OpenLegislation

Rule 91 Amendments to the 1991 Rules

Original text. Later amendments are not shown.

In rule 7.1—

(a)

in paragraph (2), after “the Act of 1973” insert “or an order under Part 9 of Schedule 5 to the Act of 2004”;

(b)

in paragraph (3), for “divorce county court” substitute “designated county court”;

(c)

in paragraph (4), for “divorce county court” substitute “designated county court,”; and

(d)

for paragraph (5), substitute—

“(5)

Where—

(a)

an application under CCR Order 25, rule 3 (which deals with the oral examination of a judgment debtor) relates to an order made by a divorce county court, the application shall be made to such divorce county court as in the opinion of the applicant is nearest to the place where the debtor resides, or carries on business,

(b)

an application under CCR Order 25, rule 3 (which deals with the oral examination of a judgment debtor) relates to an order made by a civil partnership proceedings county court, the application shall be made to such civil partnership proceedings county court as in the opinion of the applicant is nearest to the place where the debtor resides, or carries on business, and

(c)

in either case, paragraph (2) of rule 3 shall not apply.

(6)

In a case to which paragraph (5) relates there shall be filed the affidavit required by paragraph (1) of this rule and, except where the application is made to the court in which the order sought to be enforced was made, a copy of the order shall be exhibited to the affidavit.”