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Rule 50(4)

SCHEDULE 2E+W

Modifications etc. (not altering text)

C2Sch. 2 applied (with modifications) (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.1(2) (with rules 2.1, 33.1(1))

Commencement Information

I1Sch. 2 in force at 26.4.1999, see Signature

CCR ORDER 1E+WCITATION, APPLICATION AND INTERPRETATION

Application of RSC to [F1County Court] proceedingsE+W

Rule 6  Where by virtue of these rules or section 76 of the Act or otherwise any provision of the RSC is applied in relation to proceedings in [F2the County Court], that provision shall have effect with the necessary modifications and in particular—

(b)any reference in that provision to a master, [F3District Judge] of the principal registry of the Family Division, the Admiralty [F4Registrar], or a [F3District Judge] or [F5Taxing Officer] shall be construed as a reference to the [F3District Judge] of the [F1County Court]; and

(d)any reference in that provision to an office of the [F6Senior Courts] having the conduct of the business of a division or court or a district registry shall be construed as a reference to the [F7office of a County Court hearing centre].

Textual Amendments

F1Words in Sch. 2 CCR Order 1 rule 6 substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 3(a)(ii) (with rule 25)

F2Words in Sch. 2 CCR Order 1 rule 6 substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 3(a)(i) (with rule 25)

F3Words in Sch. 2 CCR Order 1 rule 6 substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 3(a)(iv) (with rule 25)

F4Word in Sch. 2 CCR Order 1 rule 6(b) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 19(a)(ii) (with rule 25)

F5Words in Sch. 2 CCR Order 1 rule 6(b) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 19(a)(i) (with rule 25)

F6Words in Sch. 2 CCR Order 1 rule (6)(d) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 22

F7Words in Sch. 2 CCR Order 1 rule 6(d) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 19(b) (with rule 25)

CCR ORDER 3E+WCOMMENCEMENT OF PROCEEDINGS

Appeals to county courtE+W

F8Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CCR ORDER 4E+WVENUE FOR BRINGING PROCEEDINGS

Proceedings relating to landE+W

F9Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10CCR ORDER 5E+WCAUSES OF ACTION AND PARTIES

Textual Amendments

Representative proceedingsE+W

F10F11Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11Sch. 2 CCR Order 5 rules 5-8 revoked (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 8 (with rule 39(b)) (as amended by S.I. 2000/940, rules 1, 2)

Representation of person or classE+W

F10F11Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11Sch. 2 CCR Order 5 rules 5-8 revoked (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 8 (with rule 39(b)) (as amended by S.I. 2000/940, rules 1, 2)

Representation of estate where no personal representativeE+W

F10F11Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11Sch. 2 CCR Order 5 rules 5-8 revoked (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 8 (with rule 39(b)) (as amended by S.I. 2000/940, rules 1, 2)

Proceedings against estatesE+W

F10F11Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11Sch. 2 CCR Order 5 rules 5-8 revoked (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 8 (with rule 39(b)) (as amended by S.I. 2000/940, rules 1, 2)

Partners may sue and be sued in firm nameE+W

F10Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Defendant carrying on business in another nameE+W

F10Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Failure to proceed after death of partyE+W

F10F12Rule 12  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Claim to money in court where change in parties after judgmentE+W

F10F12Rule 13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Bankruptcy of claimantE+W

F10F12Rule 14  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CCR ORDER 6E+WPARTICULARS OF CLAIM

Recovery of landE+W

F13Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Mortgage claimE+W

F14Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Mortgage claim—dwelling-houseE+W

F15Rule 5A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Hire-purchaseE+W

F16Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CCR ORDER 7E+WSERVICE OF DOCUMENTS

Recovery of landE+W

F17Rule 15  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Mortgage possession claimsE+W

F17Rule 15A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CCR ORDER 13E+WAPPLICATIONS AND ORDERS IN THE COURSE OF PROCEEDINGS

General provisionsE+W

F18Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19CCR ORDER 16E+WTRANSFER OF PROCEEDINGS

Textual Amendments

Interpleader proceedings under executionE+W

F19Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20CCR ORDER 19E+WREFERENCE TO EUROPEAN COURT

Textual Amendments

Making and transmission of orderE+W

F20Rule 15  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21CCR ORDER 22E+WJUDGMENTS AND ORDERS

Textual Amendments

Certificate of judgmentE+W

F21Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Variation of paymentE+W

F21Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Set-off of cross-judgmentsE+W

F21Rule 11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Order of appellate courtE+W

F21Rule 13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22CCR ORDER 24E+WSUMMARY PROCEEDINGS FOR THE RECOVERY OF LAND

Textual Amendments

Part I—LandE+W

Proceedings to be by claim formE+W

F22Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Witness statement or affidavit in supportE+W

F22Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service of claim formE+W

F22Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application by occupier to be made a partyE+W

F22Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Hearing of claimE+W

F22Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Warrant of possessionE+W

F22Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Setting aside orderE+W

F22Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II—Interim Possession OrdersE+W

Definitions and interpretationE+W

F22Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions for interim possession order applicationE+W

F22Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Issue of the applicationsE+W

F22Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service of the notice of applicationE+W

F22Rule 11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consideration of the applicationE+W

F22Rule 12  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service and enforcement of the interim possession orderE+W

F22Rule 13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Matters arising after making of an interim possession orderE+W

F22Rule 14  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application to set aside an interim possession orderE+W

F22Rule 15  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23CCR ORDER 25E+WENFORCEMENT OF JUDGMENTS AND ORDERS: GENERAL

Textual Amendments

Judgment creditor and debtorE+W

F23Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of proceedings for enforcementE+W

F23Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Oral examination of debtorE+W

F23Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Examination of debtor under judgment not for moneyE+W

F23Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of informationE+W

F23Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interest on judgment debtsE+W

F23Rule 5A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Description of partiesE+W

F23Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recording and giving information as to warrants and ordersE+W

F23Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspension of judgment or executionE+W

F23Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of judgment or order against firmE+W

F23Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcing judgment between a firm and its membersE+W

F23Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of High Court judgmentE+W

F23Rule 11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of award of tribunalE+W

F23Rule 12  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer to High Court for enforcementE+W

F23Rule 13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24CCR ORDER 26E+WWARRANTS OF EXECUTION, DELIVERY AND POSSESSION

Textual Amendments

Application for warrant of executionE+W

F24Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Execution of High Court judgmentE+W

F24Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Execution against farmerE+W

F24Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Concurrent warrantsE+W

F24Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Permission to issue certain warrantsE+W

F24Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duration and renewal of warrantE+W

F24Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice on levyE+W

F24Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Bankruptcy or winding up of debtorE+W

F24Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Withdrawal and suspension of warrant at creditor’s requestE+W

F24Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspension of part warrantE+W

F24Rule 11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inventory and notice where goods removedE+W

F24Rule 12  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Account of saleE+W

F24Rule 13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification to foreign court of payment madeE+W

F24Rule 14  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Order for private saleE+W

F24Rule 15  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Warrant of deliveryE+W

F24Rule 16  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Warrant of possessionE+W

F24Rule 17  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Saving for enforcement by committalE+W

F24Rule 18  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CCR ORDER 27E+WATTACHMENT OF EARNINGS

Part I—GeneralE+W

InterpretationE+W

Rule 1—(1) In this Order—

“the Act of 1971” means the Attachment of Earnings Act 1971(1) and, unless the context otherwise requires, expressions used in that Act have the same meanings as in that Act;

[F25“judgment creditor” means the person who has obtained or is entitled to enforce a judgment or order;

“debtor” means the person against whom a judgment or order was given or made.]

Textual Amendments

F25Words in Sch. 2 CCR Order 27 rule 1(1) inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 39(b) (with rule 41)

Index of ordersE+W

Rule 2—(1) The court F26... shall keep a nominal index of the debtors F27... within the district of his court in respect of whom there are in force attachment of earnings orders which have been made by [F28the court].

F29(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F30A] court officer shall, on the request of any person having a judgment or order against a person F31... , cause a search to be made in the index of the court and issue a certificate of the result of the search.

Textual Amendments

F26Words in Sch. 2 CCR Order 27 rule 2(1) omitted (22.4.2014) by virtue of The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 39(c)(i)(aa); S.I. 2014/954, art. 2(a)

Appropriate courtE+W

Rule 3—(1) Subject to paragraphs [F32(2), (3) and (4)], an application for an attachment of earnings order [F33must be made at the County Court hearing centre which serves the address where] the debtor resides.

(2) [F34Subject to paragraph (4), if] the debtor does not reside within England or Wales, or the creditor does not know where [F35the debtor] resides, the application may be made to the [F36County Court hearing centre] in whichF37... the judgment or order sought to be enforced was obtained.

(3) [F38Subject to paragraph (4), where] the creditor applies for attachment of earnings orders in respect of two or more debtors jointly liable under a judgment or order, the application may be made to the [F39County Court hearing centre which serves the address at] which any of the debtors resides[F40. However,] if the judgment or order was given or made [F41at any other hearing centre], the application shall be made [F42there].

[F43(4) Where the judgment was made in [F44the County Court Money Claims Centre] and the proceedings have not [F45or sent] to a F46... court, the application must be made in accordance with section 2 of Practice Direction 70.]

