Statutory Instruments

1998 No. 1900 (L.4)

COUNTY COURTS

PROCEDURE

The County Courts (Forms) (Amendment) Rules 1998

Made

30th July 1998

Coming into force

except for rules 2, 5 and 6

1st September 1998

Rules 2, 5 and 6

28th September 1998

1.-(1) These Rules may be cited as the County Court (Forms) (Amendment) Rules 1998.

(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(1) and "the main Schedule" means that Schedule.

2. There shall be substituted in the main Schedule, for Forms N.5A(2), N.5B(3), N.29, N.31(4), N.64(5) and N.110A(6), the forms contained in Schedule 1 to these Rules.

3. There shall be substituted in the main Schedule, for N.79(7), the form contained in Schedule 2 to these Rules.

4. There shall be inserted in the main Schedule, after Form N.136, the Forms N.138 and N.140 contained in Schedule 3 to these Rules.

5. Form N.56(8) in the main Schedule shall be omitted.

6.-(1) In the title to Form N.11A(9)-

(a)after the word "possession", there shall be inserted the words "following issue of a notice"; and

(b)the words "(assured tenancies [including assured shorthold tenancies])" shall be omitted.

(2) In the title to Form N.11B(10)-

(a)after the word "possession", there shall be inserted the words "following issue of a notice"; and

(b)the words "(assured shorthold tenancies only)" shall be omitted.

The undersigned members of the Rule Committee, appointed by the Lord Chancellor under section 75 of the County Courts Act 1984(11), having made these Rules, certify them and submit them to the Lord Chancellor.

Neil Butler

Hugh Jones

Margaret Wilby

Peter Birts

Henrietta Manners

E. C. Gee

I allow these Rules, which shall come into force on 1st September 1998, except for rules 2, 5 and 6 which shall come into force on 28th September 1998.

Irvine of Lairg, C.

Dated 30th July 1998

Rule 2

SCHEDULE 1

Rule 3

SCHEDULE 2

Rule 4

SCHEDULE 3

Explanatory Note

(This note is not part of the Rules)

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

(a)make minor amendments by substituting new forms for the Forms N.5A, (Application for accelerated possession following issue of a notice under section 8 of the Housing Act 1988), N.5B (Application for accelerated possession following issue of a notice under section 21 of the Housing Act 1988), N.29 (Order for Possession), N.31 (Order for Possession-suspended), N.64 (Suspended Attachment of Earnings Order), N.79 (Committal Order) and N.110A (Power of arrest attached to injunction) (rules 2 and 3);

(b)prescribe new forms N.138 (Injunction Order) and N.140 (Warrant of Arrest) as a result of the Protection from Harassment Act 1997 (rule 4);

(c)unprescribe Form N.56 (Form for Replying to an Attachment of Earnings Application (Statement of Means)) (rule 5); and

(d)change the titles to Forms N.11A (Form of reply to application for accelerated possession following issue of a notice under section 8 of the Housing Act 1988) and N.11B (Form of reply to application for accelerated possession following issue of a notice under section 21 of the Housing Act 1988) (rule 6).

(1)

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

(2)

Form N5A was inserted by S.I. 1993/2174 and substituted by S.I. 1997/1838.

(3)

Form N5B was inserted by S.I. 1997/1838.

(4)

Forms N.29 and N.31 were substituted by S.I. 1991/1132 and 1993/2174.

(5)

Form N.64 was substituted by S.I. 1991/1132.

(6)

Form N110A was inserted by S.I. 1997/1838.

(7)

Form N.79 was amended by S.I. 1994/2110.

(8)

Form N.56 was substituted by S.I. 1991/1132 and amended by S.I. 1993/712.

(9)

Form 11A was inserted by S.I. 1993/2174 and substituted by S.I. 1997/1838.

(10)

Form 11B was inserted by S.I. 1997/1838 and amended by S.I. 1997/2171.

(11)

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