Statutory Instruments
2021 No. 459
Magistrates’ Courts, England And Wales
The Magistrates’ Courts (Amendment) Rules 2021
Made
8th April 2021
Laid before Parliament
13th April 2021
Coming into force
4th May 2021
The Lord Chief Justice makes the following Rules in exercise of the powers conferred by section 144 of the Magistrates’ Courts Act 1980( 1 ), with the concurrence of the Lord Chancellor.
Citation, commencement and extent
1. —(1) These Rules may be cited as the Magistrates’ Courts (Amendment) Rules 2021 and come into force on 4th May 2021.
(2) These Rules extend to England and Wales.
Amendment of the Magistrates Court Rules 1981
2. —(1) The Magistrates’ Courts Rules 1981( 2 ) are amended as follows.
(2) After rule 60 (enforcement where periodical payments made under more than one order), insert—
“ 60A Applications under regulation 7(2)(b) of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020
(1) In this Rule the “2020 Regulations” means the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 ( 3 ) .
(2) Where the permission of a magistrates’ court is sought for the purposes of regulation 7(2)(b) (effect of moratorium) of the 2020 Regulations, an application must be made by complaint in writing and Part II of the Magistrates’ Courts Act 1980 applies accordingly, with the exception of paragraphs (2) to (8) of section 55 (non-appearance of defendant).
(3) The complainant must serve on the debt advice provider named in the notification provided for the purposes of regulation 4(3) (debt advice provider fees and referrals) of the 2020 Regulations a copy of the summons that is issued to the debtor following a complaint under paragraph (1). ”
Burnett of Maldon, C.J.
Lord Chief Justice
I agree
David Wolfson
Parliamentary Under Secretary of State
Ministry of Justice
8th April 2021
1980 c. 43 ; section 144 was amended by section 109(1) and (3) and paragraphs 245(1), (2) and (5) of Schedule 8 and Schedule 10 to the Courts Act 2003 (c. 39) , section 15(1) and paragraphs 99 and 102 of Schedule 4 to the Constitutional Reform Act 2005 (c. 4) , section 208(1) and paragraphs 42 and 43(b) of Schedule 21 to the Legal Services Act 2007 (c. 29) , section 17(6) and paragraphs 39, 52 and 99 of Schedule 10 to the Crime and Courts Act 2013 (c. 22) , section 3 and paragraph 10 of the Schedule to the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33) and S.I. 2012/2398 .