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Register of County Court Judgments (Amendment No. 2) Regulations 1990

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Statutory Instruments

1990 No. 768 (L.11)

COUNTY COURTS

Register of County Court Judgments (Amendment No. 2) Regulations 1990

Made

28th March 1990

Laid before Parliament

29th March 1990

Coming into force

1st April 1990

The Lord Chancellor, in exercise of the powers conferred on him by section 73(2) of the County Courts Act 1984 (1), hereby makes the following Regulations:

1.  These regulations may be cited as the Register of County Court Judgments (Amendment No. 2) Regulations 1990 and shall come into force on 1st April 1990.

2.  For regulation 5(1)(a) of the Register of County Court Judgments Regulations 1985 (2)(as substituted by regulation 3 of the Register of County Court Judgments (Amendment) Regulations 1990 (3), there shall be substituted the following- “(a) for the payment of money otherwise than by instalments, or”.

Mackay of Clashfern C.

Dated 28th March 1990

Explanatory Note

(This note is not part of the Regulations)

These Regulations correct an error in one of the amendments made to the Register of County Court Judgments Regulations 1985 by the Register of County Court Judgments (Amendment) Regulations 1990, S.I. 1990/491

Under the Amendment Regulations, judgments are to be registered on entry (instead of a month later as at present) unless they are exempt from registration under regulation 5. Judgments which are exempt from registration include judgments given after a contested hearing where the defendant does not ask for time to pay; such judgments are exempt from registration until the creditor proceeds to enforcement. Through an oversight, regulation 5(1)(a), as substituted by the Amendment Regulations, referred to judgments for the payment of money by instalments instead of judgments for the payment of money otherwise than by instalments. These Regulations make the necessary correction.

(1)

1984 c. 28; section 73 was amended by the Administration of Justice Act 1985 (c. 61) section 54.

(2)

S.I. 1985/1807; the relevant amending instrument is S.I. 1986/2001

(3)

S.I. 1990/491

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