Statutory Instrument 1996 No. 2810 (L. 8)

The County Court (Amendment No. 2) Rules 1996

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© Crown Copyright 1996

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1996 No. 2810 (L. 8)

COUNTY COURTS
PROCEDURE

The County Court (Amendment No. 2) Rules 1996

    1.—(1)  These Rules may be cited as the County Court (Amendment No. 2) Rules 1996.

    (2)  In these Rules, unless the context otherwise requires, a rule or Order referred to by number means the rule or Order so numbered in the County Court Rules 1981^[1].

    2.    In rule 3 of Order 1, in the definition of "proper officer" in sub-paragraph (b)(i) for "Order 9, rule 3" there shall be substituted "Order 9, rule 3(3)".

    3.    Rule 2(1)(d) of Order 2 shall be omitted.

    4.—(1)  In rule 1(2) of Order 48B:—
 (a) in the definition of "authority", the word "local" shall be substituted for the word "London";
and
 (b) there shall be inserted at the end of the definition of "the Order" the following:—
"as it applies to a local authority".

    (2)  After paragraph (3) of rule 1 of Order 48B, there shall be inserted the following:—
"  (4)  The references in paragraph (2) to a local authority mean:—
(a) in England, a London authority, a county or district council or the Council of the Isles of Scilly; and

(b) in Wales, a county or county borough council." .

The undersigned members of the Rule Committee appointed by the Lord Chancellor under section 75 of the County Courts Act 1984^[2], having made these Rules, certify them and submit them to the Lord Chancellor.

Frank White

Neil Butter

J. H. Wroath

M. J. Wilby

W. A. Vincent

Peter Birts

Henrietta Manners

E. C. Gee

I allow these Rules, which shall come into force on 1st December 1996.

Mackay of Clashfern,
C

Dated 7th November 1996

These Rules amend the County Court Rules 1981 so as to:—
(a) make a minor amendment to the definition of proper officer (rule 2);

(b) prevent the mandatory closure of court offices on Christmas Eve (or another specified day where Christmas Eve falls on a Saturday or a Sunday) (rule 3); and

(c) make consequential amendments to rule 1 of Order 48B, following the extension to areas outside London of the scheme under the Road Traffic Act 1991 for the enforcement of certain road traffic debts through county courts (rule 4).

[1] S.I. 1981/1687; the relevant amending instruments are S.I. 1991/1882, 1126, 1328, 1993/711, 2150, 1994/2403. back

[2] 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. back