Textual Amendments

F32Words in Sch. 2 CCR Order 27 rule 3(1) substituted (19.3.2012) by The Civil Procedure (Amendment) Rules 2012 (S.I. 2012/505), rules 1, 6(a)

Mode of applyingE+W

Rule 4—(1) A judgment creditor who desires to apply for an attachment of earnings order shall file [F47the] application certifying the amount of money remaining due under the judgment or order and that the whole or part of any instalment due remains unpaid and, where it is sought to enforce an order of a magistrates' court—

(a)a certified copy of the order; and

(b)a witness statement or affidavit verifying the amount due under the order or, if payments under the order are required to be made to the [F48[F49designated officer] for ] the magistrates' court, a certificate by that [F49designated officer] to the same effect.

F50(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F48Words in Sch. 2 CCR Order 27 rule 4(1)(b) substituted (1.4.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(b), 28(a)

F49Words in Sch. 2 CCR Order 27 rule 4(1)(b) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 176(a)

Service and replyE+W

Rule 5—[F51(1) Notice of the application together with a form of reply in the appropriate form, shall be served on the debtor in the manner [F52set out in CPR rule [F536.20]].]

(2) The debtor shall, within 8 days after service F54... of the documents mentioned in paragraph (1), file a reply in the form provided, and the instruction to that effect in the notice to the debtor shall constitute a requirement imposed by virtue of section 14 (4) of the Act of 1971:

Provided that no proceedings shall be taken for an offence alleged to have been committed under section 23 (2)(c) or (f) of the Act of 1971 in relation to the requirement unless the said documents have been served on the debtor personally or the court is satisfied that they came to [F55the debtor’s knowledge] in sufficient time F56... to comply with the requirement.

(2A) Nothing in paragraph (2) shall require a [F57debtor] to file a reply if, within the period of time mentioned in that paragraph, [F58the debtor pays] to the judgment creditor the money remaining due under the judgment or order and, where such payment is made, the judgment creditor shall so inform the court officer.

(3) On receipt of a reply the court officer shall send a copy to the applicant.

Textual Amendments

F52Words in Sch. 2 CCR Order 27 rule 5(1) substituted (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rules 1(c), 16 (with rule 24)

F53Word in Sch. 2 CCR Order 27 rule 5(1) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 40(a)

F54Words in Sch. 2 CCR Order 27 rule 5(2) omitted (22.4.2014) by virtue of The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 39(f)(i)(aa); S.I. 2014/954, art. 2(a)

F56Words in Sch. 2 CCR Order 27 rule 5(2) omitted (22.4.2014) by virtue of The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 39(f)(i)(bb); S.I. 2014/954, art. 2(a)

Notice to employerE+W

Rule 6  Without prejudice to the powers conferred by section 14 (1) of the Act of 1971, the court officer may, at any stage of the proceedings, send to any person appearing to have the debtor in [F59their] employment a notice requesting [F60them] to give to the court, within such period as may be specified in the notice, a statement of the debtor’s earnings and anticipated earnings with such particulars as may be so specified.

Textual Amendments

Attachment of earnings orderE+W

Rule 7—(1) On receipt of the debtor’s reply, the court officer may, if [F61there is] sufficient information to do so, make an attachment of earnings order and a copy of the order shall be sent to the parties and to the debtor’s employer.

(2) Where an order is made under paragraph (1), the judgment creditor or the debtor may, within 14 days of service of the order on [F62them and giving their] reasons, apply on notice for the order to be re-considered and the court officer shall fix a day for the hearing of the application and give to the judgment creditor and the debtor not less than 2 days' notice of the day so fixed.

(3) On hearing an application under paragraph (2), the [F63District Judge] may confirm the order or set it aside and make such new order as [F64the District Judge] thinks fit and the order so made shall be entered in the records of the court.

(4) Where an order is not made under paragraph (1), the court officer shall refer the application to the [F63District Judge] who shall, if [F65the District Judge] considers that [F66there is] sufficient information to do so without the attendance of the parties, determine the application.

(5) Where the [F63District Judge] does not determine the application under paragraph (4), [F67they] shall direct that a day be fixed for the hearing of the application whereupon the court officer shall fix such a day and give to the judgment creditor and the debtor not less than 8 days' notice of the day so fixed.

(6) Where an order is made under paragraph (4), the judgment creditor or the debtor may, within 14 days of service of the order on [F68them] and giving F69... reasons, apply on notice for the order to be re-considered; and the court officer shall fix a day for the hearing of the application and give to the judgment creditor and the debtor not less than 2 days' notice of the day so fixed.

(7) On hearing an application under paragraph (6), the [F63District Judge] may confirm the order or set it aside and make such new order as [F70the District Judge] thinks fit and the order so made shall be entered in the records of the court.

(8) If the creditor does not appear at the hearing of the application under paragraph (5) but—

(a)the court has received a witness statement or affidavit of evidence from [F71the creditor]; or

(b)the creditor requests the court in writing to proceed in [F72the creditor’s] absence,

the court may proceed to hear the application and to make an order thereon.

(9) An attachment of earnings order may be made to secure the payment of a judgment debt if the debt is—

(a)of not less than £50; or

(b)for the amount remaining payable under a judgment for a sum of not less than £50.

Textual Amendments

Failure by debtorE+W

Rule 7A—(1) If the debtor has failed to comply with rule 5 (2) or to make payment to the judgment creditor, the court officer may issue an order under section 14 (1) of the Act of 1971 which shall—

(a)be indorsed with or incorporate a notice warning the debtor of the consequences of disobedience to the order;

(b)be served on the debtor personally; and

(c)direct that any payments made thereafter shall be paid into the court and not direct to the judgment creditor.

(2) Without prejudice to rule 16, if the person served with an order made pursuant to paragraph (1) fails to obey it or to file a statement of F73... means or to make payment, the court officer shall issue a notice calling on that person to show good reason why [F74they] should not be imprisoned and any such notice shall be served on the debtor personally not less than 5 days before the hearing.

F75(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In this rule “statement of means” means a statement given under section 14 (1) of the Act of 1971.

Textual Amendments

F73Word in Sch. 2 CCR Order 27 rule 7A(2) omitted (22.4.2014) by virtue of The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 39(i)(i); S.I. 2014/954, art. 2(a)

F75Sch. 2 CCR Order 27 rule 7A(3) omitted (1.4.2013) by virtue of The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 20 (with rule 22)

Suspended committal orderE+W

Rule 7B—(1) If the debtor fails to attend at an adjourned hearing of an application for an attachment of earnings order and a committal order is made, the judge or [F63District Judge] may direct that the committal order shall be suspended so long as the debtor attends at the time and place specified in the committal order and paragraphs (2), (4) and (5) of Order 28, rule 7 shall apply, with the necessary modifications, where such a direction is given as they apply where a direction is given under paragraph (1) of that rule.

(2) Where a committal order is suspended under paragraph (1) and the debtor fails to attend at the time and place specified under paragraph (1), a certificate to that effect given by the court officer shall be sufficient authority for the issue of a warrant of committal.

Textual Amendments

Failure by debtor—maintenance ordersE+W

F76Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CostsE+W

Rule 9—(1) Where costs are allowed to the judgment creditor on an application for an attachment of earnings order, there may be allowed—

(a)a charge of a solicitor for attending the hearing and, if the court so directs, for serving the application;

(b)if the court certifies that the case is fit for counsel, a fee to counsel; and

(c)the court fee on the issue of the application.

(2) For the purpose of paragraph (1)(a) a solicitor who has prepared on behalf of the judgment creditor a witness statement or affidavit or request under rule 7 (8) shall be treated as having attended the hearing.

(3) The costs may be fixed and allowed without detailed assessment under CPR Part 47.

Modifications etc. (not altering text)

Contents and service of orderE+W

Rule 10—(1) An attachment of earnings order shall contain such of the following particulars relating to the debtor as are known to the court, namely—

(a)[F77the debtor’s] full name and address;

(b)[F77the debtor’s] place of work; and

(c)the nature of [F77the debtor’s] work and F78... works number, if any,

[F79which] shall be the prescribed particulars for the purposes of section 6 (3) of the Act of 1971.

(2) An attachment of earnings order and any order varying or discharging such an order shall be served on the debtor and on the person to whom the order is directed, and CPR Part 6 and CPR rules 40.4 and 40.5 shall apply with the further modification that where the order is directed to a corporation which has requested the court that any communication relating to the debtor or to the class of persons to whom [F80the debtor] belongs shall be directed to the corporation at a particular address, service may, if the [F63District Judge] thinks fit, be effected on the corporation at that address.

(3) Where an attachment of earnings order is made to enforce a judgment or order of the High Court or a magistrates' court, a copy of the attachment of earnings order and of any order discharging it shall be sent by the court officer of the [F81County Court] to the court officer of the High Court, or, as the case may be, the [F82[F83designated officer] for] the magistrates' court.

Textual Amendments

F78Word in Sch. 2 CCR Order 27 rule 10(1) omitted (22.4.2014) by virtue of The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 39(k)(i)(bb); S.I. 2014/954, art. 2(a)

F82Words in Sch. 2 CCR Order 27 rule 10(3) substituted (15.10.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(b), 27(b)

Application to determine whether particular payments are earningsE+W

Rule 11  An application to the court under section 16 of the Act of 1971 to determine whether payments to the debtor of a particular class or description are earnings for the purpose of an attachment of earnings order may be made to the [F63District Judge] in writing and the court officer shall thereupon fix a date and time for the hearing of the application by the court and give notice thereof to the persons mentioned in the said section 16 (2)(a), (b) and (c).

Textual Amendments

Notice of cesserE+W

Rule 12  Where an attachment of earnings order ceases to have effect under section 8 (4) of the Act of 1971, the court officer of the court in which the matter is proceeding shall give notice of the cesser to the person to whom the order was directed.

