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
‘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