Royal Court (Amendment No. 17) Rules 2014


Royal Court (Amendment No. 17) Rules 2014

Made                                                                           10th June 2014

Coming into force                                                        17th June 2014

THE SUPERIOR NUMBER OF THE ROYAL COURT, in pursuance of Article 13 of the Royal Court (Jersey) Law 1948[1] and Article 5 of the Social Security Hypothecs (Jersey) Law 2014[2], has made the following Rules –

1        Interpretation

In these Rules “principal Rules” means the Royal Court Rules 2004[3].

2        Part 15 amended

(1)     In Rule 15/2(1) of the principal Rules, after the words “by serving” there shall be inserted the words “, through the intermediary of the Viscount,”.

(2)     In Rule 15/3D(3) of the principal Rules, after the words “to be served” there shall be inserted the words “, through the intermediary of the Viscount,”.

3        Part 17 amended

In Rule 17/3(1)(c) of the principal Rules the words “a pharmacist under the Pharmacy and Poisons (Jersey) Law 1952,” shall be deleted.

4        Rule 18/4A inserted

After Rule 18/4 of the principal Rules there shall be inserted the following Rule –

“18/4A   Social Security hypothecs

(1)     In this Rule –

‘arrangement’ means an arrangement with the Minister resulting in the creation of a legal hypothec;

‘legal hypothec’ means a hypothec arising pursuant to Article 2(1) of the Social Security Hypothecs (Jersey) Law 2014[4];

‘Minister’ means the Minister for Social Security.

(2)     The Greffier, on the application of the Minister in accordance with this Rule, shall register a form of notification of legal hypothec in the Register of Obligations and, in such a case, the legal hypothec shall bear the date of such registration.

(3)     The form of notification of legal hypothec must –

(a)     state the full names of all those whose immovable property is subject to the legal hypothec (including, in the case of a married woman, her maiden name);

(b)     be in or substantially in the form set out in Schedule 6A;

(c)     be executed by the Minister;

(d)     have the revenue stamps in respect of the fee payable on registration of the form of notification of legal hypothec under the Stamp Duties and Fees (Jersey) Law 1998[5] affixed either to the back of the form of notification or to a separate sheet of paper attached thereto; and

(e)     be presented to the Greffier after 9 a.m. on the date for which its registration is requested, provided that no form of notification of legal hypothec may be presented to the Greffier after 4 p.m. on the said date.

(4)     The form of notification of legal hypothec must be accompanied by documentary evidence sufficient to satisfy the Greffier that –

(a)     the person who has entered into the arrangement; and

(b)     any person whose immovable property is subject to the legal hypothec,

are aware of the hypothec and have acknowledged the right of the Minister to apply for it to be registered.

(5)     The Greffier shall, on the date of such registration, sign and seal the form of notification of legal hypothec which shall thereupon be enrolled in the Register of Obligations.

(6)     The Greffier shall treat a written confirmation from the Minister that the debt secured by the legal hypothec has been extinguished as evidence of the extinguishment of the debt secured by the legal hypothec.”.

5        Part 19 revoked

Part 19 of the principal Rules is revoked.

6        Schedule 6A inserted

After Schedule 6 to the principal Rules there shall be inserted Schedule 6A set out in the Schedule to these Rules.

7        Citation and commencement

(1)     These Rules may be cited as the Royal Court (Amendment No. 17) Rules 2014.

(2)     These Rules shall come into force on the seventh day after these Rules are made.

p. matthews

Deputy Judicial Greffier

 


SCHEDULE

(Rule 6)

“SCHEDULE 6A

(Rule 18/4A(3))

FORM OF NOTIFICATION OF LEGAL HYPOTHEC

I hereby confirm that1

[]

[has/have]2 entered into an arrangement with the Minister for Social Security which has resulted in the creation of a legal hypothec in favour of the Minister for Social Security pursuant to the Social Security Hypothecs (Jersey) Law 2014.

 

I hereby confirm that1

[]

[has/have]2 been advised to take independent professional advice prior to entering into such arrangement.

 

[His or her partner (as partner is defined in the Social Security Hypothecs (Jersey) Law 2014) who lives with him or her but is not a party to the arrangement has also been advised to take independent professional advice in respect of the arrangement.]3

 

 

 

 

(signed)

Minister for Social Security

 

Date

 

 

 

1 Insert name(s) of person(s) whose immovable property is subject to a legal hypothec

2 Delete as appropriate

3 Delete if no partner who is not party to the arrangement”

 

 


 



[1]                                    chapter 07.770

[2]                                    L.4/2014

[3]                                    chapter 07.770.72

[4]                                    L.4/2014

[5]                                    chapter 24.960


Page Last Updated: 15 Apr 2016