Variation and discharge by court of own [F84initiative] E+W

Rule 13—(1) Subject to paragraph (9), the powers conferred by section 9 (1) of the Act of 1971 may be exercised by the court of its own [F85initiative] in the circumstances mentioned in the following paragraphs.

(2) Where it appears to the court that a person served with an attachment of earnings order [F86does not employ the debtor], the court may discharge the order.

(3) Where an attachment of earnings order which has lapsed under section 9 (4) of the Act of 1971 is again directed to a person who appears to the court to [F87employ the debtor], the court may make such consequential variations in the order as it thinks fit.

(4) Where, after making an attachment of earnings order, the court makes or is notified of the making of another such order in respect of the same debtor which is not to secure the payment of a judgment debt or payments under an administration order, the court may discharge or vary the first-mentioned order having regard to the priority accorded to the other order by paragraph 8 of Schedule 3 to the Act of 1971.

(5) Where, after making an attachment of earnings order, the court makes an order under section 4 (1)(b) of the Act of 1971(2) or makes an administration order, the court may discharge the attachment of earnings order or, if it exercises the power conferred by section 5 (3) of the said Act, may vary the order in such manner as it thinks fit.

(6) On making a consolidated attachment of earnings order the court may discharge any earlier attachment of earnings order made to secure the payment of a judgment debt by the same debtor.

(7) Where it appears to the court that a bankruptcy order has been made against a person in respect of whom an attachment of earnings order is in force to secure the payment of a judgment debt, the court may discharge the attachment of earnings order.

(8) Where an attachment of earnings order has been made to secure the payment of a judgment debt and the court grants permission to issue execution for the recovery of the debt, the court may discharge the order.

(9) Before varying or discharging an attachment of earnings order of its own [F88initiative] under any of the foregoing paragraphs of this rule, the court shall, unless it thinks it unnecessary in the circumstances to do so, give the debtor and the person on whose application the order was made an opportunity of being heard on the question whether the order should be varied or discharged, and for that purpose the court officer may give them notice of a date, time and place at which the question will be considered.

Textual Amendments

F84Word in Sch. 2 CCR Order 27 rule 13 heading substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 39(l)(i); S.I. 2014/954, art. 2(a)

Transfer of attachment orderE+W

Rule 14—(1) Where the court by which the question of making a consolidated attachment order falls to be considered is not the court by which any attachment of earnings order has been made to secure the payment of a judgment debt by the debtor, the [F63District Judge] of the last-mentioned court shall, at the request of the [F63District Judge] of the first-mentioned court, transfer to that court the matter in which the attachment of earnings order was made.

(2) Without prejudice to paragraph (1), if in the opinion of the judge or [F63District Judge] of any court by which an attachment of earnings order has been made, the matter could more conveniently proceed in some other court, whether by reason of the debtor having become resident in the district of that court or otherwise, [F89the District Judge] may order the matter to be transferred to that court.

(3) The court to which proceedings arising out of an attachment of earnings are transferred under this rule shall have the same jurisdiction in relation to the order as if it has been made by that court.

Textual Amendments

Exercise of power to obtain statement of earnings etc.E+W

Rule 15—(1) An order under section 14 (1) of the Act of 1971 shall be indorsed with or incorporate a notice warning the person to whom it is directed of the consequences of disobedience to the order and shall be served on [F90them] personally.

(2) Order 34, rule 2, shall apply, with the necessary modifications, in relation to any penalty for failure to comply with an order under the said section 14 (1) or, subject to the proviso to rule 5 (2), any penalty for failure to comply with a requirement mentioned in that rule, as it applies in relation to a fine under section 55 of the County Courts Act 1984(3).

Textual Amendments

OffencesE+W

Rule 16—(1) Where it is alleged that a person has committed any offence mentioned in section 23 (2)(a), (b), (d), (e) or (f) of the Act of 1971 in relation to proceedings in, or to an attachment of earnings order made by, [F91the County Court], the [F63District Judge] shall, unless it is decided to proceed against the alleged offender summarily, issue a summons calling upon [F92the alleged offender] to show cause why [F93the alleged offender] should not be punished for the alleged offence.

The summons shall be served on the alleged offender personally not less than 14 days before the return day.

(2) Order 34, rules 3 and 4, shall apply, with the necessary modifications, to proceedings for an offence under section 23 (2) of the Act of 1971 as they apply to proceedings for offences under the County Courts Act 1984(4).

Textual Amendments

Maintenance ordersE+W

F94Rule 17  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Part II—Consolidated Attachment of Earnings OrdersE+W

Cases in which consolidated order may be madeE+W

Rule 18  Subject to the provisions of rules 19 to 21, the court may make a consolidated attachment order where—

(a)two or more attachment of earnings orders are in force to secure the payment of judgment debts by the same debtor; or

(b)on an application for an attachment of earnings order to secure the payment of a judgment debt, or for a consolidated attachment order to secure the payment of two or more judgment debts, it appears to the court that an attachment of earnings order is already in force to secure the payment of a judgment debt by the same debtor.

Application for consolidated orderE+W

Rule 19—(1) An application for a consolidated attachment order may be made—

(a)by the debtor in respect of whom the order is sought; or

(b)by any person who has obtained or is entitled to apply for an attachment of earnings order to secure the payment of a judgment debt by that debtor.

(2) An application under paragraph (1) may be made in the proceedings in which any attachment of earnings order (other than a priority order) is in force and rules 3, 4 and 5 of this Order shall not apply.

(3) Where the judgment which it is sought to enforce was not given by the court which made the attachment of earnings order, the judgment shall be automatically transferred to the court which made the attachment of earnings order.

(3A) An application under paragraph (1)(b) shall certify the amount of money remaining due under the judgment or order and that the whole or part of any instalment due remains unpaid.

(3B) Where an application for a consolidated attachment of earnings order is made, the court officer shall—

(a)notify any party who may be affected by the application of its terms; and

(b)require [F95that party] to notify the court in writing, within 14 days of service of notification [F96, giving reasons for any objection] to the granting of the application.

(3C) If notice of any objection is not given within the time stated, the court officer shall make a consolidated attachment of earnings order.

(3D) If any party objects to the making of a consolidated attachment of earnings order, the court officer shall refer the application to the [F63District Judge] who may grant the application after considering the objection made and the reasons given.

(3E) In the foregoing paragraphs of this rule, a party affected by the application means—

(a)where the application is made by the debtor, the creditor in the proceedings in which the application is made and any other creditor who has obtained an attachment of earnings order which is in force to secure the payment of a judgment debt by the debtor;

(b)where the application is made by the judgment creditor, the debtor and every person who, to the knowledge of the applicant, has obtained an attachment of earnings order which is in force to secure the payment of a judgment debt by the debtor.

(4) A person to whom two or more attachment of earnings orders are directed to secure the payment of judgment debts by the same debtor may request the court in writing to make a consolidated attachment order to secure the payment of those debts, and on receipt of such a request paragraphs (3B) to (3E) shall apply, with the necessary modifications, as if the request were an application by the judgment creditor.

Textual Amendments

F95Words in Sch. 2 CCR Order 27 rule 19 (3B)(b) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 39(q)(i); S.I. 2014/954, art. 2(a)

F96Words in Sch. 2 CCR Order 27 rule 19 (3B)(b) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 39(q)(ii); S.I. 2014/954, art. 2(a)

Making of consolidated order by court of its own [F97initiative] E+W

Rule 20  Where an application is made for an attachment of earnings order to secure the payment of a judgment debt by a debtor in respect of whom an attachment of earnings order is already in force to secure the payment of another judgment debt and no application is made for a consolidated attachment order, the court officer may make such an order of [F98their own initiative] after giving all persons concerned an opportunity of submitting written objections.

Textual Amendments

F97Word in Sch. 2 CCR Order 27 rule 20 heading substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 39(r)(i); S.I. 2014/954, art. 2(a)

Extension of consolidated orderE+W

Rule 21—(1) Where a consolidated attachment order is in force to secure the payment of two or more judgment debts, any creditor to whom another judgment debt is owed by the same judgment debtor may apply to the court by which the order was made for it to be extended so as to secure the payment of that debt as well as the first-mentioned debts and, if the application is granted, the court may either vary the order accordingly or may discharge it and make a new consolidated attachment order to secure payment of all the aforesaid judgment debts.

(2) An application under this rule shall be treated for the purposes of rules 19 and 20 as an application for a consolidated attachment order.

Payments under consolidated orderE+W

Rule 22  Instead of complying with section 13 of the Act of 1971, a court officer who receives payments made F99... in compliance with a consolidated attachment order shall, after deducting such court fees, if any, in respect of proceedings for or arising out of the order as are deductible from those payments, deal with the sums paid as F100... if they had been paid by the debtor to satisfy the relevant adjudications in proportion to the amounts payable thereunder, and for that purpose dividends may from time to time be declared and distributed among the creditors entitled thereto.

Textual Amendments

F99Words in Sch. 2 CCR Order 27 rule 22 omitted (22.4.2014) by virtue of The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 39(s)(i); S.I. 2014/954, art. 2(a)

CCR ORDER 28E+WJUDGMENT SUMMONSES

[F101DefinitionsE+W

Rule A1.  In this Order—

(a)“judgment creditor” means the person who has obtained or is entitled to enforce a judgment or order; and

(b)“debtor” means the person against whom a judgment or order was given or made.]

