Statutory Instrument 1999 No. 1021 (L. 11)

      The Court Funds (Amendment) Rules 1999


      © Crown Copyright 1999

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STATUTORY INSTRUMENTS


1999 No. 1021 (L. 11)

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS

The Court Funds (Amendment) Rules 1999

  Made 29th March 1999 
  Laid before Parliament 30th March 1999 
  Coming into force 26th April 1999 

The Lord Chancellor, in exercise of the powers conferred on him by section 38(7) of the Administration of Justice Act 1982[1], and with the concurrence of the Treasury, hereby makes the following Rules:-

Citation, commencement and interpretation
     1.  - (1) These Rules may be cited as the Court Funds (Amendment) Rules 1999 and shall come into force on 26th April 1999.

    (2) In these Rules, unless the context otherwise requires, a rule referred to by number alone means the rule so numbered in the Court Funds Rules 1987[
2].

Amendments to the Courts Funds Rules 1987
     2. In the Court Funds Rules 1987:-

    (a) for "plaintiff" wherever it appears, substitute "claimant"; and

    (b) for "proper officer" wherever it appears, substitute "court officer".

     3. In rule 2:-

    (b) after paragraph (1), insert:-

        " (1A) A reference in these Rules to "R.S.C." or "C.C.R." followed by an Order by number is a reference to the Order with that number in the relevant Schedule to the CPR."; and

    (c) in paragraph (2):-

      (i) in the definition of person under disability, for "minor", substitute "child";

      (ii) omit the definition of Proper Officer;

      (iii) insert the following definition after the definition of person under disability:-

      " "Royal Courts of Justice" means the Supreme Court at the Royal Courts of Justice and does not include any District Registry.";

      (iv) in the definition of Suitors' money, before "county court", insert "District Registry or"; and

      (v) omit the definition of Taxing Officer.

     4. In rule 9:-

     5. In rule 14:-

     6. In paragraph (1) of rule 15:-

     7. In rule 16:-

     8. In paragraph (4) of rule 17, for "County Court Rules", substitute "Civil Procedure Rules".

    
9. For rule 19 substitute:-

     10. After rule 19, insert:-

     11. In rule 22 before "county court" insert "District Registry or".

    
12. In rule 23, omit "pursuant to County Court Rules".

    
13. For rule 24, substitute:-

     14. For rule 25, substitute:-

     15. After paragraph (3) of rule 28, insert:-

     16. In paragraph (3) of rule 27, for "Accrued", substitute "Unless the Accountant General directs otherwise, accrued".

    
17. In rule 31:-

     18. In rule 32:-

     19. In paragraph (1)(i) of rule 38, for "under R.S.C. Order 22, rule 1" substitute "in the Supreme Court in accordance with CPR Part 36".

    
20. In rule 44:-

     21. For rule 45 substitute:-

     22. For rule 50 substitute:-

Transitional provisions
    
23.  - (1) These Rules shall not apply where:-

    (2) In the circumstances set in paragraph (1), the Court Funds Rules 1987[4] shall apply as if they had not been amended by these Rules.


Irvine of Lairg, C.

Dated 25th March 1999



We concur,


David Jamieson

Bob Ainsworth
Two of the Lords Commissioners of Her Majesty's Treasury

Dated 29th March 1999



EXPLANATORY NOTE

(This note is not part of the Order)


These Rules make amendments to the Court Funds Rules 1987 consequent upon the replacement of the Rules of the Supreme Court 1965 and the County Court Rules 1981 by the Civil Procedure Rules 1998. The Rules update references and make necessary changes where there is a substantive change in procedure.

The Rules also make amendments so that payments into court in claims proceeding in District Registries are treated in the same manner as payments into court in claims proceeding in county courts.

Other minor amendments are also made.


Notes:

[1] 1982 c.53.back

[2] S.I. 1987/821. Amended by S.I. 1988/817, 1990/518, 1991/1227 and 1997/177.back

[3] S.I. 1998/3132 amended by S.I. 1999/1008.back

[4] S.I. 1987/821. Amended by S.I. 1988/817, 1990/518, 1991/1227 and 1997/177.back



ISBN 0 11 082517 9


 
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