Made | 29th December 2005 | ||
Laid before Parliament | 16th January 2006 | ||
Coming into force in accordance with regulation 2 |
Interpretation
3.
In these Regulations—
(c) in respect of a liability order designated for the purposes of section 33(5) of the Child Support Act 1991[3], the Secretary of State;
Amendment to the Register of Fines Regulations 2003
4.
In regulation 1(2) of the Register of Fines Regulations 2003[6], for "31st March 2006" substitute "6th April 2006".
Performance of steps under these Regulations
5.
Any step to be taken under these Regulations by the appropriate officer or the Registrar shall be taken—
within one working day;
(b) in respect of the registration of sums to which regulation 8(1)(c) applies, as soon as may be reasonably practicable.
Manner, etc, in which the Register is to be kept
6.
—(1) Where the Registrar is a body corporate, the Register shall be kept in accordance with the terms of the agreement between the Lord Chancellor and that body.
(2) The terms of the agreement between the Lord Chancellor and the body corporate shall specify—
7.
Where the Registrar is not a body corporate, the Register shall be kept by the Lord Chancellor in such a manner and at such a place as he shall determine.
Registration of judgments, administration orders and fines
8.
—(1) The appropriate officer shall send to the Registrar a return of—
(b) every administration order made under section 112 of the County Courts Act 1984[7] (power of county courts to make administration orders);
(c) every sum to be registered by virtue of paragraph 38(1)(b) of Schedule 5 to the Act (further steps available against defaulters).
(2) Following receipt of a return sent in accordance with paragraph (1), the Registrar shall record the details of the return as an entry in the Register.
Exempt judgments – High Court and county courts
9.
Regulation 8(1)(a) does not apply to—
(b) any judgment made in proceedings which are the subject of an appeal under Part 52 of the 1998 Rules, until that appeal has been determined;
(c) any judgment, other than a liability order designated under section 33(5) of the Child Support Act 1991, where the hearing was contested, until—
(d) an order for the payment of money arising from an action for the recovery of land (whether for costs, payments due under a mortgage, arrears of rent, or otherwise), until the creditor takes any step to enforce the order under Part 70 of the 1998 Rules;
(e) an order of a county court under—
Information contained in the appropriate officer's return
10.
The return sent by virtue of regulation 8(1) shall contain details of—
(g) in respect of a return sent by virtue of regulation 8(1)(b)—
(h) in respect of a return sent by virtue of regulation 8(1)(c)—
Cancellation or endorsement of entries relating to judgments of the High Court or a county court
11.
—(1) This regulation applies where an entry in the Register is one to which regulation 8(1)(a) applies (judgments entered in the High Court or a county court).
(2) Where it comes to the attention of the appropriate officer that—
that officer shall send a request to the Registrar to cancel the entry.
(3) Where it comes to the attention of the appropriate officer that the debt has been satisfied more than one month from the date of the judgment, that officer shall send a request to the Registrar to endorse the entry as to the satisfaction of the debt.
Endorsement of entries relating to county court administration orders
12.
—(1) This regulation applies where an entry in the Register is one to which regulation 8(1)(b) applies (administration orders of a county court).
(2) Where it comes to the attention of the appropriate officer that—
that officer shall send a request to the Registrar to endorse the entry accordingly.
Cancellation or endorsement of entries relating to fines
13.
—(1) This regulation applies where an entry in the Register is one to which regulation 8(1)(c) applies (fines subject to registration under Schedule 5 to the Act).
(2) Where it comes to the attention of the appropriate officer that—
that officer shall send a request to the Registrar to cancel the entry.
(3) Where it comes to the attention of the appropriate officer that the debt has been satisfied more than one month from the date on which the fine was registered, that officer shall send a request to the Registrar to endorse the entry as to the satisfaction of the debt.
Cancellation of entries in the Register – additional provisions
14.
