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The High Court and County Courts Jurisdiction (Amendment) Order 2008

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EXPLANATORY NOTE

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This Order amends the High Court and County Courts Jurisdiction Order 1991 (“the 1991 Order”).

Article 4 of this Order revokes article 2(1)(h) of the 1991 Order. Article 2(1)(h) relates to section 139(5)(b) of the Consumer Credit Act 1974 (c.39). Section 139 of that Act was repealed by sections 22(3) and 70 of and Schedule 4 to the Consumer Credit Act 2006 (c.14).

Article 5 of this Order gives the county court jurisdiction in relation to Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure.

Article 5 also gives the county court jurisdiction in relation to Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European small claims procedure (“the ESCP Regulation”).

Article 7 of this Order provides that applications under article 4 of the ESCP Regulation must be commenced in a county court.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

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