Textual Amendments

Application for judgment summonsE+W

Rule 1—(1) An application for the issue of a judgment summons may be made to the [F102County Court hearing centre which serves the address where] the debtor resides or carries on business or, if the summons is to issue against two or more persons jointly liable under the judgment or order sought to be enforced, in the [F102County Court hearing centre which serves the address where] any of the debtors resides or carries on business.

(2) The judgment creditor shall make [F103the] application by filing a request in that behalf certifying the amount of money remaining due under the judgment or order, the amount in respect of which the judgment summons is to issue and that the whole or part of any instalment due remains unpaid.

[F104(3) The judgment creditor must file with the request all written evidence on which [F105the judgment creditor] intends to rely.]

Textual Amendments

F102Words in Sch. 2 CCR Order 28 rule 1(1) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(b)(i) (with rule 25)

F103Word in Sch. 2 CCR Order 28 rule 1(2) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(b)(ii) (with rule 25)

F105Words in Sch. 2 CCR Order 28 rule 1(3) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(b)(iii) (with rule 25)

Modifications etc. (not altering text)

C5Sch. 2 CCR Order 28 rule 1 excluded (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.18(1) (with rules 2.1, 33.1(1))

[F106Description of partiesE+W

Rule 1A.—(1) This rule applies where the name or address of the judgment creditor or debtor as given in the request for the issue of a judgment summons differs from that person’s name or address in the judgment or order sought to be enforced.

(2) If the judgment creditor files a witness statement that satisfies the court officer that the name or address as given in the request is applicable to the person concerned, the judgment creditor or the debtor will be described in the judgment summons as “CD of [name and address as given in the request] suing [or sued] as AD of [name and address in the judgment or order]”.]

Textual Amendments

Mode of serviceE+W

Rule 2—(1) Subject to paragraph (2), a judgment summons shall be served personally on every debtor against whom it is issued.

(2) Where the judgment creditor or [F107the judgment creditor’s] solicitor gives a certificate for postal service in respect of a debtor residing or carrying on business [F108at an address which is served by the County Court hearing centre], [F109the judgment summons will], unless the [F110District Judge] otherwise directs, be served on that debtor by F111... the court [F112sending it to the debtor] by first-class post at the address stated in the request for the judgment summons and, unless the contrary is shown, [F113the date of service is] deemed to be the seventh day after the date on which the judgment summons was sent to the debtor.

(3) Where a judgment summons has been served on a debtor in accordance with paragraph (2), no order of commitment shall be made against [F114the debtor] unless—

(a)[F115the debtor] appears at the hearing; or

[F116(b)it is made under section 110(2) of the Act.]

[F117(4) The written evidence on which the judgment creditor intends to rely must be served with the judgment summons.]

Textual Amendments

F108Words in Sch. 2 CCR Order 28 rule 2(2) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(c)(i) (with rule 25)

F114Words in Sch. 2 CCR Order 28 rule 2(3) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(c)(ii) (with rule 25)

F115Words in Sch. 2 CCR Order 28 rule 2(3)(a) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(c)(iii) (with rule 25)

Modifications etc. (not altering text)

C6Sch. 2 CCR Order 28 rule 2 excluded (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.18(1) (with rules 2.1, 33.1(1))

Time for serviceE+W

Rule 3—(1) [F118The judgment summons and written evidence must] be served not less than 14 days before the day fixed for the hearing.

(2) A notice of non-service [F119will] be sent pursuant to CPR rule [F1206.18] in respect of a judgment summons which has been sent by post under rule 2 (2) and has been returned to the court F121... undelivered.

(3) CPR rules 7.5 and 7.6 F122... apply, with the necessary modifications, to a judgment summons as they apply to a claim form.

Textual Amendments

Modifications etc. (not altering text)

C8Sch. 2 CCR Order 28 rule 3(2) excluded (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.18(1) (with rules 2.1, 33.1(1))

Enforcement of debtor’s attendanceE+W

Rule 4—(1) Order 27, rules 7B and 8, shall apply, with the necessary modifications, to an order made under section 110 (1) of the Act for the attendance of the debtor at an adjourned hearing of a judgment summons as they apply to an order made under section 23 (1)of the Attachment of Earnings Act 1971(5) for the attendance of the debtor at an adjourned hearing of an application for an attachment of earnings order.

[F123(1A) An order made under section 110(1) of the Act must be served personally on the judgment debtor.

(1B) Copies of—

(a)the judgment summons; and

(b)the written evidence,

must be served with the order.]

(2) At the time of service of the order there shall be paid or tendered to the debtor a sum reasonably sufficient to cover [F124the debtor’s] expenses in travelling to and from the court, unless such a sum was paid F125... at the time of service of the judgment summons.

Textual Amendments

F124Words in Sch. 2 CCR Order 28 rule 2(4) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(d)(i) (with rule 25)

F125Words in Sch. 2 CCR Order 28 rule 2(4) omitted (22.4.2014) by virtue of The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(d)(ii) (with rule 25)

[F126EvidenceE+W

Rule 5—(1) No person may be committed on an application for a judgment summons unless—

(a)the order is made under section 110(2) of the Act; or

(b)the judgment creditor proves that the debtor—

(i)has or has had since the date of the judgment or order the means to pay the sum in respect of which [F127default has been made]; and

(ii)has refused or neglected or refuses or neglects to pay that sum.

(2) The debtor may not be compelled to give evidence.]

Textual Amendments

F127Words in Sch. 2 CCR Order 28 rule 5(1)(b)(i) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(e) (with rule 25)

Modifications etc. (not altering text)

C9Sch. 2 CCR Order 28 rule 5 excluded (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.18(1) (with rules 2.1, 33.1(1))

Suspension of committal orderE+W

Rule 7—(1) If on the hearing of a judgment summons a committal order is made, the [F128court] may direct execution of the order to be suspended to enable the debtor to pay the amount due.

(2) A note of any direction given under paragraph (1) shall be entered in the records of the court and notice of the suspended committal order shall be sent to the debtor.

(3) Where a judgment summons is issued in respect of one or more but not all of the instalments payable under a judgment or order for payment by instalments and a committal order is made and suspended under paragraph (1), the judgment or order shall, unless the [F129court] otherwise orders, be suspended for so long as the execution of the committal order is suspended.

(4) Where execution of a committal order is suspended under paragraph (1) and the debtor subsequently desires to apply for a further suspension, the debtor shall attend at or write to the court office and apply for the suspension [F130desired], stating the reasons for [F131the debtor’s] inability to comply with the terms of the original suspension, and the court shall fix a day for the hearing of the application by the [F132court] and give at least 3 days' notice thereof to the judgment creditor and the debtor.

(5) The [F110District Judge] may suspend execution of the committal order pending the hearing of an application under paragraph (4).

Textual Amendments

F128Word in Sch. 2 CCR Order 28 rule 7(1) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(f)(i) (with rule 25)

F129Word in Sch. 2 CCR Order 28 rule 7(3) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(f)(ii) (with rule 25)

F130Word in Sch. 2 CCR Order 28 rule 7(4) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(f)(iii)(aa) (with rule 25)

F131Words in Sch. 2 CCR Order 28 rule 7(4) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(f)(iii)(bb) (with rule 25)

F132Word in Sch. 2 CCR Order 28 rule 7(4) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(f)(iii)(cc) (with rule 25)

Modifications etc. (not altering text)

C10Sch. 2 CCR Order 28 rule 7(1)(2) applied (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.18(3) (with rules 2.1, 33.1(1), 33.16(2)(3))

C11Sch. 2 CCR Order 28 rule 7(3) excluded (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.18(1) (with rules 2.1, 33.1(1))

New order on judgment summonsE+W

Rule 8—(1) Where on the hearing of a judgment summons, the [F133court] makes a new order for payment of the amount of the judgment debt remaining unpaid, there shall be included in the amount payable under the order for the purpose of any enforcement proceedings, otherwise than by judgment summons, any amount in respect of which a committal order has already been made and the debtor imprisoned.

(2) No judgment summons under the new order shall include any amount in respect of which the debtor was imprisoned before the new order was made, and any amount subsequently paid shall be appropriated in the first instance to the amount due under the new order.

Textual Amendments

F133Word in Sch. 2 CCR Order 28 rule 8(1) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(g) (with rule 25)

Notification of order on judgment of High CourtE+W

Rule 9—(1) Notice of the result of the hearing of a judgment summons on a judgment or order of the High Court shall be sent by the [F134County Court] to the High Court.

[F135(2) If a committal order or a new order for payment is made on the hearing, the office copy of the judgment or order filed in the [F134County Court] shall be deemed to be a judgment or order of the court in which the judgment summons is heard.]

Textual Amendments

Modifications etc. (not altering text)

C12Sch. 2 CCR Order 28 rule 9(1) applied (with modifications) (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.18(2) (with rules 2.1, 33.1(1))

C13Sch. 2 CCR Order 28 rule 9(2) excluded (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.18(1) (with rules 2.1, 33.1(1))

Costs on judgment summonsE+W

Rule 10—(1) No costs shall be allowed to the judgment creditor on the hearing of a judgment summons unless—

(a)a committal order is made; or

(b)the sum in respect of which the judgment summons was issued is paid before the hearing.

(2) Where costs are allowed to the judgment creditor,

(a)there may be allowed—

(i)a charge of the judgment creditor’s solicitor for attending the hearing and, if the [F136court] so directs, for serving the judgment summons;

(ii)a fee to counsel if the court certifies that the case is fit for counsel;

(iii)any travelling expenses paid to the debtor, and

(iv)the court fee on the issue of the judgment summons;

(b)the costs may be fixed and allowed without detailed assessment under CPR Part 47.

