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The Register of Judgments, Orders and Fines (Amendment) Regulations 2009

S.I. 2009/474 · Made 3 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

Made 3rd March 2009

Laid before Parliament 5th March 2009

Coming into force 1st April 2009

The Lord Chancellor, in exercise of the powers conferred by sections 98(1), (2) and (3) and 108(6) of the Courts Act 2003f1, makes the following Regulations.

Annotations to the whole text

Footnotes

f1

2003 c. 39; sections 98(1) and (2) were amended by the Tribunals, Courts and Enforcement Act 2007 (c. 15), section 48(1) and Schedule 8, paragraph 55.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Register of Judgments, Orders and Fines Regulations 2005
  3. 3Amendment of the Register of Judgments, Orders and Fines Regulations 2005
  4. 4Amendment of the Register of Judgments, Orders and Fines Regulations 2005
  5. 5Amendment of the Register of Judgments, Orders and Fines Regulations 2005
  6. 6Amendment of the Register of Judgments, Orders and Fines Regulations 2005
  7. 7Amendment of the Register of Judgments, Orders and Fines Regulations 2005
  8. 8Amendment of the Register of Judgments, Orders and Fines Regulations 2005
  9. 9Amendment of the Register of Judgments, Orders and Fines Regulations 2005
  10. 10Amendment of the Register of Judgments, Orders and Fines Regulations 2005
  11. 11Amendment of the Register of Judgments, Orders and Fines Regulations 2005
  12. 12Amendment of the Register of Judgments, Orders and Fines Regulations 2005
  13. 13Amendment of the Register of Judgments, Orders and Fines Regulations 2005
  14. 14Amendment of the Register of Judgments, Orders and Fines Regulations 2005
  15. 15Amendment of the Register of Judgments, Orders and Fines Regulations 2005
  16. 16Amendment of the Register of Judgments, Orders and Fines Regulations 2005
  17. 17Transitional provision
  18. Signature
  19. Explanatory note

1Citation and commencement

These Regulations may be cited as the Register of Judgments, Orders and Fines (Amendment) Regulations 2009 and come into force on 1st April 2009.

2Amendment of the Register of Judgments, Orders and Fines Regulations 2005

The Register of Judgments, Orders and Fines Regulations 2005f1 are amended as follows.

3Amendment of the Register of Judgments, Orders and Fines Regulations 2005

In regulation 3 (interpretation)—

(a)

in the definition of “appropriate officer”, in paragraph (a), after “entered” insert “or with which a tribunal decision is filed”;

(b)

in the definition of “debt”, for “administration order or fine” substitute “administration order, fine or tribunal decision”; and

(c)

at the end of the definition of “Technology and Construction Court”, insert—

  • “;

  • “tribunal decision” includes an award”.

4Amendment of the Register of Judgments, Orders and Fines Regulations 2005

In regulation 5(a) (performance of steps under these Regulations)—

(a)

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

(b)

in sub-paragraph (ii), after “applies” insert—

“; and

(iii)

the registration of tribunal decisions to which regulation 8(1)(d) applies”.

5Amendment of the Register of Judgments, Orders and Fines Regulations 2005

In the heading to regulation 8, for “administration orders and fines” substitute “administration orders, fines and tribunal decisions”.

6Amendment of the Register of Judgments, Orders and Fines Regulations 2005

At the end of regulation 8(1)(c) (registration of judgments, administration orders, fines and tribunal decisions), insert—

“;

(d)

subject to regulation 9A, every tribunal decision made by—

(i)

the First-tier Tribunal;

(ii)

the Upper Tribunal;

(iii)

an employment tribunal; or

(iv)

the Employment Appeal Tribunal,

in pursuance of which a sum of money is payable”.

7Amendment of the Register of Judgments, Orders and Fines Regulations 2005

After regulation 9 (exempt judgments – High Court and county courts), insert—

“Exempt tribunal decisions

9A

Regulation 8(1)(d) does not apply until, pursuant to rule 70.5(2A)(a) of the 1998 Rules—

(a)

in the case of a tribunal decision made by the First-tier Tribunal or the Upper Tribunal, a copy of the tribunal decision is filed with the High Court or a county court; or

(b)

in the case of a tribunal decision made by an employment tribunal or the Employment Appeal Tribunal, a copy of the tribunal decision is filed with a county court.”.

