Statutory Instruments
1990 No. 517 (L.6)
COUNTY COURTS
PROCEDURE
The County Court (Forms) (Amendment) Rules 1990
Made
5th March 1990
Coming into force
1st April 1990
1.—(1) These Rules may be cited as the County Court (Forms) (Amendment) Rules 1990.
(2) In these Rules, a form referred to by number means the form so numbered in the Schedule to the County Court (Forms) Rules 1982(1) and “the main Schedule” means that Schedule.
2. There shall be substituted in the main Schedule, for forms N.1, N.1(SPC), N.2, N.3, N.4, N.5, N.6, N.7, N.9, N.9(SPC), N.10(HP), N.11, N.12, N.14, N.22, N.23, N.25, N.26, N.27, N.27(1), N.27(2), N.28, N.29, N.30, N.30(1), N.30(2), N.31, N.32, N.32(1), N.32(2), N.32(3), N.32(4), N.32(5), N.33, N.34, N.35, N.36, N.37, N.38, N.39, N.41, N.42, N.46, N.48, N.49, N.52, N.55, N.56, N.58, N.64, N.67, N.72, N.73, N.74, N.79, N.82, N.83, N.84, N.85, N.95, N.96, N.97, N.98, N.99, N.108 and N.109, the forms contained in the Schedule to these Rules.
3. Forms N.45(1), 45(2), 47 and 85(1) in the main Schedule shall be omitted.
SCHEDULE
We, the undersigned members of the Rule Committee appointed by the Lord Chancellor under section 75 of the County Courts Act 1984(2), having by virtue of the powers vested in us in that behalf made the foregoing Rules, do hereby certify the same under our hands and submit them to the Lord Chancellor accordingly.
C.S. Stuart-White,
A.N. Fricker,
R. Greenslade,
Patrick Eccles,
Gillian Stuart-Brown,
Eifion Roberts,
R.E. Hammerton,
K.H.P. Wilkinson,
R.C. Newport.
I allow these Rules, which shall come into force on 1st April 1990.
Mackay of Clashfern, C.
Dated 5th March 1990
Explanatory Note
(This note is not part of the Rules)
These Rules amend the County Court (Forms) Rules 1982 following the restriction of the county courts' banking function by the County Court (Amendment No. 3) Rules 1989 (S.I. 1989/1838).
Under the new arrangements, any payments made before judgment is entered, and after judgment but before enforcement, must be made direct to the plaintiff and not through the court (subject to some exceptions, e.g. for payments made for the benefit of a person under a disability). When steps are taken to enforce a judgment, payments must be made through the court as long as the enforcement process continues. Thereafter payment must, once again, be made direct to the judgment creditor. The Amendment No. 3 Rules also made provision for the creditor to certify the amount outstanding when enforcement proceedings are begun. These Rules amend the court forms to reflect the new arrangements. Since the court will no longer maintain records of payments made, the relevant court forms are also amended to advise parties of the desirability of keeping records of payments and of providing receipts.