2021 No. 459
The Magistrates’ Courts (Amendment) Rules 2021
Made
Laid before Parliament
Coming into force
The Lord Chief Justice makes the following Rules in exercise of the powers conferred by section 144 of the Magistrates’ Courts Act 19801, with the concurrence of the Lord Chancellor.
Citation, commencement and extent1
1
These Rules may be cited as the Magistrates’ Courts (Amendment) Rules 2021 and come into force on 4th May 2021.
2
These Rules extend to England and Wales.
Amendment of the Magistrates Court Rules 19812
1
The Magistrates’ Courts Rules 19812 are amended as follows.
2
After rule 60 (enforcement where periodical payments made under more than one order), insert—
60AApplications under regulation 7(2)(b) of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020
1
In this Rule the “2020 Regulations” means the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 20203.
2
Where the permission of a magistrates’ court is sought for the purposes of regulation 7(2)(b) (effect of moratorium) of the 2020 Regulations, an application must be made by complaint in writing and Part II of the Magistrates’ Courts Act 1980 applies accordingly, with the exception of paragraphs (2) to (8) of section 55 (non-appearance of defendant).
3
The complainant must serve on the debt advice provider named in the notification provided for the purposes of regulation 4(3) (debt advice provider fees and referrals) of the 2020 Regulations a copy of the summons that is issued to the debtor following a complaint under paragraph (1).
I agree
(This note is not part of the Rules)