the court F84... undelivered.

3

CPR rules 7.5 and 7.6 F85... apply, with the necessary modifications, to a judgment summons as they apply to a claim form.

Enforcement of debtor’s attendanceRule 4

1

Order 27, rules 7B and 8, shall apply, with the necessary modifications, to an order made under section 110 (1) of the Act for the attendance of the debtor at an adjourned hearing of a judgment summons as they apply to an order made under section 23 (1)of the Attachment of Earnings Act 1971278 for the attendance of the debtor at an adjourned hearing of an application for an attachment of earnings order.

F371A

An order made under section 110(1) of the Act must be served personally on the judgment debtor.

1B

Copies of—

a

the judgment summons; and

b

the written evidence,

must be served with the order.

2

At the time of service of the order there shall be paid or tendered to the debtor a sum reasonably sufficient to cover his expenses in travelling to and from the court, unless such a sum was paid to him at the time of service of the judgment summons.

F46EvidenceC6Rule 5

1

No person may be committed on an application for a judgment summons unless—

a

the order is made under section 110(2) of the Act; or

b

the judgment creditor proves that the debtor—

i

has or has had since the date of the judgment or order the means to pay the sum in respect of which he has made default; and

ii

has refused or neglected or refuses or neglects to pay that sum.

2

The debtor may not be compelled to give evidence.

Suspension of committal orderC10C7Rule 7

1

If on the hearing of a judgment summons a committal order is made, the judge may direct execution of the order to be suspended to enable the debtor to pay the amount due.

2

A note of any direction given under paragraph (1) shall be entered in the records of the court and notice of the suspended committal order shall be sent to the debtor.

3

Where a judgment summons is issued in respect of one or more but not all of the instalments payable under a judgment or order for payment by instalments and a committal order is made and suspended under paragraph (1), the judgment or order shall, unless the judge otherwise orders, be suspended for so long as the execution of the committal order is suspended.

4

Where execution of a committal order is suspended under paragraph (1) and the debtor subsequently desires to apply for a further suspension, the debtor shall attend at or write to the court office and apply for the suspension he desires, stating the reasons for his inability to comply with the terms of the original suspension, and the court shall fix a day for the hearing of the application by the judge and give at least 3 days' notice thereof to the judgment creditor and the debtor.

5

The district judge may suspend execution of the committal order pending the hearing of an application under paragraph (4).

New order on judgment summonsRule 8

1

Where on the hearing of a judgment summons, the judge makes a new order for payment of the amount of the judgment debt remaining unpaid, there shall be included in the amount payable under the order for the purpose of any enforcement proceedings, otherwise than by judgment summons, any amount in respect of which a committal order has already been made and the debtor imprisoned.

2

No judgment summons under the new order shall include any amount in respect of which the debtor was imprisoned before the new order was made, and any amount subsequently paid shall be appropriated in the first instance to the amount due under the new order.

Notification of order on judgment of High CourtC9C8Rule 9

1

Notice of the result of the hearing of a judgment summons on a judgment or order of the High Court shall be sent by the county court to the High Court.

F472

If a committal order or a new order for payment is made on the hearing, the office copy of the judgment or order filed in the county court shall be deemed to be a judgment or order of the court in which the judgment summons is heard.

Costs on judgment summonsC14Rule 10

1

No costs shall be allowed to the judgment creditor on the hearing of a judgment summons unless—

a

a committal order is made; or

b

the sum in respect of which the judgment summons was issued is paid before the hearing.

2

Where costs are allowed to the judgment creditor,

a

there may be allowed—

i

a charge of the judgment creditor’s solicitor for attending the hearing and, if the judge so directs, for serving the judgment summons;

ii

a fee to counsel if the court certifies that the case is fit for counsel;

iii

any travelling expenses paid to the debtor, and

iv

the court fee on the issue of the judgment summons;

b

the costs may be fixed and allowed without detailed assessment under CPR Part 47.

F403

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Issue of warrant of committalRule 11

1

A judgment creditor desiring a warrant to be issued pursuant to a committal order shall file a request in that behalf.

2

Where two or more debtors are to be committed in respect of the same judgment or order, a separate warrant of committal shall be issued for each of them.

