1998 No. 2940
The Civil Procedure (Modification of Enactments) Order 1998
Made
Coming into force in accordance with article 1
The Lord Chancellor, in exercise of the powers conferred on him by section 4(2) of the Civil Procedure Act 19971, hereby makes the following Order of which a draft has, in accordance with section 4(5) of that Act, been laid before and approved by resolution of each House of Parliament–
1
This Order may be cited as the Civil Procedure (Modification of Enactments) Order 1998 and shall come into force at the same time as the first Civil Procedure Rules made under section 2 of the Civil Procedure Act 1997.
2
The amendments set out in this Order shall have effect.
3
The Judgments Act 18382 is amended as follows–
a
section 17 (judgment debts to carry interest) stands as subsection (1) of that section;
b
in subsection (1), for “the time of entering up the judgment” substitute “such time as shall be prescribed by rules of court”; and
c
insert a new subsection as follows–
2
Rules of court may provide for the court to disallow all or part of any interest otherwise payable under subsection (1).
4
In section 1 of the Law Reform (Husband and Wife) Act 19623 (actions in tort between husband and wife), omit subsection (3).
5
The Supreme Court Act 19814 is amended as follows–
a
in section 33 (powers of High Court exercisable before commencement of action), in subsection (2), omit “in which a claim in respect of personal injuries to a person, or in respect of a person’s death, is likely to be made,”; and
b
in section 34 (power of High Court to order disclosure of documents, inspection of property etc.)–
i
omit subsection (1); and
ii
in each of subsections (2) and (3), omit “to which this subsection applies”.
6
The County Courts Act 19845 is amended as follows–
a
omit section 47 (minors);
b
in section 52 (powers of court exercisable before commencement of action), in subsection (2), omit “in which a claim in respect of personal injuries to a person, or in respect of a person’s death, is likely to be made,”;
c
in section 53 (power of court to order disclosure of documents, inspection of property etc.)–
i
omit subsection (1); and
ii
in each of subsections (2) and (3), omit “to which this section applies”;
d
in section 63 (assessors)–
i
in subsection (1), omit “on the application of any party”;
ii
omit subsection (2);
iii
in subsection (3), for “at such rate as may be prescribed” substitute “determined by the judge”; and
iv
in subsection (4), for “subsection (2) (otherwise than on the application of a party to the proceedings)” substitute “assisting the judge in reviewing the taxation by the district judge of the costs of any proceedings”;
e
in section 133 (proof of service of summonses etc.), in subsection (1), omit “under the hand of that officer”; and
f
omit section 134 (summons and other process to be under seal).
(This note is not part of the Order)