8Amendment of the Register of Judgments, Orders and Fines Regulations 2005

At the end of regulation 10(h)(ii) (information contained in the appropriate officer’s return), insert—

“;

(i)

in respect of a return sent by virtue of regulation 8(1)(d)—

(i)

the name of the court with which the tribunal decision was filed in accordance with regulation 9A; and

(ii)

the date on which the tribunal decision was filed with the court”.

9Amendment of the Register of Judgments, Orders and Fines Regulations 2005

At the end of the heading to regulation 11, insert “or tribunal decisions”.

10Amendment of the Register of Judgments, Orders and Fines Regulations 2005

In regulation 11 (cancellation or endorsement of entries relating to judgments of the High Court or a county court or tribunal decisions)—

(a)

in paragraph (1), after “court)” insert “or to which regulation 8(1)(d) applies (tribunal decisions)”;

(b)

in paragraph (2)—

(i)

in sub-paragraph (a), for “; or” substitute “or the date on which the tribunal decision was filed with the court in accordance with regulation 9A;”;

(ii)

in sub-paragraph (b), after “reversed” insert—

“; or”

(c)

the tribunal decision to which the entry relates has been set aside”; and

(c)

in paragraph (3), after “judgment” insert “or the date on which the tribunal decision was filed with the court in accordance with regulation 9A”.

11Amendment of the Register of Judgments, Orders and Fines Regulations 2005

In regulation 14 (cancellation of entries in the Register – additional provisions)—

(a)

at the end of paragraph (a), omit “or”;

(b)

in paragraph (b), after “registered” insert—

“; or”

(c)

the date on which the tribunal decision was filed with the court in accordance with regulation 9A”.

12Amendment of the Register of Judgments, Orders and Fines Regulations 2005

In regulation 18(1) (application for, and issue of, a certificate of satisfaction), after “court)”, insert “or to which regulation 8(1)(d) applies (tribunal decisions)”.

13Amendment of the Register of Judgments, Orders and Fines Regulations 2005

In regulation 20(1) (amendment of the Register in respect of the amount registered)—

(a)

at the end of sub-paragraph (a), omit “or”;

(b)

in sub-paragraph (b), after “debt” insert—

“; or

(c)

in the case of an entry to which regulation 8(1)(d) applies, a tribunal decision on appeal”.

14Amendment of the Register of Judgments, Orders and Fines Regulations 2005

In the heading to regulation 21, for “administration order or fine” substitute “administration order, fine or tribunal decision”.

15Amendment of the Register of Judgments, Orders and Fines Regulations 2005

In regulation 21(1) (correction of registered details of the judgment, administration order, fine or tribunal decision), for “administration order or fine” substitute “administration order, fine or tribunal decision”.

16Amendment of the Register of Judgments, Orders and Fines Regulations 2005

At the end of regulation 26(b) (removal of entries in the Register), insert—

“;

(c)

by virtue of regulation 8(1)(d), six years from the date on which the tribunal decision was filed with the court in accordance with regulation 9A”.

17Transitional provision

If, before 6th April 2009—

(a)

any step is taken in the High Court or a county court to enforce a tribunal decision made by the First-tier Tribunal or the Upper Tribunal; or

(b)

any step is taken in a county court to enforce a tribunal decision made by an employment tribunal or the Employment Appeal Tribunal,

regulation 7 of these Regulations is to apply to the tribunal decision as if a copy of the tribunal decision was filed with that court when that step was taken.

Signature

Signed on behalf of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

3rd March 2009

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Register of Judgments, Orders and Fines Regulations 2005 to make provision for registration of decisions and awards made by—

(a)

the First-tier Tribunal;

(b)

the Upper Tribunal;

(c)

employment tribunals; and

(d)

the Employment Appeal Tribunal,

pursuant to section 98(1)(f) of the Courts Act 2003.

In particular, these Regulations make provision for—

(a)

such decisions and awards to be registered when copies of the decisions and awards are filed with the High Court or a county court (regulations 4 to 8);

(b)

cancellation of entries relating to such decisions and awards in the Register, and endorsement of notices against entries (regulations 9 to 11);

(c)

certification as to payment in full of a debt owed under such a decision or award (regulation 12);

(d)

amendment of entries in the Register relating to such decisions or awards (regulations 13 to 15); and

(e)

removal of entries in the Register relating to such decisions or awards (regulation 16).