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The County Courts (Interest on Judgment Debts) (Amendment) Order 1998

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Amendment to County Courts (Interest on Judgment Debts) Order 1991

2.  In article 1(2) of the County Courts (Interest on Judgment Debts) Order 1991(1) the following definition of “relevant judgment” shall be substituted:

“relevant judgment” means a judgment or order of a county court for the payment of a sum of money (a) of not less than £5,000 or (b) in respect of a debt which is a qualifying debt for the purposes of the Late Payment of Commercial Debts (Interest) Act 1998(2) and, in relation to a judgment debt, means the judgment or order which gives rise to the judgment debt..

(1)

S.I. 1991/1184: amended by S.I. 1996/2516.

(2)

1998 c. 20. “Qualifying debt” is defined in sections 16(1) and 3(1) of the Act. Since a qualifying debt is a debt created by virtue of an obligation under a contract to which the Act applies, a debt will not be a qualifying debt, and therefore will not be within the ambit of item (b) of the new definition of “relevant judgment”, if it arises under a description of contract for which the Act has not yet been brought into force under section 17(2) of the Act.

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