The County Court (Forms) (Amendment No.2) Rules 1991

Made: 13th May 1991

Coming into force: 1st July 1991

1

• (1) These Rules may be cited as the County Court (Forms) (Amendment No. 2) Rules 1991.

• (2) In these Rules, a form referred to by number means the form so numbered in the Schedule to the County Court (Forms) Rules 1982[^f00001] and “the main Schedule” means that Schedule.

2

There shall be substituted in the main Schedule, for forms N.1, N.1(SPC), N.1(D), N.2, N.3, N.4, N.5, N.6, N.7, N.9, N.10(HP/CCA), N.22, N.23, N.25, N.26, N.27, N.27(1), N.27(2), N.28, N.29, N.30, N.30(1), N.30(2), N.31, N.32, N.32(1)–(5), N.33, N.34, N.35, N.36, N.37, N.38, N.39, N.41, N.42, N.46, N.48, N. 49, N.50, N.51, N.52, N.55, N.56, N.58, N.60, N.61, N.63, N.64, N.64A, N.65, N.66, N.67, N.69, N.72, N.73, N.74, N.84, N.85, N.96, N.97, N.98, N.99, N.105, N.108, N.109 and N.112, the forms contained in Schedule 1 to these Rules.

3

After the forms listed in column one of the table below there shall be inserted the forms listed in column two and contained in Schedule 2 to these Rules.

SCHEDULE 1

SCHEDULE 2

Signed

We, the undersigned members of the Rule Committee appointed by the Lord Chancellor under section 75 of the County Courts Act 1984[^f00002], having by virtue of the powers vested in us in that behalf made the foregoing Rules, do hereby certify the same under our hands and submit them to the Lord Chancellor accordingly.

C. S. Stuart-White — A. N. Fricker — R. H. Hutchinson — Eifion Roberts — Frank J. White — R. Greenslade — K. H. P. Wilkinson — Tim Stow — R. C. Newport — P. R. Bazley White

I allow these Rules, which shall come into force on 1st July 1991.

Mackay of Clashfern, C — Dated 13th May 1991

Explanatory note

(This note is not part of the Rules)

These Rules amend the County Court (Forms) Rules 1982 so as to reflect in the court forms the changes made by the County Court (Amendment No.2) Rules 1991 (S.I. 1991/1126); those Rules increased the small claims limit and the jurisdiction of district judges as well as devolving to court staff the making of some orders as to time for payment and functions relating to suspension of warrants, variation orders, and attachment of earnings. Many of the forms also reflect the fact that, after 1st July 1991, certain county court judgments will carry interest pursuant to the County Courts (Interest on Judgment Debts) Order 1991 (S.I. 1991/ 1184).

These Rules substitute new forms of summons, judgment, variation and other orders, warrant, judgment summons and garnishee order, and various forms to be used in attachment of earnings proceedings (Rule 2).

Several new forms are introduced including a separate form of admission and statement of means (N.9A), a separate defence and counterclaim (N.9B), and a computer-produced warrant (N.42(c)) (Rule 3).

Footnotes

[^f00001]: S.I. 1982/586; the relevant amending instruments areS.I. 1982/1141, 1983/1715, 1984/879, 1985/567, 1986/1505, 1987/1119,1988/279, 1989/886, 1918 and 1990/517.

[^f00002]: 1984 c. 28; section 75 was amended by the Courts and Legal Services Act 1990 (c. 41), sections 2(4), 16, Schedule 18, paragraph 47.