The Magistrates’ Courts (Amendment) Rules 2021

EXPLANATORY NOTE

(This note is not part of the Rules)

Regulation 7 of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (S.I. 2020/1311) (the “2020 Regulations”) provides that a creditor is prohibited from taking certain steps to enforce a debt against a debtor who is in a breathing space moratorium or a mental health crisis moratorium in relation to that debt, unless the county court or any other court or tribunal where legal proceedings concerning the debt have been or could be issued has given permission for the creditor to take that step.

These Rules amend the Magistrates’ Courts Rules 1981 (S.I. 1981/552) to provide that where the permission of a magistrates’ court is required for the purposes of regulation 7(2)(b) of the 2020 Regulations, an application to a magistrates’ court for such permission must be made by complaint in writing and the complainant must serve a copy of the summons on the relevant debt advice provider.

Part II of the Magistrates Court Act 1980 (c. 43) and the Magistrates’ Courts Rules 1981 (S.I. 1981/551) apply to applications by complaint made to magistrates’ courts in England and Wales.

No impact assessment has been prepared for these Rules as no, or no significant, impact on the private, public or voluntary sector is foreseen.