3

Where a warrant of committal is sent to a foreign court for execution, that court shall indorse on it a notice as to the effect of section 122 (3) of the Act addressed to the governor of the prison of that court.

Notification to foreign court of part payment before debtor lodged in prisonRule 12

Where, after a warrant of committal has been sent to a foreign court for execution but before the debtor is lodged in prison, the home court is notified that an amount which is less than the sum on payment of which the debtor is to be discharged has been paid, the home court shall send notice of the payment to the foreign court.

Payment after debtor lodged in prisonRule 13

1

Where, after the debtor has been lodged in prison under a warrant of committal, payment is made of the sum on payment of which the debtor is to be discharged, then—

a

if the payment is made to the court responsible for the execution of the warrant, F2the court officer shall make and sign a certificate of payment and send it by post or otherwise to the gaoler;

b

if the payment is made to the court which issued the warrant of committal after the warrant has been sent to a foreign court for execution, the home court shall send notice of the payment to the foreign court, F3and the court officer at the foreign court shall make and sign a certificate of payment and send it by post or otherwise to the gaoler;

c

if the payment is made to the gaoler, he shall sign a certificate of payment and send the amount to the court which made the committal order.

2

Where, after the debtor has been lodged in prison under a warrant of committal, payment is made of an amount less than the sum on payment of which the debtor is to be discharged, then subject to paragraph (3), paragraph (1)(a) and (b) shall apply with the substitution of references to a notice of payment for the references to a certificate of payment and paragraph (1)(c)shall apply with the omission of the requirement to make and sign a certificate of payment.

3

Where, after the making of a payment to which paragraph (2) relates, the balance of the sum on payment of which the debtor is to be discharged is paid, paragraph (1) shall apply without the modifications mentioned in paragraph (2).

Discharge of debtor otherwise than on paymentRule 14

1

Where the judgment creditor lodges with the district judge a request that a debtor lodged in prison under a warrant of committal may be discharged from custody, the district judge shall make an order for the discharge of the debtor in respect of the warrant of committal and the court shall send the gaoler a certificate of discharge.

2

Where a debtor who has been lodged in prison under a warrant of committal desires to apply for his discharge under section 121 of the Act, the application shall be made to the judge in writing and without notice showing the reasons why the debtor alleges that he is unable to pay the sum in respect of which he has been committed and ought to be discharged and stating any offer which he desires to make as to the terms on which his discharge is to be ordered, and Order 27, rule 8 (3) and (4), shall apply, with the necessary modifications, as it applies to an application by a debtor for his discharge from custody under section 23 (7) of the Attachment of Earnings Act 1971279.

3

If in a case to which paragraph (2) relates the debtor is ordered to be discharged from custody on terms which include liability to re-arrest if the terms are not complied with, the judge may, on the application of the judgment creditor if the terms are not complied with, order the debtor to be re-arrested and imprisoned for such part of the term of imprisonment as remained unserved at the time of discharge.

4

Where an order is made under paragraph (3), a duplicate warrant of committal shall be issued, indorsed with a certificate signed by the court officer as to the order of the judge.

CCR ORDER 29COMMITTAL FOR BREACH OF ORDER OR UNDERTAKING

Enforcement of judgment to do or abstain from doing any actF94Rule 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Undertaking given by partyF94Rule 1A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Solicitor’s undertakingF94Rule 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Discharge of person in custodyF94Rule 3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CCR ORDER 30GARNISHEE PROCEEDINGS

Attachment of debt due to judgment debtorF41Rule 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for orderF41Rule 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Preparation, service and effect of order to show causeF41Rule 3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice by deposit-taking institution denying indebtednessF41Rule 5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Order where no notice given etc.F41Rule 7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Directions where dispute as to notice under rule 5F41Rule 8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination of liability in other casesF41Rule 9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of proceedingsF41Rule 10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Discharge of garnisheeF41Rule 11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Money in courtF41Rule 12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Costs of judgment creditorF41Rule 13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Attachment of debt owed by firmF41Rule 14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of district judgeF41Rule 15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CCR ORDER 31CHARGING ORDERS

Application for charging orderF42Rule 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Order on further consideration of application for charging orderF42Rule 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of charging order etc.F42Rule 3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of charging order by saleF42Rule 4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F101CCR ORDER 33INTERPLEADER PROCEEDINGS

