Note: This file does not form part of the Ministry of Justice or CS sites. The files on those sites are the only official versions of the CPRs and related material. Please also note that the cross-references are not claimed to be comprehensive.

(In this YAWS version a few editorial alterations have been made to the description of the CPR and Practice Directions, eg references to Part 3.8 have been changed to Rule 3.8, to ensure consistency with the remainder of the site.)

Click here to reload this page into top frame



This SI is referred to in: Civil Procedure (Amendment) Rules 2002 (Notes).
 
      Statutory Instrument 2001 No. 4016 (L.33)

      The Civil Procedure (Amendment No. 6) Rules 2001


      © Crown Copyright 2001

      The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

      It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Royal Arms and the Queen's Printer imprints.

      The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer copy published by The Stationery Office Limited as the The Civil Procedure (Amendment No. 6) Rules 2001, ISBN 0 11 039076 8. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles.

      To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.


STATUTORY INSTRUMENTS


2001 No. 4016 (L.33)

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS, ENGLAND AND WALES

The Civil Procedure (Amendment No. 6) Rules 2001

  Made 14th December 2001 
  Laid before Parliament 17th December 2001 
  Coming into force in accordance with rule 1

The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997Acts[1] to make rules of court under section 1 of that Act, after consulting in accordance with section 2(6)(a) of that Act, make the following Rules: - 

Citation, commencement and interpretation
     1. These Rules may be cited as the Civil Procedure (Amendment No. 6) Rules 2001 and shall come into force on the date of entry into force of section 3 of the Anti-terrorism, Crime and Security Act 2001[2].

Amendments to the Civil Procedure Rules 1998
     2. In RSC Order 115, in Schedule 1 to the Civil Procedure Rules 1998[3] - 

    (a) in rule 24, in paragraph (ba), for "proposed proceedings" substitute " any proceedings";

    (b) in rule 26(2) - 

      (i) for paragraph (a) substitute - 

      " (a) state, as the case may be, either - 

        (i) that proceedings have been instituted against a person for an offence under any of sections 15 to 18 of the Act and that they have not been concluded; or

        (ii) that a criminal investigation has been started in England and Wales with regard to such an offence,

      and in either case give details of the alleged or suspected offence and of the defendant's involvement;";

      (ii)

           in paragraph (b), at the beginning, insert "where proceedings have been instituted,";

      (iii) after paragraph (b) insert - 

      " (ba) where proceedings have not been instituted - 

        (i) indicate the state of progress of the investigation and when it is anticipated that a decision will be taken on whether to institute proceedings against the defendant;

        (ii) state the grounds for believing that a forfeiture order may be made in any proceedings against the defendant; and

        (iii) verify that the prosecutor is to have the conduct of any such proceedings;"; and

      (iv) omit paragraphs (d) and (e); and

    (c) in rule 27(3), after "the order and", insert ", unless the court otherwise orders,".


Phillips of Worth Matravers,
M.R.

Andrew Morritt,
V-C.

Anthony May,
L.J.

Richard Holman

Carlos Dabezies

John Leslie

Michael Black

Michelle Stevens-Hoare

Philip Rainey

Juliet Herzog

Alan Street

Ahmad Butt


I allow these Rules


Irvine of Lairg,
C.

Dated 14th December 2001



EXPLANATORY NOTE

(This note is not part of the Rules)


These Rules come into force on the same day as section 3 of the Anti-terrorism, Crime and Security Act 2001. They amend rules in Order 115 of the Rules of the Supreme Court in Schedule 1 to the Civil Procedure Rules 1998 governing applications to the High Court for restraint orders under Schedule 4 to the Terrorism Act 2000 (2000 c.11) ("the 2000 Act"). The amendments are consequential upon amendments made by the Anti-terrorism, Crime and Security Act 2001 to Schedule 4 to the 2000 Act, which extend the circumstances in which a prosecutor may apply to the High Court for a restraint order, by providing that such an application may be made where a criminal investigation has been started in England and Wales with regard to a suspected offence under any of sections 15 to 18 of the 2000 Act.


Notes:

[1] 1997 c.12.back

[2] 2001 c.24.back

[3] S.I. 1998/3132. RSC Order 115 was amended by S.I. 2001/1388. There are no other relevant amending instruments.back



ISBN 0 11 039076 8


 

Other UK SIs | Home | National Assembly for Wales Statutory Instruments | Scottish Statutory Instruments | Statutory Rules of Northern Ireland |  Her Majesty's Stationery Office


We welcome your comments on this site
© Crown copyright 2001
Prepared 31 December 2001