The County Court (Forms) (Amendment) Rules 1997

Made: 28th July 1997

Coming into force

1

• (1) These Rules may be cited as the County Court (Forms) (Amendment) Rules 1997.

• (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.5A and N.11A[^f00002], the forms in Schedule 1 to these Rules.

3

In—

• (a) section 4 of form N.9[^f00003], and

• (b) section 4 of form N.10 (HP/CCA)[^f00004]

for the words from “If your claim against the plaintiff is for more than his claim against you, you may have to pay a fee. Ask at the court office whether a fee is payable.”, there shall be substituted the words “To start your counterclaim, you may have to pay a fee. If you do, the fee will depend on the amount you are claiming. Court staff will tell you how much you have to pay.”.

4

In section 5 of form N.9B[^f00005] for the words from “If your claim against the plaintiff is for more than the plaintiff’s claim against you, you may have to pay a fee. Ask at your local court office whether a fee is payable.”, there shall be substituted the words “To start your counterclaim, you may have to pay a fee. If you do, the fee will depend on the amount you are claiming. Court staff will tell you how much you have to pay.”.

5

There shall be substituted in the main Schedule, for forms N.8, N.8(1), N.8(2), N.8(4), N.15, N.17, N.24[^f00006], N.40, N.53[^f00007], N.70, N.71, N.75, N.81, N.88[^f00008], N.89[^f00008], N.90[^f00009], N.91, N.103, N.104 and N.107, the forms contained in Schedule 2 to these Rules.

6

There shall be substituted in the main Schedule, for form N.16A[^f00010], the form contained in Schedule 4 to these Rules.

7

There shall be inserted in the main Schedule, after form N.110, the form contained in Schedule 3 to these Rules.

8

There shall be substituted, for the words “chief clerk” wherever they appear in the forms in the main Schedule, the words “court manager”.

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

Signed

The undersigned members of the Rule Committee, appointed by the Lord Chancellor under section 75 of the County Courts Act 1984[^f00011], having made these Rules, certify them and submit them to the Lord Chancellor.

Frank J. White — Neil Butter — Helen Paling — Hugh Jones — R. Winstanley — Margaret Wilby — W. A. Vincent — Henrietta Manners — E. C. Gee

I allow these Rules, which shall come into force on 1st September 1997 except for rule 2 which shall come into force on 1st October 1997.

Irvine of Lairg, C. — Dated 28th July 1997

Explanatory note

(This note is not part of the Rules)

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

• (a) substitute new forms to be used under the accelerated possession procedure (rule 2);

• (b) amend the defence forms as a result of the change in the way fees for counterclaims are charged (rules 3 and 4);

• (c) substitute re-designed versions of certain forms (rule 5);

• (d) provide two new forms for use in applications for injunctions against anti-social behaviour (rules 6 and 7) and

• (e) to reflect the change in name of chief clerk (rule 8);

Footnotes

[^f00001]: S.I. 1982/586; the relevant amending instruments are noted in footnotes to provisions in the body of the instrument.

[^f00002]: Forms N.5A and N.11A were inserted by S.I. 1993/2174.

[^f00003]: Form N.9 was substituted by S.I. 1995/2839 and amended by S.I. 1995/3278 and 1996/2811.

[^f00004]: Form N.10 (HP/CCA) was substituted by S.I. 1995/2839.

[^f00005]: Form N.9B was substituted by S.I. 1995/2839.

[^f00006]: Form N.24 was substituted by S.I. 1994/2110.

[^f00007]: Form N.53 was amended by S.I. 1987/1119.

[^f00008]: Forms N.88 and 89 were amended by S.I. 1984/879.

[^f00009]: Form N.90 was substituted by S.I. 1996/2811.

[^f00010]: Form N.16A was inserted by S.I. 1991/526.

[^f00011]: 1984 c. 28; section 75 was amended by the Courts and Legal Services Act 1990 (c. 41), sections 2(4) and 16 and Schedule 18, paragraph 47.