Annotations:
Amendments (Textual)
F101

Sch. 2 CCR Order 33 omitted (6.4.2014) by virtue of The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 38(e) (with rule 41)

Part I Under Execution

Notice of claimF101Rule 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reply to interpleader claimF101Rule 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Order protecting district judgeF101Rule 3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Issue of interpleader proceedingsF101Rule 4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Claim for damagesF101Rule 5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II— Otherwise than under Execution

Application for reliefF101Rule 6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Relief in pending claimF101Rule 7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Relief otherwise than in pending claimF101Rule 8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment into court etc.F101Rule 9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reply by interpleader claimantF101Rule 10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Order barring interpleader claim etc.F101Rule 11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CCR ORDER 34PENAL AND DISCIPLINARY PROVISIONS

Issue and service of summons for offence under s.14, 92 or 124 of the ActF95Rule 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Committal under s.14, 92 or 118 of the ActF95Rule 1A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice to show cause before or after fine under s.55 of the ActF95Rule 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Non-payment of fineF95Rule 3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Repayment of fineF95Rule 4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52CCR ORDER 35ENFORCEMENT OF COUNTY COURT JUDGMENTS OUTSIDE ENGLAND AND WALES

Annotations:
Amendments (Textual)

Part I—Enforcement outside United Kingdom

Interpretation of Part IF52Rule 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application under s.10 of the Act of 1933 for certified copy of county court judgmentF52Rule 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application under s.12 of the Act of 1982 for certified copy of county court judgmentF52Rule 3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application under Article 54 of the Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial mattersF52Rule 3A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II—Enforcement in other parts of the United Kingdom

Interpretation of Part IIF52Rule 4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for certificate of money provisionF52Rule 5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for certified copy of judgment containing non-money provisionF52Rule 6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53CCR ORDER 37...REHEARING, SETTING ASIDE AND APPEAL FROM DISTRICT JUDGE

Annotations:
Amendments (Textual)

RehearingF53Rule 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal from district judgeF53Rule 6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Imposition of terms and stay of executionF53Rule 8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F65CCR ORDER 38COSTS

Annotations:
Amendments (Textual)

Fixed costsF65Rule 18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F65APPENDIX BPART I

F65...

F65Part IIJudgments

F65...

F65PART IIIMiscellaneous Proceedings

F65...

CCR ORDER 39ADMINISTRATION ORDERS

Exercise of powers by district judgeRule 1

Any powers conferred on the court by Part VI of the Act, section 4 of the Attachment of Earnings Act 1971287 or this Order may be exercised by the district judge or, in the circumstances mentioned in this Order, by the court officer.

Request and list of creditorsRule 2

1

A debtor who desires to obtain an administration order under Part VI of the Act shall file a request in that behalf in the court for the district in which he resides or carries on business.

2

Where on his examination under F43CPR Part 71, or otherwise, a debtor furnishes to the court on oath a list of his creditors and the amounts which he owes to them respectively and sufficient particulars of his resources and needs, the court may proceed as if the debtor had filed a request under paragraph (1).

3

Where a debtor is ordered to furnish a list under section 4 (1)(b) of the said Act of 1971, then, unless otherwise directed, the list shall be filed within 14 days after the making of the order.

Verification on oathRule 3

The statements in the request mentioned in rule 2 (1) and the list mentioned in rule 2 (3) shall be verified by the debtor on oath.

Orders made by the court officerRule 5

1

The question whether an administration order should be made, and the terms of such an order, may be decided by the court officer in accordance with the provisions of this rule.

2

On the filing of a request or list under rule 2, the court officer may, if he considers that the debtor’s means are sufficient to discharge in full and within a reasonable period the total amount of the debts included in the list, determine the amount and frequency of the payments to be made under such an order (“the proposed rate”) and—

a

notify the debtor of the proposed rate requiring him to give written reasons for any objection he may have to the proposed rate within 14 days of service of notification upon him;

b

send to each creditor mentioned in the list provided by the debtor a copy of the debtor’s request or of the list together with the proposed rate;

c

require any such creditor to give written reasons for any objection he may have to the making of an administration order within 14 days of service of the documents mentioned in sub-paragraph (b) upon him.

