The County Court (Amendment No. 4) Rules 1991

• Citation: S.I. 1991/1882
• Sections: 13

Section 1 Citation and interpretation

(1) These Rules may be cited as the County Court (Amendment No. 4) Rules 1991.

(2) In these Rules, unless the context otherwise requires, an Order referred to by number means the Order so numbered in the County Court Rules 1981 and Appendix A, B or C means Appendix A, B or C to those Rules.

Section 2 References to imperial measurements

(1) In Order 7, rule 4, for “500 yards” there shall be substituted “500 metres”.

(2) In Item 12(d) of Appendix A and in Note 2 thereto, for “25 miles” there shall be substituted “40 kilometres”.

Section 3 Matrimonial and family proceedings

The following are revoked:

(a) Order 16, rule 12 (Family business and family proceedings — transfer);

(b) Order 36 (Enforcement of maintenance orders in courts other than county courts);

(c) in Order 47 (Domestic and matrimonial proceedings), rules 1, 2, 4, and 6 to 11;

(d) in Order 48 (Family provision)—

(i) in rule 1, the definition of “the Act of 1973” and, in the definition of “the deceased”, the words from “in the case of an application under section 36” to “the application relates and,”;

(ii) paragraph (2) of rule 2 (and in consequence paragraph (1) of that rule shall stand as rule 2);

(iii) in rule 3(1), “(1) or (2)”;

(iv) in rule 3(2), sub-paragraph (b) and the word “and” immediately preceding it (and in consequence paragraph (2)(a) shall stand as paragraph (2));

(v) in rules 4(2) and 7, the words “or section 36 of the Act of 1973”;

(vi) in rule 9(1), the words “section 36 of the Act of 1973 or”.

Section 4 Closing of court offices

For Order 2, rule 2(1)(d), there shall be substituted the following—

(d) Christmas Eve or—

(i) if that day is a Saturday, then 23rd December,

(ii) if that day is a Sunday, then 22nd December,

Section 5 Miscellaneous amendments

Order 9, rule 6(1) shall be amended by omitting the words “and, unless otherwise directed, producing the plaint note”.

Section 6 Miscellaneous amendments

Order 13, rule 12 shall be amended by substituting, for the words “in which the sum claimed or amount involved exceeds £500”, the words “except where those proceedings stand referred for arbitration under Order 19, rule 2(3)”.

Section 7 Miscellaneous amendments

At the end of Order 16, rule 6(1A), there shall be inserted (on a new line) the following—

and, where proceedings are transferred down from the High Court, the pleadings shall, for the purposes of the said rule 11, be deemed to be closed 14 days after the date of transfer.

Section 8 Miscellaneous amendments

Rule 7 of the County Court (Amendment No. 2) Rules 1991 shall be amended by substituting, for the words “(a) any action”, the words “(b) any action”.

Section 9 Miscellaneous amendments

For Order 25, rule 5(1), there shall be substituted the following—

(1) The requests and applications mentioned in paragraph (2) are—

(a) a request for a warrant of execution, delivery or possession,

(b) a request for a judgment summons or warrant of committal,

(c) an application for a garnishee order under Order 30, rule 1, and

(d) an application for a charging order.

Section 10 Miscellaneous amendments

Order 25, rule 5(3) shall be amended by substituting, for the words “to rule 8(5)(b)”, the words “to rule 8(9)”.

Section 11 Miscellaneous amendments

For the word “registrar” in Order 37, rule 6(1), (wherever it occurs in that rule and in the title to that rule), there shall be substituted the words “district judge”.

Section 12 Miscellaneous amendments

Order 50, rule 9A (Official shorthand note) inserted by rule 12 of the County Court (Amendment No. 3) Rules 1991 shall be re-numbered rule 9B.

Section 13 Change of solicitor

(1) In Order 50, rule 5(1) and (3), after the words “to the proper officer” there shall be inserted the words “, to the former solicitor, and”.

(2) After Order 50, rule 5(1) there shall be added the following new paragraph—

(1A) A notice to the proper officer under paragraph (1) or (3) shall contain a certificate by the party or his new solicitor that notice has also been given to the former solicitor and to every other party