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The High Court and County Courts Jurisdiction (Amendment) Order 2009

S.I. 2009/577 · Made 4 March 2009

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.

Supreme Court Of England And Wales

County Courts, England And Wales

Jurisdiction

Made 4th March 2009

Laid before Parliament 11th March 2009

Coming into force 6th April 2009

The Lord Chancellor, in exercise of the powers conferred upon him by sections 1 and 120 of the Courts and Legal Services Act 1990f1, and after consulting in accordance with section 1(9) of that Act, makes the following Order:

Annotations to the whole text

Footnotes

f1

1990 c.41.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendments to the 1991 Order
  3. 3Amendments to the 1991 Order
  4. 4Amendments to the 1991 Order
  5. 5Amendments to the 1991 Order
  6. 6Amendments to the 1991 Order
  7. 7Amendments to the 1991 Order
  8. 8Transitional Provision
  9. Signature
  10. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the High Court and County Courts Jurisdiction (Amendment) Order 2009 and shall come into force on 6th April 2009.

(2)

In this Order “the 1991 Order” means the High Court and County Courts Jurisdiction Order 1991f1 and an article referred to by number alone means the article so numbered in the 1991 Order.

2Amendments to the 1991 Order

For article 4A substitute—

“4A.

Except for proceedings to which article 5 applies, a claim for money in which the county courts have jurisdiction may only be commenced in the High Court if the value of the claim is more than £25,000.”.

3Amendments to the 1991 Order

In article 5(1) omit “financial”.

4Amendments to the 1991 Order

In article 8, after paragraph (1A) insert—

“(2)

Subject to paragraph (3), where—

(a)

an enactment provides that a sum of money shall be or may be recoverable as if it were payable under a county court order; and

(b)

the recovery of that sum is sought wholly or partially by execution against goods,

payment of that sum shall be enforced in accordance with paragraphs (1)(a) to (c).

(3)

Paragraph (1)(b) does not apply to the enforcement of—

(a)

a sum of money recoverable under section 15(1) of the Employment Tribunals Act 1996f1; or

(b)

a compromise sum which is recoverable under section 19A(3) of that Act.”.

5Amendments to the 1991 Order

In article 8A—

(1)

in paragraph (1)(a)—

(a)

at the end of sub-paragraph (i) omit “and”;

(b)

after sub-paragraph (ii) insert—

“(iii)

regulation 17 of the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001f1;

(iv)

regulation 21 of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007f2; and

(v)

regulation 13 of the Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations 2008f3;”;

(c)

at the end of sub-paragraph (b) omit “and”;

(d)

for sub-paragraph (c) substitute—

“(c)

amounts payable by a person other than a local authority under an adjudication pursuant to—

(i)

the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001;

(ii)

the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007f4; and

(iii)

the Civil Enforcement of Parking Contraventions (Representations and Appeals) (Wales) Regulations 2008f5; and”; and

(e)

after sub-paragraph (c) but before “shall be taken at Northampton County Court” insert—

“(d)

increased fixed penalties referred to in—

(i)

regulation 17(6) of the Road Traffic (Vehicle Emissions) (Fixed Penalty) (England) Regulations 2002f6; and

(ii)

regulation 17(6) of the Road Traffic (Vehicle Emissions) (Fixed Penalty) (Wales) Regulations 2003f7,”;

(2)

in paragraph (2) omit “and expressions which are used in the 1991 Act have the same meaning in this article as they have in that Act”; and

(3)

in paragraph (3)(a) for “London authority” substitute “London borough council, the Common Council of the City of London, Transport for London”.

6Amendments to the 1991 Order

In the heading to article 9 omit “Financial” and for “value” substitute “Value”.

7Amendments to the 1991 Order

In article 9 omit “financial”.

8Transitional Provision

The amendments made by articles 2, 3, 6 and 7 of this Order have effect only in relation to proceedings issued on or after 6th April 2009, and in relation to proceedings issued before that date the 1991 Order in force immediately before 6th April 2009 shall have effect as if it had not been amended.

Signature

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

4th March 2009

Explanatory note

(This note is not part of the Order)

This Order amends article 4A of the High Court and County Courts Jurisdiction Order 1991 (“the 1991 Order”) by restricting the issue of money claims in the High Court to those with a value of more than £25,000. The amendment is consequential upon amendments to the Civil Procedure Rules 1998 (S.I. 1998/3132) by the Civil Procedure (Amendment No. 3) Rules 2008 (S.I. 2008/3327) relating to fast track claims, which will also come into force on 6th April 2009.

This Order contains consequential amendments to articles 5(1) and 9 of the 1991 Order and a transitional provision.

This Order also amends article 8 of the 1991 Order by restricting the courts in which sums of money recoverable pursuant to an enactment as if payable under a county court order shall be enforced by way of execution against goods. The recovery of sums of money payable pursuant to an employment tribunal decision under section 15(1) of the Employment Tribunals Act 1996 (c.17) as if payable under a county court order, and the recovery of a compromise sum under section 19A of that Act as if payable under a county court order, must be enforced in the High Court only where the sum of money being enforced is £5,000 or more and in any other case may be enforced in either the High Court or a county court. The payment of other sums of money recoverable pursuant to an enactment as if payable under a county court order, must be enforced in accordance with article 8(1)(a) to (c).

This Order also amends article 8A of the 1991 Order restricting certain types of traffic enforcement proceedings to Northampton County Court.

A partial impact assessment relating to the amendments to article 4A of the 1991 Order is available at http://www.justice.gov.uk/docs/cp0807.pdf.