Objections under sub-paragraph (c) may be to the making of an order, to the proposed rate or to the inclusion of a particular debt in the order.

3

Where no objection under paragraph (2)(a) or (c) is received within the time stated, the court officer may make an administration order providing for payment in full of the total amount of the debts included in the list.

4

Where the debtor or a creditor notifies the court of any objection within the time stated, the court officer shall fix a day for a hearing at which the district judge will decide whether an administration order should be made and the court officer shall give not less than 14 days' notice of the day so fixed to the debtor and to each creditor mentioned in the list provided by the debtor.

5

Where the court officer is unable to fix a rate under paragraph (2) (whether because he considers that the debtor’s means are insufficient or otherwise), he shall refer the request to the district judge.

6

Where the district judge considers that he is able to do so without the attendance of the parties, he may fix the proposed rate providing for payment of the debts included in the list in full or to such extent and within such a period as appears practicable in the circumstances of the case.

7

Where the proposed rate is fixed under paragraph (6), paragraphs (2) to (4) shall apply with the necessary modifications as if the rate had been fixed by the court officer.

8

Where the district judge does not fix the proposed rate under paragraph (6), he shall direct the court officer to fix a day for a hearing at which the district judge will decide whether an administration order should be made and the court officer shall give not less than 14 days' notice of the day so fixed to the debtor and to each creditor mentioned in the list provided by the debtor.

9

Where an administration order is made under paragraph (3), the court officer may exercise the power of the court under section 5 of the Attachment of Earnings Act 1971 to make an attachment of earnings order to secure the payments required by the administration order.

Notice of objection by creditorRule 6

1

Any creditor to whom notice has been given under rule 5 (8) and who objects to any debt included in the list furnished by the debtor shall, not less than 7 days before the day of hearing, give notice of his objection, stating the grounds thereof, to the court officer, to the debtor and to the creditor to whose debt he objects.

2

Except with the permission of the court, no creditor may object to a debt unless he has given notice of his objection under paragraph (1).

Procedure on day of hearingRule 7

On the day of the hearing—

a

any creditor, whether or not he is mentioned in the list furnished by the debtor, may attend and prove his debt or, subject to rule 6, object to any debt included in that list;

b

every debt included in that list shall be taken to be proved unless it is objected to by a creditor or disallowed by the court or required by the court to be supported by evidence;

c

any creditor whose debt is required by the court to be supported by evidence shall prove his debt;

d

the court may adjourn proof of any debt and, if it does so, may either adjourn consideration of the question whether an administration order should be made or proceed to determine the question, in which case, if an administration order is made, the debt, when proved, shall be added to the debts scheduled to the order;

e

any creditor whose debt is admitted or proved, and, with the permission of the court, any creditor the proof of whose debt has been adjourned, shall be entitled to be heard and to adduce evidence on the question whether an administration order should be made and, if so, in what terms.

Direction for order to be subject to reviewRule 8

1

The court may, on making an administration order or at any subsequent time, direct that the order shall be subject to review at such time or at such intervals as the court may specify.

2

Where the court has directed that an administration order shall be subject to review, the court officer shall give to the debtor and to every creditor who appeared when the order was made not less than 7 days' notice of any day appointed for such a review.

3

Nothing in this rule shall require the court officer to fix a day for a review under rule 13A.

Service of orderRule 9

Where an administration order is made, the court officer shall send a copy to—

a

the debtor;

b

every creditor whose name was included in the list furnished by the debtor;

c

any other creditor who has proved his debt; and

d

every other court in which, to the knowledge of the district judge, judgment has been obtained against the debtor or proceedings are pending in respect of any debt scheduled to the order.

Subsequent objection by creditorRule 10

1

After an administration order has been made, a creditor who has not received notice under rule 5 and who wishes to object to a debt scheduled to the order, or to the manner in which payment is directed to be made by instalments, shall give notice to the court officer of his objection and of the grounds thereof.

2

On receipt of such notice the court shall consider the objection and may—

a

allow it;

b

dismiss it; or

c

adjourn it for hearing on notice being given to such persons and on such terms as to security for costs or otherwise as the court thinks fit.

