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The Judgment Enforcement Fees (Amendment) Order (Northern Ireland) 2004

S.R. 2004/341 · Made 4 August 2004

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.

JUDGMENTS (ENFORCEMENT)

Made 4th August 2004

Coming into operation 1st September 2004

The Lord Chancellor, in exercise of the powers conferred on him by section 116(1) and (4) of the Judicature (Northern Ireland) Act 1978f1, after consultation with the Lord Chief Justice and with the concurrence of the Treasury, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1978 c. 23

Contents

  1. 1Citation, commencement and interpretation
  2. 2Citation, commencement and interpretation
  3. 3Interpretation of the Principal Order
  4. 4Manner in which fees are to be taken
  5. 5Fees to be taken in the Enforcement of Judgments Office
  6. Signature
  7. Explanatory note

1Citation, commencement and interpretation

This Order may be cited as the Judgment Enforcement Fees (Amendment) Order (Northern Ireland) 2004 and shall come into operation on 1st September 2004.

2Citation, commencement and interpretation

In this Order –

(a)

“the principal Order” means the Judgment Enforcement Fees Order (Northern Ireland) 1996f1; and

(b)

the fee referred to by number means the fee so numbered in the Schedule to the principal Order.

3Interpretation of the Principal Order

After Article 2(e) of the principal Order there shall be added the following –

“(f)

“credit card” means a card which –

(i)

may be used on its own to pay for goods or services or to withdraw cash, and

(ii)

enables the holder to make purchases and to draw cash up to a prearranged limit;

(g)

“debit card” means a card which may be used as a means of payment under arrangements which do not provide for the extension of credit to the cardholder, but provide for amounts paid by means of the card to be debited to a specified account in his name (or in his name jointly with one or more others); and

(h)

“payment instrument” means a cheque or payable order.”.

4Manner in which fees are to be taken

For Article 5 of the principal Order there shall be substituted the following new Article –

“5

The fees prescribed by this Order shall be taken –

(a)

in cash;

(b)

by credit card payment;

(c)

by debit card payment; or

(d)

by payment instrument.”.

5Fees to be taken in the Enforcement of Judgments Office

In Part I of the Schedule to the principal Order –

(a)

for Fee No. 6 there shall be substituted the following new fee –

“

6On lodging an application under rule 104£20

”;

  • and

(b)

for the amount of –

(i)

£5·00, payable in respect of Fee No. 7, there shall be substituted the new amount of £6·00; and

(ii)

£6·00, payable in respect of Fee No. 9, there shall be substituted the new amount of £10·00.

Signature

Signed by the authority of the Lord Chancellor

I concur

L.S.

Christopher Leslie

Parliamentary Under-Secretary of State,

Department for Constitutional Affairs

Dated 1st August 2004

We concur

John Heppell

Joan Ryan

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 4th August 2004

Explanatory note

(This note is not part of the Order.)

This Order amends Part I of the Schedule to the Judgment Enforcement Fees Order (Northern Ireland) 1996 so as to increase a number of the fees to be taken in respect of the enforcement of judgments under the Judgments Enforcement (Northern Ireland) Order 1981 and to allow fees to be taken by a range of payment methods, including credit and debit card.