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The County Court (Amendment No. 2) Rules 1996

S.I. 1996/2810 · Made 7 November 1996

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

COUNTY COURTS

PROCEDURE

Made 7th November 1996

Coming into force 1st December 1996

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. 4Article 4
  5. Signature
  6. Explanatory note

1

(1)

These Rules may be cited as the County Court (Amendment No. 2) Rules 1996.

(2)

In these Rules, unless the context otherwise requires, a rule or Order referred to by number means the rule or Order so numbered in the County Court Rules 1981f1.

2

In rule 3 of Order 1, in the definition of “proper officer” in sub-paragraph (b)(i) for “Order 9, rule 3” there shall be substituted “Order 9, rule 3(3)”.

3

Rule 2(1)(d) of Order 2 shall be omitted.

4

(1)

In rule 1(2) of Order 48B:—

(a)

in the definition of “authority”, the word “local” shall be substituted for the word “London”;

  • and

(b)

there shall be inserted at the end of the definition of “the Order” the following:—

  • “as it applies to a local authority”.

(2)

After paragraph (3) of rule 1 of Order 48B, there shall be inserted the following:—

“(4)

The references in paragraph (2) to a local authority mean:—

(a)

in England, a London authority, a county or district council or the Council of the Isles of Scilly; and

(b)

in Wales, a county or county borough council.”.

The undersigned members of the Rule Committee appointed by the Lord Chancellor under section 75 of the County Courts Act 1984f1, having made these Rules, certify them and submit them to the Lord Chancellor.

Signature

Frank White

Neil Butter

J. H. Wroath

M. J. Wilby

W. A. Vincent

Peter Birts

Henrietta Manners

E. C. Gee

I allow these Rules, which shall come into force on 1st December 1996.

Mackay of Clashfern, C

Dated 7th November 1996

Explanatory note

(This note is not part of the Rules)

These Rules amend the County Court Rules 1981 so as to:—

(a)

make a minor amendment to the definition of proper officer (rule 2);

(b)

prevent the mandatory closure of court offices on Christmas Eve (or another specified day where Christmas Eve falls on a Saturday or a Sunday) (rule 3); and

(c)

make consequential amendments to rule 1 of Order 48B, following the extension to areas outside London of the scheme under the Road Traffic Act 1991 for the enforcement of certain road traffic debts through county courts (rule 4).