Section 2A Periodical payments: supplementaryF1

England, Wales and Northern Ireland

(1)

Civil Procedure Rules may require a court to take specified matters into account in considering—

(a)

whether to order periodical payments;

(b)

the security of the continuity of payment;

(c)

whether to approve an assignment or charge.

(2)

For the purposes of section 2(4)(c) and (7)(d) “government or health service body” means a body designated as a government body or a health service body by order made by the Lord Chancellor.

(3)

An order under subsection (2)—

(a)

shall be made by statutory instrument, and

(b)

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)

Section 2(6) is without prejudice to a person’s power to assign a right to the scheme manager established under section 212 of the Financial Services and Markets Act 2000.

(5)

In section 2 “damages” includes an interim payment which a court orders a defendant to make to a claimant.

(6)

In the application of this section F2and section 2 to Northern Ireland—

(a)

a reference to Civil Procedure Rules shall be taken as a reference to rules of court, F3...

(b)

a reference to a claimant shall be taken as a reference to a plaintiff.

(F4c)

a reference to the Lord Chancellor shall be taken as a reference to the Department of Justice in Northern Ireland, and

(d)

for subsection (3)(a) and (b) of this section there is substituted “shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979; and is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954”.

(7)

Section 2 is without prejudice to any power exercisable apart from that section.

Annotations

Textual amendments

F1: Ss. 2-2B substituted for s. 2 (E.W.N.I.) (1.4.2005) by Courts Act 2003 (c. 39), ss. 100(1), 110(1); S.I. 2005/910, art. 3(w); S.I. 2005/910, art. 3(w) (with savings and transitional provisions in S.I. 2005/911, arts. 1, 11)
F2: Words in s. 2A(6) inserted (N.I.) (7.7.2005) by The Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2005 (S.I. 2005/1452), arts. 1(4), 23
F3: Word in s. 2A(6)(a) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 18 para. 56(a) (with arts. 28-31)
F4: S. 2A(6)(c)(d) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), Sch. 18 para. 56(b) (with arts. 28-31)