The Contracting Out of Functions (Court Staff) (Amendment) Order 1996

Statutory Instruments

1996 No. 3096

COUNTY COURTS

The Contracting Out of Functions (Court Staff) (Amendment) Order 1996

Made

10th December 1996

Laid before Parliament

11th December 1996

Coming into force

1st January 1997

The Lord Chancellor, in exercise of the powers conferred on him by section 27(3) of the Courts Act 1971(1), having consulted with the senior judges, hereby makes the following Order:—

1.—(1) This Order may be cited as the Contracting Out of Functions (Court Staff) (Amendment) Order 1996 and shall come into force on 1st January 1997.

(2) In this Order an article referred to by number means the article so numbered in the Contracting Out of Functions (Court Staff) Order 1996(2).

2.—(1) Article 3(2)(b) shall be amended by inserting—

(a) after the words “the entry and enforcement” the words “(through Northampton County Court)”;

(b) after the words “the Summons Production Centre” the words “in the name of Northampton County Court”.

(2) For article 3(2)(b)(i), there shall be substituted the following—

“(i) CCR Order 9, rules 3(1)(a) and (b) (judgment on part admission or on request for time for payment) and 6(1) and (1A) (judgment in default or on admission);”.

Mackay of Clashfern, C.

Dated 10th December 1996

Explanatory Note

(This note is not part of the Order)

This Order amends the Contracting Out of Functions (Court Staff) Order 1996 which enabled the Lord Chancellor to enter into a contract for the provision of staff to provide information technology related services in the county courts and provided that certain functions dischargeable by members of the administrative court service may be discharged, where such a contract has been entered into, by persons employed by the contractor or by their sub-contractors.

Article 2(1) of this Order makes it clear that the functions which may be so discharged (under article 3(2)(b) of the original Order) apply in cases where the summons was produced electronically by the computerised Summons Production Centre and the entry and enforcement of judgment is dealt with by the computerised County Court Bulk Centre attached to Northampton County Court. Article 2(2) of this Order adds to those functions the function of entering judgment on the defendant’s admission of part of the plaintiff’s claim or where the plaintiff accepts any proposal for payment made by the defendant.

(1)

1971 c. 23; section 27 was amended by the Deregulation and Contracting Out Act 1994 (c. 40). Schedule 16, paragraph 2.

(2)

S.I. 1996/2182.