The Family Procedure Rules 2010

[F1 Application of CCR Order 27: enforcement of a judgment debt E+W

33.19.— (1) Order 27 of the CCR applies to proceedings under this Part for the enforcement of a judgment debt with the following modifications.

(2) In Order 27 rule 3—

(a) in paragraph (1), for “County Court hearing centre” there is substituted “Designated Family Court for the Designated Family Judge area”;

(b) in paragraph (2), for “County Court hearing centre in” there is substituted “Designated Family Court for the Designated Family Judge area within”;

(c) in paragraph (3)—

(i) for “County Court hearing centre” there is substituted “Designated Family Court for the Designated Family Judge area”;

(ii) for the words from “at another” to the end there is substituted “within another Designated Family Judge area, the application shall be made to the Designated Family Court for that other Designated Family Judge area.”; and

(d) paragraph (4) is omitted.

(3) In Order 27 rule 7—

(a) in paragraph (3), for “District Judge” in each place where it occurs there is substituted “court”;

(b) in paragraph (4)—

(i) for “District Judge who” there is substituted “court which”; and

(ii) for “if the District Judge” there is substituted “if it”;

(c) in paragraph (5)—

(i) for “District Judge does” there is substituted “court does”; and

(ii) for “they” there is substituted “it”; and

(d) in paragraph (7), for “District Judge” in each place where it occurs there is substituted “court”.

(4) In Order 27 rule 10—

(a) in paragraph (2), for “District Judge” there is substituted “court”; and

(b) in paragraph (3)—

(i) the words “or a magistrates’ court” and “or, as the case may be, the magistrates’ court” are omitted; and

(ii) for “County Court” there is substituted “family court”.

(5) In Order 27 rule 11, for “District Judge” there is substituted “court”.

(6) In Order 27 rule 14, for paragraphs (1) and (2) there is substituted—

“(1) Where the question of making a consolidated attachment order falls to be considered in a Designated Family Judge area which is not the area in which an attachment of earnings order has been made to secure the payment of a judgment debt by the debtor, the family court sitting in the last-mentioned area shall, at the request of the family court sitting in the first-mentioned area, 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 family court sitting in a Designated Family Judge area in which an attachment of earnings order has been made the matter could more conveniently proceed in another Designated Family Judge area (whether by reason of the debtor having become resident in that other Designated Family Judge area or otherwise), the court may order the matter to be transferred to that other area.”

(7) In Order 27 rule 16, in paragraph (10, for “the County Court, the District Judge” there is substituted “the family court, the court”.

(8) In Order 27 rule 19, in paragraph (3D), for “District Judge who” there is substituted “court which”.]

Textual Amendments

F1 Rules 33.19, 33.19A substituted for rule 33.19 (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 37 (with rule 45)