
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 1838 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 1962 (actions in tort between husband and wife), omit subsection (3).
5 
The Supreme Court Act 1981 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 1984 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).
Irvine of Lairg, C.
Dated 27th November 1998