# The County Court (Amendment No. 3) Rules 1989, Note: Explanatory note


(This note is not part of the Rules)
These Rules amend the County Court Rules 1981 in a number of respects.
Rules 2 to 51 curtail the banking function of county courts. Under the new arrangements, any payments made before judgment is entered, and after judgment but before enforcement, will be made direct to the plaintiff and not through the court (subject to some exceptions for e.g. payments made for the benefit of a person under a disability). When steps are taken to enforce a judgment, payments will in most instances be made through the court as long as the enforcement process continues. Thereafter payment will be made direct to the judgment creditor. The rules make detailed provision for the court to be informed of any payments made after a court hearing has been fixed and for the creditor to certify the amount outstanding when enforcement proceedings are begun. Since the court will no longer maintain records of payments made, corresponding amendments to the relevant court forms will advise parties of the desirability of keeping records of payments and of providing receipts.
Rule 52 amends outdated references relating to legal aid. Rule 53 modifies requirements in the County Court Rules relating to the signature of documents to allow for the use of documents prepared by computer or other mechanical means.
Rules 54 and 55 provide for the establishment of a Summons Production Centre which will handle bulk requests for the issue of summonses. The Centre (which will be deemed to be part of the court in whose name the summons is issued) will be able to prepare and issue summonses from computer-readable information supplied by persons authorised to use the Centre. Provision is made for the modification of existing requirements in the County Court Rules to allow for the use of documents prepared by computer or other mechanical means.
Rule 56 amends Order 47, rule 8 which relates to applications for injunctions under section 1 of the Domestic Violence and Matrimonial Proceedings Act 1976 (1976 c. 50) to ensure that those provisions of the injunction that are relevant to the power of arrest are set out in a separate part of the injunction and that they do not refer to any form of molestation which would not entitle a constable to arrest the respondent pursuant to section 2(3) of the 1976 Act.
Rules 57 and 58 provide for the making of applications under section 114, 204 or 231 of the Copyright, Designs and Patents Act 1988 and new section 58C of the Trade Marks Act 1938.
TABLE
Rule
Commencement Date
1, 57 and 58
1st November 1989
52 to 56
1st December 1989
2 to 51
1st April 1990

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Source: https://www.legislation.gov.uk/uksi/1989/1838/note (the official version)
Page: https://openlegislation.uk/county-court-amendment-no-3-rules-1989/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.