The High Court and County Courts Jurisdiction (Amendment) Order 2009

• Citation: S.I. 2009/577
• Sections: 8

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the High Court and County Courts Jurisdiction (Amendment) Order 2009 and shall come into force on 6th April 2009.

(2) In this Order “the 1991 Order ” means the High Court and County Courts Jurisdiction Order 1991 and an article referred to by number alone means the article so numbered in the 1991 Order.

Section 2 Amendments to the 1991 Order

For article 4A substitute—

(4A) Except for proceedings to which article 5 applies, a claim for money in which the county courts have jurisdiction may only be commenced in the High Court if the value of the claim is more than £25,000.

Section 3 Amendments to the 1991 Order

In article 5(1) omit “financial”.

Section 4 Amendments to the 1991 Order

In article 8, after paragraph (1A) insert—

(2) Subject to paragraph (3), where—

(a) an enactment provides that a sum of money shall be or may be recoverable as if it were payable under a county court order; and

(b) the recovery of that sum is sought wholly or partially by execution against goods,

payment of that sum shall be enforced in accordance with paragraphs (1)(a) to (c).

(3) Paragraph (1)(b) does not apply to the enforcement of—

(a) a sum of money recoverable under section 15(1) of the Employment Tribunals Act 1996 ; or

(b) a compromise sum which is recoverable under section 19A(3) of that Act.

Section 5 Amendments to the 1991 Order

In article 8A—

(1) in paragraph (1)(a)—

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

(b) after sub-paragraph (ii) insert—

(iii) regulation 17 of the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 ;

(iv) regulation 21 of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 ; and

(v) regulation 13 of the Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations 2008 ;

(c) at the end of sub-paragraph (b) omit “and”;

(d) for sub-paragraph (c) substitute—

(c) amounts payable by a person other than a local authority under an adjudication pursuant to—

(i) the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001;

(ii) the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 ; and

(iii) the Civil Enforcement of Parking Contraventions (Representations and Appeals) (Wales) Regulations 2008 ; and

(e) after sub-paragraph (c) but before “shall be taken at Northampton County Court” insert—

(d) increased fixed penalties referred to in—

(i) regulation 17(6) of the Road Traffic (Vehicle Emissions) (Fixed Penalty) (England) Regulations 2002 ; and

(ii) regulation 17(6) of the Road Traffic (Vehicle Emissions) (Fixed Penalty) (Wales) Regulations 2003 ,

(2) in paragraph (2) omit “and expressions which are used in the 1991 Act have the same meaning in this article as they have in that Act”; and

(3) in paragraph (3)(a) for “London authority” substitute “London borough council, the Common Council of the City of London, Transport for London”.

Section 6 Amendments to the 1991 Order

In the heading to article 9 omit “Financial” and for “value” substitute “Value”.

Section 7 Amendments to the 1991 Order

In article 9 omit “financial”.

Section 8 Transitional Provision

The amendments made by articles 2, 3, 6 and 7 of this Order have effect only in relation to proceedings issued on or after 6th April 2009, and in relation to proceedings issued before that date the 1991 Order in force immediately before 6th April 2009 shall have effect as if it had not been amended.