F137(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F136Word in Sch. 2 CCR Order 28 rule 10(2)(a)(i) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(h) (with rule 25)

Modifications etc. (not altering text)

Issue of warrant of committalE+W

Rule 11—(1) A judgment creditor desiring a warrant to be issued pursuant to a committal order shall file a request in that behalf.

(2) Where two or more debtors are to be committed in respect of the same judgment or order, a separate warrant of committal shall be issued for each of them.

F138(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F138Sch. 2 CCR Order 28 rule 11(3) omitted (22.4.2014) by virtue of The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(i) (with rule 25)

Notification to foreign court of part payment before debtor lodged in prisonE+W

F139Rule 12  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F139Sch. 2 CCR Order 28 rule 12 omitted (22.4.2014) by virtue of The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(j) (with rule 25)

Payment after debtor lodged in prisonE+W

Rule 13—(1) Where, after the debtor has been lodged in prison under a warrant of committal, payment is made of the sum on payment of which the debtor is to be discharged, then—

(a)if the payment is made to the court F140..., [F141the court officer] shall make and sign a certificate of payment and send it by post or otherwise to the gaoler;

F142(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)if the payment is made to the gaoler, [F143the gaoler] shall sign a certificate of payment and send the amount to the court which made the committal order.

(2) Where, after the debtor has been lodged in prison under a warrant of committal, payment is made of an amount less than the sum on payment of which the debtor is to be discharged, then subject to paragraph (3), paragraph (1)(a) and (b) shall apply with the substitution of references to a notice of payment for the references to a certificate of payment and paragraph (1)(c)shall apply with the omission of the requirement to make and sign a certificate of payment.

(3) Where, after the making of a payment to which paragraph (2) relates, the balance of the sum on payment of which the debtor is to be discharged is paid, paragraph (1) shall apply without the modifications mentioned in paragraph (2).

Textual Amendments

F140Words in Sch. 2 CCR Order 28 rule 13(1)(a) omitted (22.4.2014) by virtue of The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(k)(i) (with rule 25)

F142Sch. 2 CCR Order 28 rule 13(1)(b) omitted (22.4.2014) by virtue of The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(k)(ii) (with rule 25)

F143Words in Sch. 2 CCR Order 28 rule 13(1)(c) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(k)(iii) (with rule 25)

Discharge of debtor otherwise than on paymentE+W

Rule 14—(1) Where the judgment creditor lodges with [F144court] a request that a debtor lodged in prison under a warrant of committal may be discharged from custody, [F144court] shall make an order for the discharge of the debtor in respect of the warrant of committal and the court shall send the gaoler a certificate of discharge.

(2) Where a debtor who has been lodged in prison under a warrant of committal desires to apply for F145... discharge under section 121 of the Act, the application shall be made to the judge in writing and without notice showing the reasons why the debtor alleges that [F146the debtor] is unable to pay the sum in respect of which [F146the debtor] has been committed and ought to be discharged and stating any offer which [F146the debtor] desires to make as to the terms on which F145... discharge is to be ordered, and Order 27, rule 8 (3) and (4), shall apply, with the necessary modifications, as it applies to an application by a debtor for F145... discharge from custody under section 23 (7) of the Attachment of Earnings Act 1971(6).

(3) If in a case to which paragraph (2) relates the debtor is ordered to be discharged from custody on terms which include liability to re-arrest if the terms are not complied with, the [F147court] may, on the application of the judgment creditor if the terms are not complied with, order the debtor to be re-arrested and imprisoned for such part of the term of imprisonment as remained unserved at the time of discharge.

(4) Where an order is made under paragraph (3), a duplicate warrant of committal shall be issued, indorsed with a certificate signed by the court officer as to the order of the judge.

Textual Amendments

F144Word in Sch. 2 CCR Order 28 rule 14(1) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(l)(i) (with rule 25)

F145Word in Sch. 2 CCR Order 28 rule 14(2) omitted (22.4.2014) by virtue of The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(l)(ii)(aa) (with rule 25)

F146Words in Sch. 2 CCR Order 28 rule 14(2) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(l)(ii)(bb) (with rule 25)

F147Word in Sch. 2 CCR Order 28 rule 14(3) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(l)(iii) (with rule 25)

CCR ORDER 29E+WCOMMITTAL FOR BREACH OF ORDER OR UNDERTAKING

Enforcement of judgment to do or abstain from doing any actE+W

F148Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Undertaking given by partyE+W

F148Rule 1A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Solicitor’s undertakingE+W

F148Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Discharge of person in custodyE+W

F148Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CCR ORDER 30E+WGARNISHEE PROCEEDINGS

Attachment of debt due to judgment debtorE+W

F149Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application for orderE+W

F149Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Preparation, service and effect of order to show causeE+W

F149Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Notice by deposit-taking institution denying indebtednessE+W

F149Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Order where no notice given etc.E+W

F149Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Directions where dispute as to notice under rule 5E+W

F149Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Determination of liability in other casesE+W

F149Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Transfer of proceedingsE+W

F149Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Discharge of garnisheeE+W

F149Rule 11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Money in courtE+W

F149Rule 12  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Costs of judgment creditorE+W

F149Rule 13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Attachment of debt owed by firmE+W

F149Rule 14  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Powers of district judgeE+W

F149Rule 15  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CCR ORDER 31E+WCHARGING ORDERS

Application for charging orderE+W

F150Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Order on further consideration of application for charging orderE+W

F150Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Effect of charging order etc.E+W

F150Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Enforcement of charging order by saleE+W

F150Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F151CCR ORDER 33E+WINTERPLEADER PROCEEDINGS

Textual Amendments

Part I Under ExecutionE+W

Notice of claimE+W

F151Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reply to interpleader claimE+W

F151Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Order protecting district judgeE+W

F151Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Issue of interpleader proceedingsE+W

F151Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Claim for damagesE+W

F151Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II— Otherwise than under ExecutionE+W

Application for reliefE+W

F151Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Relief in pending claimE+W

F151Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Relief otherwise than in pending claimE+W

F151Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment into court etc.E+W

F151Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reply by interpleader claimantE+W

F151Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Order barring interpleader claim etc.E+W

F151Rule 11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CCR ORDER 34E+WPENAL AND DISCIPLINARY PROVISIONS

Issue and service of summons for offence under s.14, 92 or 124 of the ActE+W

F152Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Committal under s.14, 92 or 118 of the ActE+W

F152Rule 1A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Notice to show cause before or after fine under s.55 of the ActE+W

F152Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Non-payment of fineE+W

F152Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Repayment of fineE+W

F152Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F153CCR ORDER 35E+WENFORCEMENT OF COUNTY COURT JUDGMENTS OUTSIDE ENGLAND AND WALES

Textual Amendments

Part I—Enforcement outside United KingdomE+W

Interpretation of Part IE+W

F153Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application under s.10 of the Act of 1933 for certified copy of county court judgmentE+W

F153Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application under s.12 of the Act of 1982 for certified copy of county court judgmentE+W

F153Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application under Article 54 of the Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial mattersE+W

F153Rule 3A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II—Enforcement in other parts of the United KingdomE+W

Interpretation of Part IIE+W

F153Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for certificate of money provisionE+W

F153Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for certified copy of judgment containing non-money provisionE+W

F153Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F154CCR ORDER 37...E+WREHEARING, SETTING ASIDE AND APPEAL FROM DISTRICT JUDGE

Textual Amendments

RehearingE+W

F154Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal from district judgeE+W

F154Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Imposition of terms and stay of executionE+W

F154Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F155CCR ORDER 38E+WCOSTS

Textual Amendments

Fixed costsE+W

F155Rule 18  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F155APPENDIX BE+WPART I

F155...E+W

F155Part IIE+WJudgments

F155...E+W

F155PART IIIE+WMiscellaneous Proceedings

F155...

CCR ORDER 39E+WADMINISTRATION ORDERS

Exercise of powers F156...E+W

Rule 1  Any powers conferred on the court by Part VI of the Act, section 4 of the Attachment of Earnings Act 1971(7) or this Order may be exercised by [F157a judge of the County Court] or, in the circumstances mentioned in this Order, by the court officer.

Textual Amendments

F156Words in Sch. 2 CCR Order 39 rule 1 heading omitted (22.4.2014) by virtue of The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(b)(i) (with rule 25)

F157Words in Sch. 2 CCR Order 39 rule 1 substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(b)(ii) (with rule 25)

Request and list of creditorsE+W

Rule 2—(1) A debtor who desires to obtain an administration order under Part VI of the Act shall file a request in that behalf [F158at the County Court hearing centre which serves the address where the debtor] resides or carries on business.

(2) Where on F159... examination under [F160CPR Part 71], or otherwise, a debtor furnishes to the court on oath a list of F159... creditors and the amounts [F161owed] to them respectively and sufficient particulars of F159... [F162the debtor’s] resources and needs, the court may proceed as if the debtor had filed a request under paragraph (1).

(3) Where a debtor is ordered to furnish a list under section 4 (1)(b) of the said Act of 1971, then, unless otherwise directed, the list shall be filed within 14 days after the making of the order.