Where an entry in the Register is endorsed in accordance with regulations 11(3) or 13(3) and the appropriate officer is later of the opinion that the debt was satisfied one month or less from—
that officer shall send a request to the Registrar to cancel the relevant entry.
15.
Where—
that officer shall send a request to the Registrar to cancel the relevant entry.
Cancellation and endorsement of entries in the Register by the Registrar
16.
Following receipt of a request under—
Application for, and issue of, a certificate of satisfaction
17.
—(1) A registered debtor may apply to the appropriate officer for a certificate ("certificate of satisfaction") as to the satisfaction of the debt.
(2) An application under paragraph (1) shall be—
18.
—(1) In the case of an application for a certificate of satisfaction in respect of an entry in the Register to which regulation 8(1)(a) applies (judgments entered in the High Court or a county court), the application under regulation 17(1) shall be accompanied by—
(2) For the purposes of paragraph (1)(a), sufficient evidence that the debt has been satisfied includes a signed statement by the creditor to that effect.
(3) Where paragraph (1)(b) applies, the appropriate officer shall send notice of the registered debtor's application under regulation 17(1) to the creditor together with a request that the creditor confirms within one month of the date of the notice whether the debt has been satisfied.
(4) For the purposes of paragraph (1)(c), evidence which is already in the possession of the appropriate officer includes where—
19.
Where an application has been made under regulation 17(1) and—
the appropriate officer shall issue a certificate of satisfaction to the registered debtor.
Amendment of the Register in respect of the amount registered
20.
—(1) Where it comes to the attention of the appropriate officer that the amount liable to be paid differs from the amount entered in the Register, due to—
the appropriate officer shall send a return to the Registrar to amend the Register to reflect the revised amount.
(2) The return sent in accordance with paragraph (1) shall contain the same information as prescribed by regulation 10 in respect of the return sent in accordance with regulation 8(1).
(3) Following receipt of a return sent in accordance with this regulation, the Registrar shall amend the Register accordingly.
Correction of registered details of the judgment, administration order or fine
21.
—(1) Where it comes to the attention of a registered debtor that the entry in the Register relating to his debt is inaccurate with respect to the details of the judgment, administration order or fine, that debtor may give notice to the Registrar requiring an amendment to be made ("amendment notice").
(2) The amendment notice shall—
22.
Following receipt of an amendment notice in respect of an entry in the Register, the Registrar shall request that the appropriate officer verify the details of that entry.
23.
Following receipt of a request for verification under regulation 22, the appropriate officer shall—
24.
—(1) Where the appropriate officer informs the Registrar that the entry is inaccurate and requests an amendment, the Registrar shall amend the Register to rectify the inaccuracy.
(2) Following an amendment to the Register in accordance with paragraph (1), the Registrar shall inform the registered debtor of the action taken and the reasons for having taken that action.
25.
Where the appropriate officer informs the Registrar that the entry is accurate, the Registrar shall inform the registered debtor that no action is to be taken and the reasons for not taking any action.
Removal of entries in the Register
26.
The Registrar shall remove any entry in the Register registered—
Searches of the Register
27.
—(1) Subject to regulation 29, searches of a section of the Register may be carried out on payment of the applicable charge relevant to the type and method of search.
(2) The types of search which may be carried out are—
Certified copies
28.
On receipt of—
the Registrar shall provide a copy of that entry, certified by him as a true and complete copy of the entry in the Register.
Refusal of access to the Register and appeals
29.
—(1) The Registrar may—
if he believes that the purpose for which access has been requested or for which the results of the search will be used contravenes—
(2) Where a refusal is made under paragraph (1), the person who has been denied access to, or has been denied a search of, the Register may appeal to a county court against the decision of the Registrar.
Signed by authority of the Lord Chancellor
Catherine M. Ashton
Parliamentary Under Secretary of State Department for Constitutional Affairs
Dated 29th December 2005
In particular, these Regulations provide for—
[2] S.I. 1998/3132, frequently amended.back
[6] S.I. 2003/3184, amended by S.I. 2005/485.back