3

Without prejudice to the generality of paragraph (2), the court may dismiss an objection if it is not satisfied that the creditor gave notice of it within a reasonable time of his becoming aware of the administration order.

Subsequent proof by creditorRule 11

1

Any creditor whose debt is not scheduled to an administration order, and any person who after the date of the order became a creditor of the debtor, shall, if he wishes to prove his debt, send particulars of his claim to the court officer, who shall give notice of it to the debtor and to every creditor whose debt is so scheduled.

2

If neither the debtor nor any creditor gives notice to the court officer, within 7 days after receipt of notice under paragraph (1), that he objects to the claim, then, unless it is required by the court to be supported by evidence, the claim shall be taken to be proved.

3

If the debtor or a creditor gives notice of objection within the said period of 7 days or the court requires the claim to be supported by evidence, the court officer shall fix a day for consideration of the claim and give notice of it to the debtor, the creditor by whom the claim was made and the creditor, if any, making the objection, and on the hearing the court may either disallow the claim or allow it in whole or in part.

4

If a claim is taken to be proved under paragraph (2) or allowed under paragraph (3), the debt shall be added to the schedule to the order and a copy of the order shall then be sent to the creditor by whom the claim was made.

Permission to present bankruptcy petitionRule 12

An application by a creditor under section 112 (4) of the Act288 for permission to present or join in a bankruptcy petition shall be made on notice to the debtor in accordance with CPR Part 23, but the court may, if it thinks fit, order that notice be given to any other creditor whose debt is scheduled to the administration order.

Conduct of orderRule 13

1

The court manager or such other officer of the court as the court making an administration order shall from time to time appoint shall have the conduct of the order and shall take all proper steps to enforce the order (including exercising the power of the court under section 5 of the Attachment of Earnings Act 1971 to make an attachment of earnings order to secure payments required by the administration order) or to bring to the attention of the court any matter which may make it desirable to review the order.

2

Without prejudice to section 115 of the Act, any creditor whose debt is scheduled to the order may, with the permission of the court, take proceedings to enforce the order.

3

The debtor or, with the permission of the court, any such creditor may apply to the court to review the order.

4

When on a matter being brought to its attention under paragraph (1) the court so directs or the debtor or a creditor applies for the review of an administration order, rule 8 (2) shall apply as if the order were subject to review under that rule.

5

Nothing in this rule shall require the court officer to fix a day for a review under rule 13A.

Review by court officer in default of paymentRule 13A

1

Where it appears that the debtor is failing to make payments in accordance with the order, the court officer shall (either of his own initiative or on the application of a creditor whose debt is scheduled to the administration order) send a notice to the debtor—

a

informing him of the amounts which are outstanding; and

b

requiring him (within 14 days of service of the notice upon him) to

i

make the payments as required by the order; or

ii

explain his reasons for failing to make the payments; and

iii

make a proposal for payment of the amounts outstanding, or

iv

make a request to vary the order.

2

If the debtor does not comply with paragraph (1)(b) within the time stated, the court officer shall revoke the administration order.

3

The court officer shall refer a notice given by a debtor under paragraph (1)(b)(ii), (iii) or (iv) to the district judge who may—

a

without requiring the attendance of the parties—

i

revoke the administration order or vary it so as to provide for payment of the debts included in the order in full or to such extent and within such a period as appears practicable in the circumstances of the case; or

ii

suspend the operation of the administration order for such time and on such terms as he thinks fit; or

b

require the court officer to fix a day for the review of the administration order and to give to the debtor and to every creditor whose debt is scheduled to the administration order not less than 8 days' notice of the day so fixed.

4

Any party affected by an order made under paragraph (2) or (3)(a) may, within 14 days of service of the order on him and giving his reasons, apply on notice for the district judge to consider the matter afresh and the court officer shall fix a day for the hearing of the application before the district judge and give to the debtor and to every creditor whose debt is scheduled to the administration order not less than 8 days' notice of the day so fixed.

5

On hearing an application under paragraph (4), the district judge may confirm the order or set it aside and make such new order as he thinks fit and the order so made shall be entered in the records of the court.

