The Civil Procedure (Modification of Enactments) Order 2002
Article 3 of this Order amends section 5 of the Debtors Act 1869 removing the provision enabling a debtor to be cross-examined on oath as to his means following the issue of a judgment summons. In consequence of this amendment article 8 amends section 110 of the County Courts Act 1984 removing the power of the court to commit a judgment debtor for refusing to be sworn or give evidence, and article 9 amends the definition of “judgment summons” in section 147 of the County Courts Act 1984. These amendments are consequential on rule 39 of the Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015) which makes amendments to CCR Order 38 (judgment summonses) requiring a creditor to prove his case against a debtor following the issue of a judgment summons and providing that such a debtor may not be compelled to give evidence.