Textual Amendments

F158Words in Sch. 2 CCR Order 39 rule 2(1) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(c)(i) (with rule 25)

F159Word in Sch. 2 CCR Order 39 rule 2(2) omitted (22.4.2014) by virtue of The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(c)(ii)(aa) (with rule 25)

F161Word in Sch. 2 CCR Order 39 rule 2(2) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(c)(ii)(bb) (with rule 25)

F162Words in Sch. 2 CCR Order 39 rule 2(2) inserted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(c)(ii)(cc) (with rule 25)

Verification on oathE+W

Rule 3  The statements in the request mentioned in rule 2 (1) and the list mentioned in rule 2 (3) shall be verified by the debtor on oath.

Orders made by the court officerE+W

Rule 5—(1) The question whether an administration order should be made, and the terms of such an order, may be decided by the court officer in accordance with the provisions of this rule.

(2) On the filing of a request or list under rule 2, the court officer may, if [F163the court officer] considers that the debtor’s means are sufficient to discharge in full and within a reasonable period the total amount of the debts included in the list, determine the amount and frequency of the payments to be made under such an order (“the proposed rate”) and—

(a)notify the debtor of the proposed rate requiring [F164the debtor] to give written reasons for any objection F165... to the proposed rate within 14 days of service of [F166that notification];

(b)send to each creditor mentioned in the list provided by the debtor a copy of the debtor’s request or of the list together with the proposed rate;

(c)require any such creditor to give written reasons for any objection [F167the creditor] may have to the making of an administration order within 14 days of service of the documents mentioned in sub-paragraph (b) upon [F168the creditor].

Objections under sub-paragraph (c) may be to the making of an order, to the proposed rate or to the inclusion of a particular debt in the order.

(3) Where no objection under paragraph (2)(a) or (c) is received within the time stated, the court officer may make an administration order providing for payment in full of the total amount of the debts included in the list.

(4) Where the debtor or a creditor notifies the court of any objection within the time stated, the court officer shall fix a day for a hearing at which the [F169court] will decide whether an administration order should be made and the court officer shall give not less than 14 days' notice of the day so fixed to the debtor and to each creditor mentioned in the list provided by the debtor.

(5) Where the court officer is unable to fix a rate under paragraph (2) (whether because [F170the court officer] considers that the debtor’s means are insufficient or otherwise), [F171the request shall be referred to the court].

(6) Where the [F172the court considers that it is] able to do so without the attendance of the parties, F173... the proposed rate providing for payment of the debts included in the list [F174may be fixed] in full or to such extent and within such a period as appears practicable in the circumstances of the case.

(7) Where the proposed rate is fixed under paragraph (6), paragraphs (2) to (4) shall apply with the necessary modifications as if the rate had been fixed by the court officer.

(8) Where the [F175court] does not fix the proposed rate under paragraph (6), [F176it will] direct the court officer to fix a day for a hearing at which the [F175court] will decide whether an administration order should be made and the court officer shall give not less than 14 days' notice of the day so fixed to the debtor and to each creditor mentioned in the list provided by the debtor.

(9) Where an administration order is made under paragraph (3), the court officer may exercise the power of the court under section 5 of the Attachment of Earnings Act 1971 to make an attachment of earnings order to secure the payments required by the administration order.

Textual Amendments

F163Words in Sch. 2 CCR Order 39 rule 5(2) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(d)(i) (with rule 25)

F164Words in Sch. 2 CCR Order 39 rule 5(2)(a) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(d)(ii)(aa) (with rule 25)

F165Words in Sch. 2 CCR Order 39 rule 5(2)(a) omitted (22.4.2014) by virtue of The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(d)(ii)(bb) (with rule 25)

F166Words in Sch. 2 CCR Order 39 rule 5(2)(a) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(d)(ii)(cc) (with rule 25)

F167Words in Sch. 2 CCR Order 39 rule 5(2)(c) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(d)(iii)(aa) (with rule 25)

F168Words in Sch. 2 CCR Order 39 rule 5(2)(c) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(d)(iii)(bb) (with rule 25)

F169Word in Sch. 2 CCR Order 39 rule 5(4) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(d)(iv) (with rule 25)

F170Words in Sch. 2 CCR Order 39 rule 5(5) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(d)(v)(aa) (with rule 25)

F171Words in Sch. 2 CCR Order 39 rule 5(5) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(d)(v)(bb) (with rule 25)

F172Words in Sch. 2 CCR Order 39 rule 5(6) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(d)(vi)(aa) (with rule 25)

F173Words in Sch. 2 CCR Order 39 rule 5(6) omitted (22.4.2014) by virtue of The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(d)(vi)(bb) (with rule 25)

F174Words in Sch. 2 CCR Order 39 rule 5(6) inserted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(d)(vi)(cc) (with rule 25)

F175Word in Sch. 2 CCR Order 39 rule 5(8) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(d)(vii)(aa) (with rule 25)

F176Words in Sch. 2 CCR Order 39 rule 5(8) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(d)(vii)(bb) (with rule 25)

Notice of objection by creditorE+W

Rule 6—(1) Any creditor to whom notice has been given under rule 5 (8) and who objects to any debt included in the list furnished by the debtor shall, not less than 7 days before the day of hearing, give notice of [F177that] objection, stating the grounds thereof, to the court officer, to the debtor and to the creditor to whose debt [F178the objection is made].

(2) Except with the permission of the court, no creditor may object to a debt unless [F179that creditor has given notice of the] objection under paragraph (1).

Textual Amendments

F177Word in Sch. 2 CCR Order 39 rule 6(1) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(e)(i)(aa) (with rule 25)

F178Words in Sch. 2 CCR Order 39 rule 6(1) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(e)(i)(bb) (with rule 25)

F179Words in Sch. 2 CCR Order 39 rule 6(2) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(e)(ii) (with rule 25)

Procedure on day of hearingE+W

Rule 7  On the day of the hearing—

(a)any creditor, whether or not F180... mentioned in the list furnished by the debtor, may attend and prove [F181their] debt or, subject to rule 6, object to any debt included in that list;

(b)every debt included in that list shall be taken to be proved unless it is objected to by a creditor or disallowed by the court or required by the court to be supported by evidence;

(c)any creditor whose debt is required by the court to be supported by evidence shall prove [F182that] debt;

(d)the court may adjourn proof of any debt and, if it does so, may either adjourn consideration of the question whether an administration order should be made or proceed to determine the question, in which case, if an administration order is made, the debt, when proved, shall be added to the debts scheduled to the order;

(e)any creditor whose debt is admitted or proved, and, with the permission of the court, any creditor the proof of whose debt has been adjourned, shall be entitled to be heard and to adduce evidence on the question whether an administration order should be made and, if so, in what terms.

Textual Amendments

F180Words in Sch. 2 CCR Order 39 rule 7(a) omitted (22.4.2014) by virtue of The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(f)(i)(aa) (with rule 25)

F181Word in Sch. 2 CCR Order 39 rule 7(a) substituted (22.4.2014) by virtue of The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(f)(i)(bb) (with rule 25)

F182Word in Sch. 2 CCR Order 39 rule 7(c) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(f)(ii) (with rule 25)

Direction for order to be subject to reviewE+W

Rule 8—(1) The court may, on making an administration order or at any subsequent time, direct that the order shall be subject to review at such time or at such intervals as the court may specify.

(2) Where the court has directed that an administration order shall be subject to review, the court officer shall give to the debtor and to every creditor who appeared when the order was made not less than 7 days' notice of any day appointed for such a review.

(3) Nothing in this rule shall require the court officer to fix a day for a review under rule 13A.

Service of orderE+W

Rule 9  Where an administration order is made, the court officer shall send a copy to—

(a)the debtor;

(b)every creditor whose name was included in the list furnished by the debtor;

(c)any other creditor who has proved [F183their] debt; and

(d)every other court in which, to the knowledge of the [F184court], judgment has been obtained against the debtor or proceedings are pending in respect of any debt scheduled to the order.

Textual Amendments

F183Word in Sch. 2 CCR Order 39 rule 9(c) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(g)(i) (with rule 25)

F184Word in Sch. 2 CCR Order 39 rule 9(d) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(g)(ii) (with rule 25)

Subsequent objection by creditorE+W

Rule 10—(1) After an administration order has been made, a creditor who has not received notice under rule 5 and who wishes to object to a debt scheduled to the order, or to the manner in which payment is directed to be made by instalments, shall give notice to the court officer of [F185that] objection and of the grounds thereof.

(2) On receipt of such notice the court shall consider the objection and may—

(a)allow it;

(b)dismiss it; or

(c)adjourn it for hearing on notice being given to such persons and on such terms as to security for costs or otherwise as the court thinks fit.

(3) Without prejudice to the generality of paragraph (2), the court may dismiss an objection if it is not satisfied that the creditor gave notice of it within a reasonable time of [F186the creditor] becoming aware of the administration order.

Textual Amendments

F185Word in Sch. 2 CCR Order 39 rule 10(1) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(h)(i) (with rule 25)

F186Words in Sch. 2 CCR Order 39 rule 10(3) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(h)(ii) (with rule 25)

Subsequent proof by creditorE+W

Rule 11—(1) Any creditor whose debt is not scheduled to an administration order, and any person who after the date of the order became a creditor of the debtor, shall, if [F187that creditor] wishes to prove [F188that] debt, send particulars of [F189the] claim to the court officer, who shall give notice of it to the debtor and to every creditor whose debt is so scheduled.

(2) If neither the debtor nor any creditor gives notice to the court officer, within 7 days after receipt of notice under paragraph (1), that [F190they object] to the claim, then, unless it is required by the court to be supported by evidence, the claim shall be taken to be proved.