Review of orderRule 14

1

On the review of an administration order the court may—

a

if satisfied that the debtor is unable from any cause to pay any instalment due under the order, suspend the operation of the order for such time and on such terms as it thinks fit;

b

if satisfied that there has been a material change in any relevant circumstances since the order was made, vary any provision of the order made by virtue of section 112 (6) of the Act;

c

if satisfied that the debtor has failed without reasonable cause to comply with any provision of the order or that it is otherwise just and expedient to do so, revoke the order, either forthwith or on failure to comply with any condition specified by the court; or

d

make an attachment of earnings order to secure the payments required by the administration order or vary or discharge any such attachment of earnings order already made.

2

The court officer shall send a copy of any order varying or revoking an administration order to the debtor, to every creditor whose debt is scheduled to the administration order and, if the administration order is revoked, to any other court to which a copy of the administration order was sent pursuant to rule 9.

Discharge of attachment of earnings orderRule 16

On the revocation of an administration order any attachment of earnings order made to secure the payments required by the administration order shall be discharged.

Declaration of dividendsRule 17

1

The officer having the conduct of an administration order shall from time to time declare dividends and distribute them among the creditors entitled to them.

2

When a dividend is declared, notice shall be sent by the officer to each of the creditors.

Creditors to rank equallyRule 18

All creditors scheduled under section 113 (d) of the Act289 before an administration order is superseded under section 117 (2) of the Act shall rank equally in proportion to the amount of their debts subject to the priority given by the said paragraph (d) to those scheduled as having been creditors before the date of the order, but no payment made to any creditor by way of dividend or otherwise shall be disturbed by reason of any subsequent proof by any creditor under the said paragraph (d).

Change of debtor’s addressRule 19

1

A debtor who changes his residence shall forthwith inform the court of his new address.

2

Where the debtor becomes resident in the district of another court, the court in which the administration order is being conducted may transfer the proceedings to that other court.

CCR ORDER 42PROCEEDINGS BY AND AGAINST THE CROWN

Application and interpretationF66Rule 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Particulars of claim in claim against the CrownF66Rule 4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subsequent procedure in claimF66Rule 5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subsequent procedure in fixed date claimF66Rule 6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service on the CrownF66Rule 7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Special provisions regarding orders made by the Court of its own initiative against the CrownF66Rule 8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Counterclaim in proceedings by or against the CrownF66Rule 9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adjustment of liability under judgment for taxesF66Rule 10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 20 claim against the Crown where the Crown is not already a partyF66Rule 11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disclosure against the CrownF66Rule 12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Execution and satisfaction of orders against the CrownF66Rule 13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Attachment of debts etc.F66Rule 14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CCR ORDER 43THE LANDLORD AND TENANT ACTS 1927, 1954, 1985 AND 1987

InterpretationF25Rule 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commencement of proceedings and answerF25Rule 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Claim for compensation in respect of improvementF25Rule 3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings under Part I of the Act of 1927F25Rule 4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings under Part I of the Act of 1954F25Rule 5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for new tenancy under section 24 of the Act of 1954F25Rule 6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Answer to application for new tenancy under section 24 of the Act of 1954F25Rule 7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Order dismissing application under section 24 which is successfully opposedF25Rule 8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other applications under Part II of the Act of 1954F25Rule 9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service of order in proceedings under Part II of the Act of 1954F25Rule 10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proof of determination of rateable valueF25Rule 11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provisions as to assessorsF25Rule 13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

District judge’s jurisdictionF25Rule 15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application under section 12 (2) of the Act of 1985F25Rule 16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer to leasehold valuation tribunalF25Rule 16A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application under section 19 of the Act of 1987F25Rule 17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for order under section 24 of the Act of 1987F25Rule 18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for acquisition order under section 29 of the Act of 1987F25Rule 19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for order under section 38 or section 40 of the Act of 1987F25Rule 20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service of documents in proceedings under the Act of 1987F25Rule 21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tenants' associationsF25Rule 22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CCR ORDER 44THE AGRICULTURAL HOLDINGS ACT 1986

Order to arbitrator to state caseF71Rule 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Special case stated by arbitratorF71Rule 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Removal of arbitrator or setting aside awardF71Rule 3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of order imposing penaltyRule 4

1

When taking any proceedings for the enforcement in a county court of an order under section 27 of the Agricultural Holdings Act 1986, the party in whose favour the order was made shall file—

a

a certified copy of the order; and

b

a certificate specifying the amount due under the order and stating whether any previous proceedings have been taken for its enforcement and, if so, the nature of the proceedings and their result.

