The County Court (Forms) (Amendment) Rules 1996

Made: 7th November 1996

Coming into force: 2nd December 1996

1

• (1) These Rules may be cited as the County Court (Forms) (Amendment) Rules 1996.

• (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.18, N.18A, N.60, N.65 and N.90, the forms contained in Schedule 1 to these Rules.

3

There shall be inserted in the main Schedule, after Form N.65, the Form N.65A (Attachment of Earnings Arrears Order (Priority Maintenance)) contained in Schedule 2 to these Rules.

4

In Form N.9, for the word “your” where that word first appears in Section 5 of the said Form, there shall be substituted the word “the”.

5

In Forms N.112 and N.112A, the words “I certify that the order of which this is a true copy was served by me on the defendant personally at the address stated in the order, or at on the day of 19 ” where those words appear in the Certificate of Service section of each of the said Forms, shall be omitted.

SCHEDULE 1

SCHEDULE 2

Signed

The undersigned members of the Rule Committee, appointed by the Lord Chancellor under section 75 of the County Courts Act 1984[^f00002], having made these Rules, certify them and submit them to the Lord Chancellor.

Frank White — Neil Butter — W A Vincent

I allow these Rules, which shall come into force on 2nd December 1996.

Mackay of Clashfern, C. — Dated 7th November 1996

Explanatory note

(This note is not part of the Rules)

These Rules amend the County Court (Forms) Rules 1982 so as to:—

• (1) substitute new forms for the Forms N.18 (Notice of Preliminary (Arbitration) Appointment), N.18A (Notice of Arbitration Hearing), N.60 (Attachment of Earnings Order (Judgment Debt)), N.65 (Attachment of Earnings Order (Priority Maintenance)) and N.90 (Summons for assaulting an officer of the Court or rescuing goods) (rule 2);

• (2) introduce a new Form N.65A (Attachment of Earnings Arrears Order (Priority Maintenance)) (rule 3); and

• (3) make minor amendments to Forms N.9 (Form of admission, defence and counterclaim to accompany Forms N.2, 3 and 4), N.112 (Order for Arrest under section 110 of County Courts Act 1984 and section 23 Attachment of Earnings Act 1971) and N.112A (Power of arrest, section 23 Attachment of Earnings Act 1971) (rules 4 and 5).

Footnotes

[^f00001]: S.I. 1982/586; the relevant amending instruments are S.I. 1990/517, 1991/1132, 1992/794, 2040, 1993/712, 1994/2110 and 1995/2839.

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