(3) If the debtor or a creditor gives notice of objection within the said period of 7 days or the court requires the claim to be supported by evidence, the court officer shall fix a day for consideration of the claim and give notice of it to the debtor, the creditor by whom the claim was made and the creditor, if any, making the objection, and on the hearing the court may either disallow the claim or allow it in whole or in part.

(4) If a claim is taken to be proved under paragraph (2) or allowed under paragraph (3), the debt shall be added to the schedule to the order and a copy of the order shall then be sent to the creditor by whom the claim was made.

Textual Amendments

F187Words in Sch. 2 CCR Order 39 rule 11(1) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(i)(aa) (with rule 25)

F188Word in Sch. 2 CCR Order 39 rule 11(1) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(i)(bb) (with rule 25)

F189Word in Sch. 2 CCR Order 39 rule 11(1) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(i)(cc) (with rule 25)

F190Words in Sch. 2 CCR Order 39 rule 11(2) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(i)(ii) (with rule 25)

Permission to present bankruptcy petitionE+W

Rule 12  An application by a creditor under section 112 (4) of the Act(8) for permission to present or join in a bankruptcy petition shall be made on notice to the debtor in accordance with CPR Part 23, but the court may, if it thinks fit, order that notice be given to any other creditor whose debt is scheduled to the administration order.

Conduct of orderE+W

Rule 13—(1) The court manager or such other officer of the court as the court making an administration order shall from time to time appoint shall have the conduct of the order and shall take all proper steps to enforce the order (including exercising the power of the court under section 5 of the Attachment of Earnings Act 1971 to make an attachment of earnings order to secure payments required by the administration order) or to bring to the attention of the court any matter which may make it desirable to review the order.

(2) Without prejudice to section 115 of the Act, any creditor whose debt is scheduled to the order may, with the permission of the court, take proceedings to enforce the order.

(3) The debtor or, with the permission of the court, any such creditor may apply to the court to review the order.

(4) When on a matter being brought to its attention under paragraph (1) the court so directs or the debtor or a creditor applies for the review of an administration order, rule 8 (2) shall apply as if the order were subject to review under that rule.

(5) Nothing in this rule shall require the court officer to fix a day for a review under rule 13A.

Review by court officer in default of paymentE+W

Rule 13A—(1) Where it appears that the debtor is failing to make payments in accordance with the order, the court officer shall (either of [F191the court officer’s] own initiative or on the application of a creditor whose debt is scheduled to the administration order) send a notice to the debtor—

(a)informing [F192the debtor] of the amounts which are outstanding; and

(b)requiring [F193the debtor] (within 14 days of service of the notice upon [F193the debtor]) to

(i)make the payments as required by the order; or

(ii)explain [F194the] reasons for failing to make the payments; and

(iii)make a proposal for payment of the amounts outstanding, or

(iv)make a request to vary the order.

(2) If the debtor does not comply with paragraph (1)(b) within the time stated, the court officer shall revoke the administration order.

(3) [F195If a debtor gives notice under paragraph (1)(b)(ii), (iii) or (iv), the court may—]

(a)without requiring the attendance of the parties—

(i)revoke the administration order or vary it so as to provide for payment of the debts included in the order in full or to such extent and within such a period as appears practicable in the circumstances of the case; or

(ii)suspend the operation of the administration order for such time and on such terms as [F196it] thinks fit; or

(b)require the court officer to fix a day for the review of the administration order and to give to the debtor and to every creditor whose debt is scheduled to the administration order not less than 8 days' notice of the day so fixed.

(4) Any party affected by an order made under paragraph (2) or (3)(a) may, within 14 days of service of the order on [F197them] and giving [F198their] reasons, apply on notice for the [F199court] to consider the matter afresh and the court officer shall fix a day for the hearing of the application F200... and give to the debtor and to every creditor whose debt is scheduled to the administration order not less than 8 days' notice of the day so fixed.

(5) On hearing an application under paragraph (4), the [F201court] may confirm the order or set it aside and make such new order as [F202it] thinks fit and the order so made shall be entered in the records of the court.

Textual Amendments

F191Words in Sch. 2 CCR Order 39 rule 13A(1) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(i)(aa) (with rule 25)

F192Words in Sch. 2 CCR Order 39 rule 13A(1)(a) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(i)(bb) (with rule 25)

F193Words in Sch. 2 CCR Order 39 rule 13A(1)(b) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(i)(bb) (with rule 25)

F194Word in Sch. 2 CCR Order 39 rule 13A(1)(b)(ii) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(i)(cc) (with rule 25)

F195Words in Sch. 2 CCR Order 39 rule 13A(3) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(ii)(aa) (with rule 25)

F196Word in Sch. 2 CCR Order 39 rule 13A(3)(a)(ii) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(ii)(bb) (with rule 25)

F197Word in Sch. 2 CCR Order 39 rule 13A(4) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(iii)(aa) (with rule 25)

F198Word in Sch. 2 CCR Order 39 rule 13A(4) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(iii)(bb) (with rule 25)

F199Word in Sch. 2 CCR Order 39 rule 13A(4) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(iii)(cc) (with rule 25)

F200Words in Sch. 2 CCR Order 39 rule 13A(4) omitted (22.4.2014) by virtue of The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(iii)(dd) (with rule 25)

F201Word in Sch. 2 CCR Order 39 rule 13A(5) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(iv)(aa) (with rule 25)

F202Word in Sch. 2 CCR Order 39 rule 13A(5) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(j)(iv)(bb) (with rule 25)

Review of orderE+W

Rule 14—(1) On the review of an administration order the court may—

(a)if satisfied that the debtor is unable from any cause to pay any instalment due under the order, suspend the operation of the order for such time and on such terms as it thinks fit;

(b)if satisfied that there has been a material change in any relevant circumstances since the order was made, vary any provision of the order made by virtue of section 112 (6) of the Act;

(c)if satisfied that the debtor has failed without reasonable cause to comply with any provision of the order or that it is otherwise just and expedient to do so, revoke the order, either forthwith or on failure to comply with any condition specified by the court; or

(d)make an attachment of earnings order to secure the payments required by the administration order or vary or discharge any such attachment of earnings order already made.

(2) The court officer shall send a copy of any order varying or revoking an administration order to the debtor, to every creditor whose debt is scheduled to the administration order and, if the administration order is revoked, to any other court to which a copy of the administration order was sent pursuant to rule 9.

Discharge of attachment of earnings orderE+W

Rule 16  On the revocation of an administration order any attachment of earnings order made to secure the payments required by the administration order shall be discharged.

Declaration of dividendsE+W

Rule 17—(1) The officer having the conduct of an administration order shall from time to time declare dividends and distribute them among the creditors entitled to them.

(2) When a dividend is declared, notice shall be sent by the officer to each of the creditors.

Creditors to rank equallyE+W

Rule 18  All creditors scheduled under section 113 (d) of the Act(9) before an administration order is superseded under section 117 (2) of the Act shall rank equally in proportion to the amount of their debts subject to the priority given by the said paragraph (d) to those scheduled as having been creditors before the date of the order, but no payment made to any creditor by way of dividend or otherwise shall be disturbed by reason of any subsequent proof by any creditor under the said paragraph (d).

Change of debtor’s addressE+W

Rule 19—(1) A debtor who changes F203... residence shall forthwith inform the court of [F204their] new address.

(2) Where the debtor becomes resident in the district of another court, the court in which the administration order is being conducted may transfer the proceedings to that other court.

Textual Amendments

F203Word in Sch. 2 CCR Order 39 rule 19(1) omitted (22.4.2014) by virtue of The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(k)(i) (with rule 25)

F204Word in Sch. 2 CCR Order 39 rule 19(1) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(k)(ii) (with rule 25)

CCR ORDER 42E+WPROCEEDINGS BY AND AGAINST THE CROWN

Application and interpretationE+W

F205Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Particulars of claim in claim against the CrownE+W

F205Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Subsequent procedure in claimE+W

F205Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Subsequent procedure in fixed date claimE+W

F205Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Service on the CrownE+W

F205Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Special provisions regarding orders made by the Court of its own initiative against the CrownE+W

F205Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Counterclaim in proceedings by or against the CrownE+W

F205Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Adjustment of liability under judgment for taxesE+W

F205Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Part 20 claim against the Crown where the Crown is not already a partyE+W

F205Rule 11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Disclosure against the CrownE+W

F205Rule 12  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Execution and satisfaction of orders against the CrownE+W

F205Rule 13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Attachment of debts etc.E+W

F205Rule 14  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CCR ORDER 43E+WTHE LANDLORD AND TENANT ACTS 1927, 1954, 1985 AND 1987

InterpretationE+W

F206Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement of proceedings and answerE+W

F206Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Claim for compensation in respect of improvementE+W

F206Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Proceedings under Part I of the Act of 1927E+W

F206Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Proceedings under Part I of the Act of 1954E+W

F206Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application for new tenancy under section 24 of the Act of 1954E+W

F206Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Answer to application for new tenancy under section 24 of the Act of 1954E+W

F206Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Order dismissing application under section 24 which is successfully opposedE+W

F206Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Other applications under Part II of the Act of 1954E+W

F206Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Service of order in proceedings under Part II of the Act of 1954E+W

F206Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Proof of determination of rateable valueE+W

F206Rule 11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Provisions as to assessorsE+W

F206Rule 13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

District judge’s jurisdictionE+W

F206Rule 15  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application under section 12 (2) of the Act of 1985E+W

F206Rule 16  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Transfer to leasehold valuation tribunalE+W

F206Rule 16A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application under section 19 of the Act of 1987E+W

F206Rule 17  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application for order under section 24 of the Act of 1987E+W

F206Rule 18  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application for acquisition order under section 29 of the Act of 1987E+W

F206Rule 19  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Application for order under section 38 or section 40 of the Act of 1987E+W

F206Rule 20  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Service of documents in proceedings under the Act of 1987E+W

F206Rule 21  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Tenants' associationsE+W

F206Rule 22  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CCR ORDER 44E+WTHE AGRICULTURAL HOLDINGS ACT 1986

Order to arbitrator to state caseE+W

F207Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Special case stated by arbitratorE+W

F207Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Removal of arbitrator or setting aside awardE+W

F207Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Enforcement of order imposing penaltyE+W

Rule 4—(1) When taking any proceedings for the enforcement in [F208the County Court] of an order under section 27 of the Agricultural Holdings Act 1986, the party in whose favour the order was made shall file—

(a)a certified copy of the order; and

(b)a certificate specifying the amount due under the order and stating whether any previous proceedings have been taken for its enforcement and, if so, the nature of the proceedings and their result.