2

Where it is desired to enforce the order by warrant of execution, the proceedings may be taken in any court in the district of which execution is to be levied.

CCR ORDER 45THE REPRESENTATION OF THE PEOPLE ACT 1983

Application for detailed assessment of returning officer’s accountF76F72Rule 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal from decision of registration officerRule 2

F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Selected appealsF76Rule 3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F73CCR ORDER 46THE LEGITIMACY ACT 1976

Annotations:
Amendments (Textual)

Manner of applicationF73Rule 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Preliminary consideration and serviceF73Rule 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

AnswerF73Rule 3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F69CCR ORDER 47DOMESTIC AND MATRIMONIAL PROCEEDINGS

Annotations:
Amendments (Textual)
F69

Sch. 2 CCR Order 47 revoked (2.10.2006) by The Civil Procedure (Amendment) Rules 2006 (S.I. 2006/1689), rules 1, 12(f)

Family Law Reform Act 1969F69Rule 5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49CCR ORDER 48BF20Enforcement of traffic penalties

Annotations:

Application and interpretationF49Rule 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Establishment of the F19traffic enforcement centreF49Rule 1A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requests for ordersF49Rule 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DocumentsF49Rule 3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions of court officerF49Rule 4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of ordersF49Rule 5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CCR ORDER 48DENFORCEMENT OF FIXED PENALTIES UNDER THE ROAD TRAFFIC (VEHICLE EMISSIONS) (FIXED PENALTY) REGULATIONS 1997

Application and interpretationF571

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The traffic enforcement centreF572

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requests for Orders and Warrants of ExecutionF573

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DocumentsF574

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of OrdersF575

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CCR ORDER 49MISCELLANEOUS STATUTES

Access to Neighbouring Land Act 1992315F26Rule 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Administration of Justice Act 1970316F27Rule 1A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chancel Repairs Act 1932317F28Rule 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consumer Credit Act 1974318F29Rule 4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications under section 114, 204 and 231 of the Copyright, Designs and Patents Act 1988F58Rule 4A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fair Trading Act 1973F59Rule 5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Housing Act 1988: assured tenanciesF15Rule 6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Housing Act 1988: assured shorthold tenanciesF30Rule 6A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Housing Act 1996: injunctions F35...F62Rule 6B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Injunctions to prevent environmental harm: Town and Country Planning Act 1990 etc.F74Rule 7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Leasehold Reform Act 1967329F31Rule 8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Leasehold Reform, Housing and Urban Development Act 1993330F32Rule 9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government Finance Act 1982331F8Rule 10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government (Miscellaneous Provisions) Act 1976332F9Rule 11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mental Health Act 1983333F75Rule 12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mobile Homes Act 1983334F33Rule 13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16Postal Services Act 2000F67Rule 15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rentcharges Act 1977337F34Rule 16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14Sex Discrimination Act 1975, Race Relations Act 1976, Disability Discrimination Act 1995 and Disability Rights Commission Act 1999F70Rule 17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Solicitors Act 1974340F4Rule 18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Telecommunications Act 1984341Rule 18A

1

CPR Rule 35.15 applies to proceedings under paragraph 5 of Schedule 2 to the Telecommunications Act 1984.

Applications under section 19 of the Trade Marks Act 1994F60Rule 18B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Trade Union and Labour Relations Consolidation Act 1992343Rule 19

1

Where a complainant desires to have an order of the Certification Officer under section 82 of the Trade Union and Labour Relations Consolidation Act 1992 recorded in the county court, he shall produce the order and a copy thereof to the court for the district in which he resides or the head or main office of the trade union is situate.

2

The order shall be recorded by filing it, and the copy shall be sealed and dated and returned to the complainant.

3

The sealed copy shall be treated as if it were the notice of issue in a claim begun by the complainant.

4

The costs, if any, allowed for recording the order shall be recoverable as if they were payable under the order.

5

The order shall not be enforced until proof is given to the satisfaction of the court that the order has not been obeyed and, if the order is for payment of money, of the amount remaining unpaid.

Trustee Act 1925, s.63344F54Rule 20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .