Register of County Court Judgments (Amendment) Regulations 1999

Statutory Instruments

1999 No. 1845 (L. 17)

COUNTY COURTS

Register of County Court Judgments (Amendment) Regulations 1999

Made

29th June 1999

Laid before Parliament

29th June 1999

Coming into force

26th July 1999

The Lord Chancellor, in exercise of the powers conferred on him by section 73(2) of the County Courts Act 1984(1), makes the following Regulations:–

1.—(1) These Regulations may be cited as the Register of County Court Judgments (Amendment) Regulations 1999 and shall come into force on 26th July 1999.

(2) In these Regulations, unless the context otherwise requires, a regulation referred to by number alone means the regulation so numbered in the Register of County Court Judgments Regulations 1985(2).

2.  The Register of County Court Judgments Regulations 1985 shall be amended in accordance with these regulations.

3.  In the Register of County Court Judgments Regulations 1985, for “taxed”, wherever it appears, substitute “assessed by way of detailed assessment”.

4.  In regulation 1:–

(a) in paragraph (2):–

(i) in the definition of “judgment”, for “an order (within the meaning of Order 1 rule 3 of the County Court Rules 1981)”, substitute “any order of the court”; and

(ii) for the definition of “proper officer”, substitute–

• ““proper officer” shall mean–

  (a)

  a court officer; and

  (b)

  for the purposes of the registration of liability orders as defined in this regulation, an officer designated as such by the Secretary of State and acting on his behalf.”; and

(b) In paragraph (3) for “County Court Rules 1981”, substitute “Civil Procedure Rules 1998(3)”.

5.  In regulation 5:–

(a) in paragraph (3), for “Order 59 rule 19(5) of the Rules of the Supreme Court” substitute, “RSC Order 59, rule 19(5) (as scheduled to the Civil Procedure Rules 1998)”; and

(b) after paragraph (3), insert:–

“(3A) An order for a sum of money to be paid as costs following a summary assessment within the meaning of rule 43.3 of the Civil Procedure Rules 1998, other than one made on the final decision of the court in a claim, shall be exempt from registration.”

6.  In regulation 8(6)–

(a) after “application”, where it first appears, insert “which shall be made in accordance with Part 23 of the Civil Procedure Rules 1998”;

(b) for “Order 13 rule 1 of the County Court Rules 1981”, substitute “CCR Order 13 (as scheduled to the Civil Procedure Rules 1998)”; and

(c) for “an action or matter”, substitute “proceedings”.

7.  Omit regulation 12.

Irvine of Lairg, C.

Dated 29th June 1999

Explanatory Note

(This note is not part of the Regulations)

These regulations amend the Register of County Court Judgments Regulations 1985 so that an order for costs following a summary assessment, other than one made at a final hearing, shall be exempt from registration. Further amendments are made consequent upon the implementation of the Civil Procedure Rules 1998.

(1)

1984 c. 28. Section 73 was amended by the Administration of Justice Act 1985 (c. 61), section 54 and by the Courts and Legal Services Act 1990 (c. 41), section 125(2), schedule 17, paragraph 14 and extended by section 33(5) of the Child Support Act 1991 (c. 48) (inserted by the Child Support Act 1995 (c. 34), section 30(5), schedule 3, paragraphs 2 and 10).

(2)

S.I. 1985/1807 amended by S.I. 1986/2001, 1990/491, 1990/768, 1991/1815, 1993/710, 1993/2173 and 1996/1177.

(3)

S.I. 1998/3132 amended by S.I. 1999/1008.