(2) Where it is desired to enforce the order by warrant of [F209control], the proceedings may be taken in [F210the County Court hearing centre serving the address where] execution is to be levied.

Textual Amendments

F209Word in Sch. 2 CCR Order 44 rule 4(2) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 23(a) (with rule 25)

F210Words in Sch. 2 CCR Order 44 rule 4(2) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 23(b) (with rule 25)

CCR ORDER 45E+WTHE REPRESENTATION OF THE PEOPLE ACT 1983

Application for detailed assessment of returning officer’s accountE+W

F211F212Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Appeal from decision of registration officerE+W

Rule 2  F211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Selected appealsE+W

F211Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F213CCR ORDER 46E+WTHE LEGITIMACY ACT 1976

Textual Amendments

Manner of applicationE+W

F213Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Preliminary consideration and serviceE+W

F213Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

AnswerE+W

F213Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F214CCR ORDER 47E+WDOMESTIC AND MATRIMONIAL PROCEEDINGS

Textual Amendments

Family Law Reform Act 1969E+W

F214Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F215CCR ORDER 48BE+W[F216Enforcement of traffic penalties]

Textual Amendments

Application and interpretationE+W

F215Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Establishment of the [F217traffic enforcement centre] E+W

F215Rule 1A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Requests for ordersE+W

F215Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DocumentsE+W

F215Rule 3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions of court officerE+W

F215Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of ordersE+W

F215Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CCR ORDER 48DE+WENFORCEMENT OF FIXED PENALTIES UNDER THE ROAD TRAFFIC (VEHICLE EMISSIONS) (FIXED PENALTY) REGULATIONS 1997

Application and interpretationE+W

F2181.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The traffic enforcement centreE+W

F2182.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Requests for Orders and Warrants of ExecutionE+W

F2183.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

DocumentsE+W

F2184.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Enforcement of OrdersE+W

F2185.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CCR ORDER 49E+WMISCELLANEOUS STATUTES

Access to Neighbouring Land Act 1992(10)E+W

F219Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Administration of Justice Act 1970(11)E+W

F220Rule 1A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Chancel Repairs Act 1932(12)E+W

F221Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Consumer Credit Act 1974(13)E+W

F222Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Applications under section 114, 204 and 231 of the Copyright, Designs and Patents Act 1988E+W

F223Rule 4A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Fair Trading Act 1973E+W

F224Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Housing Act 1988: assured tenanciesE+W

F225Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Housing Act 1988: assured shorthold tenanciesE+W

F226Rule 6A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Housing Act 1996: injunctions F227...E+W

F228Rule 6B  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F227Words in Sch. 2 CCR Order 49 rule 6B heading omitted (15.10.2001) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rules 1(b), 23(a) (with rule 24)

Injunctions to prevent environmental harm: Town and Country Planning Act 1990 etc.E+W

F229Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Leasehold Reform Act 1967(14)E+W

F230Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F230 Sch. 2 CCR Order 49 rule 8 revoked (15.10.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rule 1(d), Sch. 3

Leasehold Reform, Housing and Urban Development Act 1993(15)E+W

F231Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Local Government Finance Act 1982(16)E+W

F232Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F232Sch. 2 CCR Order 49 rule 10 revoked (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 8 (with rule 39(b)) (as amended by S.I. 2000/940, rules 1, 2)

Local Government (Miscellaneous Provisions) Act 1976(17)E+W

F233Rule 11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F233Sch. 2 CCR Order 49 rule 11 revoked (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 8 (with rule 39(b)) (as amended by S.I. 2000/940, rules 1, 2)

Mental Health Act 1983(18)E+W

F234Rule 12  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Mobile Homes Act 1983(19)E+W

F235Rule 13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F236Postal Services Act 2000] E+W

F237Rule 15  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Rentcharges Act 1977(20)E+W

F238Rule 16  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F239Sex Discrimination Act 1975, Race Relations Act 1976, Disability Discrimination Act 1995 and Disability Rights Commission Act 1999] E+W

F240Rule 17  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F239Sch. 2 CCR Order 49 rule 17 heading substituted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 38(a) (with rule 39)

Solicitors Act 1974(21)E+W

F241Rule 18  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F241Sch. 2 CCR Order 49 rule 18 omitted (26.4.1999) by virtue of The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 73(f)

Telecommunications Act 1984(22)E+W

Rule 18A—(1) CPR Rule 35.15 applies to proceedings under paragraph 5 of Schedule 2 to the Telecommunications Act 1984.

Applications under section 19 of the Trade Marks Act 1994E+W

F242Rule 18B  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Trade Union and Labour Relations Consolidation Act 1992(23)E+W

Rule 19—(1) Where a complainant desires to have an order of the Certification Officer under section 82 of the Trade Union and Labour Relations Consolidation Act 1992 recorded in the [F243County Court], [F244the complainant] shall produce the order and a copy thereof to the [F245County Court hearing centre which serves the address where the complainant] resides or the head or main office of the trade union is situate.

(2) The order shall be recorded by filing it, and the copy shall be sealed and dated and returned to the complainant.

(3) The sealed copy shall be treated as if it were the notice of issue in a claim begun by the complainant.

(4) The costs, if any, allowed for recording the order shall be recoverable as if they were payable under the order.

(5) The order shall not be enforced until proof is given to the satisfaction of the court that the order has not been obeyed and, if the order is for payment of money, of the amount remaining unpaid.

Textual Amendments

F244Words in Sch. 2 CCR Order 49 rule 19(1) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 24(a) (with rule 25)

F245Words in Sch. 2 CCR Order 49 rule 19(1) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 24(b) (with rule 25)

Trustee Act 1925, s.63(24)E+W

F246Rule 20  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

(2)

1971 c. 32; section 4 was amended by the Insolvency Act 1976 (c. 60), section 13(2); and by the County Courts Act 1984 (c. 28), section 148(1), schedule 2, Part V, paragraph 40.

(5)

1971 c. 32; section 23(1) was amended by the Administration of Justice Act 1982 (c. 53), section 53(2).

(7)

1971 c. 32; section 4 was amended by the Insolvency Act 1976 (c. 60), section 13(2); and by the County Courts Act 1984 (c. 28), section 148(1), schedule 2, Part V, paragraph 40.

(8)

Section 112 was amended by the Insolvency Act 1985 (c. 65), section 220(2).

(9)

Section 113 was amended by the Administration of Justice Act 1985 (c. 61), section 67(2), schedule 8, Part II.

(14)

1967 c. 88; section 11 was amended by the Rentcharges Act 1977 (c. ), section 17(2), schedule 2. Section 21 was amended by the Housing Act 1980 (c. 51), sections 142, 152, schedule 22, Part II, paragarph 8, schedule 26; by the County Courts Act 1984 (c. 28), section 148(1), schedule 2, Part V, paragraph 31; by the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), section 187(1), schedule 21, paragraph 4; and by the Housing Act 1996 (c. 52), sections 115. 116, schedule 11, paragraph 1(2).

(15)

1993 c. 28; section 26 was amended by the Housing Act 1996 (c. 52).

(16)

1982 c. 32; sections 19 and 20 were amended by the National Health Service and Community Care Act 1990 (c. 19), section 20, schedule 4, paragraphs 9 and 10; by the Education Reform Act 1988 (c. 40), section 237(2), schedule 13, Part I; by the Police and Magistrates' Courts Act 1994 (c. 29), section 43, schedule 4, Part I, paragraphs 26 and 27; by the Police Act 1996 (c. 16), section 103(1), schedule 7, Part 1, paragraph 1, and by the Police Act 1997 (c. 50), section 88, schedule 6, paragraphs 19 and 21; and by S.I. 1991/724 and 1996/3141.

(17)

1976 c. 57; section 23 was amended by S.I. 1996/3071. Section 35 was amended by the Local Government Act 1985 (c. 51), section 102(2), schedule 17 and by S.I. 1996/3071.

(18)

1983 c. 20; section 145(1) was amended by the Health Authorities Act 1995 (c. 17), section 2(1), schedule 1, Part III, paragraph 107; by the National Health Service and Community Care Act 1990 (c. 19), section 66(1), schedule 9, paragraph 24(9); and by the Mental Health (Amendment) Act 1994 (c. 6), section 1.

(24)

1925 c. 19; section 63 was amended by the Administration of Justice Act 1965 (c. 2), section 36(4), schedule 3.

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