The Register of Judgments, Orders and Fines (Amendment) Regulations 2009

• Citation: S.I. 2009/474
• Sections: 17

Section 1 Citation and commencement

These Regulations may be cited as the Register of Judgments, Orders and Fines (Amendment) Regulations 2009 and come into force on 1st April 2009.

Section 2 Amendment of the Register of Judgments, Orders and Fines Regulations 2005

The Register of Judgments, Orders and Fines Regulations 2005 are amended as follows.

Section 3 Amendment of the Register of Judgments, Orders and Fines Regulations 2005

In regulation 3 (interpretation)—

(a) in the definition of “appropriate officer”, in paragraph (a), after “entered” insert “or with which a tribunal decision is filed”;

(b) in the definition of “debt”, for “administration order or fine” substitute “administration order, fine or tribunal decision”; and

(c) at the end of the definition of “Technology and Construction Court”, insert—

;

“tribunal decision” includes an award

Section 4 Amendment of the Register of Judgments, Orders and Fines Regulations 2005

In regulation 5(a) (performance of steps under these Regulations)—

(a) at the end of sub-paragraph (i), omit “and”;

(b) in sub-paragraph (ii), after “applies” insert—

; and

(iii) the registration of tribunal decisions to which regulation 8(1)(d) applies

Section 5 Amendment of the Register of Judgments, Orders and Fines Regulations 2005

In the heading to regulation 8, for “administration orders and fines” substitute “administration orders, fines and tribunal decisions”.

Section 6 Amendment of the Register of Judgments, Orders and Fines Regulations 2005

At the end of regulation 8(1)(c) (registration of judgments, administration orders, fines and tribunal decisions), insert—

;

(d) subject to regulation 9A, every tribunal decision made by—

(i) the First-tier Tribunal;

(ii) the Upper Tribunal;

(iii) an employment tribunal; or

(iv) the Employment Appeal Tribunal,

in pursuance of which a sum of money is payable

Section 7 Amendment of the Register of Judgments, Orders and Fines Regulations 2005

After regulation 9 (exempt judgments – High Court and county courts), insert—

Exempt tribunal decisions

(9A) Regulation 8(1)(d) does not apply until, pursuant to rule 70.5(2A)(a) of the 1998 Rules—

(a) in the case of a tribunal decision made by the First-tier Tribunal or the Upper Tribunal, a copy of the tribunal decision is filed with the High Court or a county court; or

(b) in the case of a tribunal decision made by an employment tribunal or the Employment Appeal Tribunal, a copy of the tribunal decision is filed with a county court.

Section 8 Amendment of the Register of Judgments, Orders and Fines Regulations 2005

At the end of regulation 10(h)(ii) (information contained in the appropriate officer’s return), insert—

;

(i) in respect of a return sent by virtue of regulation 8(1)(d)—

(i) the name of the court with which the tribunal decision was filed in accordance with regulation 9A; and

(ii) the date on which the tribunal decision was filed with the court

Section 9 Amendment of the Register of Judgments, Orders and Fines Regulations 2005

At the end of the heading to regulation 11, insert “or tribunal decisions”.

Section 10 Amendment of the Register of Judgments, Orders and Fines Regulations 2005

In regulation 11 (cancellation or endorsement of entries relating to judgments of the High Court or a county court or tribunal decisions)—

(a) in paragraph (1), after “court)” insert “or to which regulation 8(1)(d) applies (tribunal decisions)”;

(b) in paragraph (2)—

(i) in sub-paragraph (a), for “; or” substitute “or the date on which the tribunal decision was filed with the court in accordance with regulation 9A;”;

(ii) in sub-paragraph (b), after “reversed” insert—

; or”

(c) the tribunal decision to which the entry relates has been set aside

(c) in paragraph (3), after “judgment” insert “or the date on which the tribunal decision was filed with the court in accordance with regulation 9A”.

Section 11 Amendment of the Register of Judgments, Orders and Fines Regulations 2005

In regulation 14 (cancellation of entries in the Register – additional provisions)—

(a) at the end of paragraph (a), omit “or”;

(b) in paragraph (b), after “registered” insert—

; or”

(c) the date on which the tribunal decision was filed with the court in accordance with regulation 9A

Section 12 Amendment of the Register of Judgments, Orders and Fines Regulations 2005

In regulation 18(1) (application for, and issue of, a certificate of satisfaction), after “court)”, insert “or to which regulation 8(1)(d) applies (tribunal decisions)”.

Section 13 Amendment of the Register of Judgments, Orders and Fines Regulations 2005

In regulation 20(1) (amendment of the Register in respect of the amount registered)—

(a) at the end of sub-paragraph (a), omit “or”;

(b) in sub-paragraph (b), after “debt” insert—

; or

(c) in the case of an entry to which regulation 8(1)(d) applies, a tribunal decision on appeal

Section 14 Amendment of the Register of Judgments, Orders and Fines Regulations 2005

In the heading to regulation 21, for “administration order or fine” substitute “administration order, fine or tribunal decision”.

Section 15 Amendment of the Register of Judgments, Orders and Fines Regulations 2005

In regulation 21(1) (correction of registered details of the judgment, administration order, fine or tribunal decision), for “administration order or fine” substitute “administration order, fine or tribunal decision”.

Section 16 Amendment of the Register of Judgments, Orders and Fines Regulations 2005

At the end of regulation 26(b) (removal of entries in the Register), insert—

;

(c) by virtue of regulation 8(1)(d), six years from the date on which the tribunal decision was filed with the court in accordance with regulation 9A

Section 17 Transitional provision

If, before 6th April 2009—

(a) any step is taken in the High Court or a county court to enforce a tribunal decision made by the First-tier Tribunal or the Upper Tribunal; or

(b) any step is taken in a county court to enforce a tribunal decision made by an employment tribunal or the Employment Appeal Tribunal,

regulation 7 of these Regulations is to apply to the tribunal decision as if a copy of the tribunal decision was filed with that court when that step was taken.