HC Deb 23 July 1996 vol 282 cc231-2W
Ms Roseanna Cunningham

To ask the Secretary of State for Scotland, pursuant to his answer of 8 July,Official Report, column 53, about mechanisms in place at the Books of Council and Session, what is his definition of an appropriate court. [38795]

Lord James Douglas-Hamilton

Schedule 8, rule 3 of the Civil Jurisdiction and Judgments Act 1982 defines the court(s) with jurisdiction to hear a case. Once judgment has been made or entered in that court, that court is the appropriate court to issue the certificate of judgment in terms of section 18(2) of the said Act.

Ms Cunningham

To ask the Secretary of State for Scotland, pursuant to his answer of 8 July,Official Report, column 54, about numbers of English certificates of money provisions registered with the Books of Council and Session, for each year 1990 to 1995 and for the first six months of 1996, how many of the certificates were granted in actions which arose out of consumer contracts falling within the terms of schedule 8, rule 3 of the Civil Jurisdiction and Judgments Act 1982. [38796]

Lord James Douglas-Hamilton

The form of the certificate of judgment is provided for in schedule 6, rule 4 and schedule 7, rule 4 of the Civil Jurisdiction and Judgments Act 1982. In neither case is it necessary for the certificate to state the cause of the action. The information requested cannot, therefore, be provided from the face of the register and the Keeper has neither the locus nor the means to look behind the ex facie terms of a certificate presented for registration.