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The Crime and Courts Act 2013 (County Court and Family Court: Consequential Provision) Order 2014

S.I. 2014/1773 · Made 3 July 2014

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.

Family Proceedings

Civil Proceedings

Family Court, England And Wales

County Court, England And Wales

Made 3rd July 2014

Coming into force in accordance with article 1

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 59 of the Crime and Courts Act 2013f1.

In accordance with section 58(4)(j) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2013 c. 22.

Contents

  1. 1Citation and commencement
  2. 2Amendment to the County Courts Act 1984
  3. 3Amendments to the Access to Justice Act 1999
  4. 4Amendments to the County Courts (Interest on Judgment Debts) Order 1991
  5. 5Amendments to the County Courts (Interest on Judgment Debts) Order 1991
  6. 6Amendments to the County Courts (Interest on Judgment Debts) Order 1991
  7. 7Amendments to the County Courts (Interest on Judgment Debts) Order 1991
  8. 8Amendments to the County Courts (Interest on Judgment Debts) Order 1991
  9. Signature
  10. Explanatory note

1Citation and commencement

This Order may be cited as the Crime and Courts Act 2013 (County Court and Family Court: Consequential Provision) Order 2014 and comes into force on the day after the day on which it is made.

2Amendment to the County Courts Act 1984

In section 74 of the County Courts Act 1984f1, after subsection (5A) insert—

“(5B)

This section applies in relation to the family court as it applies in relation to the county court.”.

3Amendments to the Access to Justice Act 1999

(1)

Paragraph 2 of Schedule 2 to the Access to Justice Act 1999f1 is amended as follows.

(2)

In sub-paragraph (1)f2, after paragraph (e) insert “(ea) the family court,”.

(3)

In sub-paragraph (3)f3—

(a)

in paragraph (a), omit the words from “section 22” to the end; and

(b)

omit paragraphs (b) to (h).

4Amendments to the County Courts (Interest on Judgment Debts) Order 1991

The County Courts (Interest on Judgment) Debts Order 1991f1 is amended as follows.

5Amendments to the County Courts (Interest on Judgment Debts) Order 1991

In article 1(2) for the definition of “relevant judgment” substitute—

  • ““relevant judgment” means—

    1. (a)

      a judgment or order of the county court for the payment of a sum of money—

      1. (i)

        of not less than £5,000; or

      2. (ii)

        in respect of a debt which is a qualifying debt for the purposes of the Late Payment of Commercial Debts (Interest) Act 1998f1; or

    2. (b)

      a judgment or order of, or registered in, the family court for the payment of a sum of money of not less than £5,000,

and, in relation to a judgment debt, means the judgment or order which gives rise to the judgment debt.”.

6Amendments to the County Courts (Interest on Judgment Debts) Order 1991

In article 2, after paragraph (4), insert—

“(5)

A judgment debt under a relevant judgment of, or registered in, the family court does not carry interest under this Order if by virtue of any other enactment it does not carry interest.”.

7Amendments to the County Courts (Interest on Judgment Debts) Order 1991

In article 4(1), for “a county court” substitute “the county court or the family court”.

8Amendments to the County Courts (Interest on Judgment Debts) Order 1991

In article 5—

(a)

in paragraph (2), for “a county” substitute “the appropriate”; and

(b)

after paragraph (2), insert—

“(3)

In paragraph (2) “the appropriate court” means—

(a)

the county court if the judgment debt is under a relevant judgment of the county court;

(b)

the family court if the judgment debt is under a relevant judgment of, or registered in, the family court.”.

Signature

Signed by authority of the Lord Chancellor

Shailesh Vara

Parliamentary Under Secretary of State

Ministry of Justice

3rd July 2014

Explanatory note

(This note is not part of the Order)

This Order makes amendments which are consequential upon the establishment of the single county court, and of the family court, as provided for in section 17 of, and Schedules 9, 10 and 11 to, the Crime and Courts Act 2013 (c. 22).

Article 2 amends section 74 of the County Courts Act 1984 (c. 28) so that provisions in respect of interest on judgments or orders will apply in the family court as well as the county court.

Article 3(2) amends paragraph 2(1) of Schedule 2 to the Access to Justice Act 1999 (c. 22) to enable the Lord Chancellor to fund advocacy in the family court. Article 3(3) amends paragraph 2(3) of Schedule 2 to that Act to reflect the transfer of jurisdiction over family proceedings to the family court.

Articles 4 to 8 amend the County Court (Interest on Judgment Debts) Order 1991 (S.I. 1991/1184) (“the 1991 Order”). The amendments are made in light of the amendment made to section 74 of the County Courts Act 1984. The amendments to the 1991 Order mean that in specified circumstances interest will be carried in respect of a judgment or order of, or registered in, the family court. Reference to registered judgments or orders is included to reflect the fact that various enactments make provision for certain orders or judgments made in different courts or jurisdictions to be registered in the family court for enforcement purposes.

In addition, the amendments made by articles 5, 7 and 8(a) amend references in the 1991 Order from “a county court” to “the county court” to reflect the creation of a single county court for England and Wales.

An impact assessment for this Order is annexed to the Explanatory Memorandum, which is available alongside this Order at www.legislation.gov.uk.