Civil Procedure (Modification of Enactments) Order 2002

JurisdictionUK Non-devolved
CitationSI 2002/439

2002 No. 439

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS, ENGLAND AND WALES

The Civil Procedure (Modification of Enactments) Order 2002

Made 28th February 2002

Laid before Parliament 1st March 2002

Coming into force 25th March 2002

The Lord Chancellor, in exercise of the power conferred upon him by section 4(1) of the Civil Procedure Act 19971, makes the following Order—

S-1 This Order may be cited as the Civil Procedure (Modification of...

1. This Order may be cited as the Civil Procedure (Modification of Enactments) Order 2002 and shall come into force on 25th March 2002.

S-2 The amendments set out in this Order shall have effect.

The amendments set out in this Order shall have effect.

2. The amendments set out in this Order shall have effect.

S-3 In section 5 of the Debtors Act 1869 , for the sentence after...

3. In section 5 of the Debtors Act 18692, for the sentence after the second proviso, substitute—

“Proof of the means of the person making default may be given in such manner as the court thinks just.

For the purpose of considering whether to commit a debtor to prison under this section, the debtor may be summoned in accordance with the prescribed rules.”.

S-4 For section 10 of the Debtors Act 1869, substitute— In this...

4. For section 10 of the Debtors Act 1869, substitute—

“In this part of this Act—

“prescribed”, where it appears other than as part of the expression “the prescribed rules”, means prescribed by rules of court; and

“the prescribed rules” means rules of court.”.

S-5 In section 5 of the Charging Orders Act 1979 — for subsection...

5. In section 5 of the Charging Orders Act 19793

(a) for subsection (2), substitute—

S-2

“2 The power to make rules of court under section 1 of, and Schedule 1 to, the Civil Procedure Act 1997 shall include power by any such rules to make provision—

(a) for the High Court to make a stop order on the application of any person claiming to be entitled to an interest in prescribed securities; and

(b) for the service of a stop notice by any person claiming to be entitled to an interest in prescribed securities.”;

(b) omit subsection (3); and

(c) in subsection (4), omit “or (3)”.

S-6 In section 40A of the Supreme Court Act 1981 , in subsections...

6. In section 40A of the Supreme Court Act 19814, in subsections (1) and (1A), for “order nisi”, in each place that it occurs, substitute “interim third party debt order”.

S-7 In section 109 of the County Courts Act 1984 , in subsections...

7. In section 109 of the County Courts Act 19845, in subsections (1) and (1A), for “order nisi”, in each place that it occurs, substitute “interim third party debt order”.

S-8 In section 110(2) of the County Courts Act 1984— at the end of...

8. In section 110(2) of the County Courts Act 1984

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

(b) omit sub-paragraph (b).

S-9 In section 147(1) of the County Courts Act 1984, in the...

9. In section 147(1) of the County Courts Act 1984, in the definition of “judgment summons”, for “to appear and be examined on oath as to his or their means” substitute “to attend court”.

S-10 In regulation 3 of the County Court Remedies Regulations 1991 —...

10. In regulation 3 of the County Court Remedies Regulations 19916

(a) in paragraph (3)(d), for “the Central London County Court Business List”, substitute “the Central London County Court Mercantile List”; and

(b) in paragraph (3A), for the definition of “the Central London County Court Business List” substitute—

““the Central London County Court Mercantile List” means the Mercantile Court established at the Central London County Court pursuant to Part 59 of the Civil Procedure Rules 19987;”.

S-11 In article 5 of the High Court and County Courts (Allocation of...

11. In article 5 of the High Court and County Courts (Allocation of Arbitration Proceedings) Order 19968

(a) for “the Central London County Court Business List”, in each place that it occurs, substitute “the Central London County Court Mercantile List”; and

(b) after paragraph (5), insert—

S-6

“6 In this article “the Central London County Court Mercantile List” means the Mercantile Court established at the Central London County Court pursuant to Part 59 of the Civil Procedure Rules 1998.”

S-12 In article 4 of the Access to Justice Act 1999...

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