Statutory Instrument 2007 No. 3543 (L. 31)
The Civil Procedure (Amendment No.2) Rules 2007
© Crown Copyright 2007
The original of this Statutory Instrument can be found
at
http://www.opsi.gov.uk/si/si2007/uksi_20073543_en_1.
STATUTORY INSTRUMENTS
2007 No. 3543 (L. 31)
SUPREME COURT OF ENGLAND AND WALES
COUNTY COURTS, ENGLAND AND WALES
The Civil Procedure (Amendment No.2) Rules 2007
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Made |
17th December 2007 | |
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Laid before Parliament |
18th December 2007 | |
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Coming into force in accordance with rule 1
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The Civil Procedure Rule Committee, in exercise of the power
conferred by section 2 of the Civil Procedure Act 1997Acts() 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.2) Rules 2007 and come into force—
(a) for the purposes of this rule and
rules 2, 9 and 13, on 31st March 2008; and
(b) for all other purposes, on 6th April
2008.
2. In these Rules a reference to a
Part or rule by number alone means the Part or rule so numbered in the Civil
Procedure Rules 1998().
Amendments to the Civil Procedure
Rules
1998
3. In rule 3.7--
(a) at the end of paragraph (1)(c), omit
"or";
(b)
(b) at the end of paragraph (1)(d), for
"." substitute "or";
(c) after paragraph (1)(d),
insert--
"(e) the fee payable for a
hearing specified by the relevant Fees Order is not paid."
(d) in paragraph (2), for "exemption
or" substitute "full or part";
(e) in paragraph (4)(b), for "an
exemption from or" substitute "full or part";
(f) for paragraph (5)
substitute--
(5) Where an application for--
(a) full or part remission of a fee is
refused, the court will serve notice on the claimant requiring payment of the
full fee by the date specified in the notice; or
(b) part remission of a fee is
granted, the court will serve notice on the claimant requiring payment of the
balance of the fee by the date specified in the notice.;
and
(g)
in paragraph (7), for "exemption from
payment or" substitute "full or part".
4.
In
rule 3.7--
(a) for paragraph (1)
substitute--
"(1) This rule applies
where--
(a) a defendant files a counterclaim
without--
(i) payment of the fee specified
by the relevant Fees Order; or
(ii)
making an application for full or part
remission of the fee; or
(b) the proceedings continue on the
counterclaim alone and--
(i) an allocation questionnaire or a
pre-trial check list (listing questionnaire) is filed without payment of the fee
specified by the relevant Fees Order;
(ii) the court dispenses with the need
for an allocation questionnaire or a pre-trial check list or both;
(iii) these Rules do not require an
allocation questionnaire or a pre-trial checklist to be filed in relation to the
claim in question; or
(iv) the fee payable for a hearing
specified by the relevant Fees Order is not
paid.";
(b)
in paragraph (2), for "exemption
or" substitute "full or part";
(c) in paragraph (4)(b), for "an
exemption from or" substitute "full or part";
(d) for paragraph (5)
substitute--
"(5) Where an application for--
(a) full or part remission of a fee is
refused, the court will serve notice on the defendant requiring payment of the
full fee by the date specified in the notice; or
(b) part remission of a fee is
granted, the court will serve notice on the defendant requiring payment of the
balance of the fee by the date specified in the notice.";
and
(e) in paragraph (7), for "exemption
from payment or" substitute "full or part".
5.
In
Part 19--
(a) in rule 19.9(1)(b), for "944" substitute
"996";
(b) in rule 19.9A(1), for
"261(2)" substitute "261(1)";
(c) for rule 19.9C(5) substitute--
"(5)ΓΒ Rules 19.9A (except for paragraph (1)
of that rule) and 19.9B apply to the permission application as if the body
corporate or trade union were a company.";
(d) in rule 19.9D, for "994" substitute "996";
and
(e) in rule 19.9F, for "discontinued or settled" substitute
"discontinued, settled or compromised".
6.
After rule 52.17, in the heading "VI
STATUTORY RIGHTS OF APPEAL", for "VI" substitute
"IV".
7.
In Part 54--
(a) in the table of contents,
omit--
(i) "II
STATUTORY REVIEW UNDER THE NATIONALITY, IMMIGRATION AND ASYLUM ACT 2002()"; and
(ii) the entries relating to rules 54.21 to 54.27;
(b) for rule 54.19(2) substitute--
"(2) The court may--
(a)(i) remit the matter to the
decision-maker; and
(ii) direct it to reconsider the
matter and reach a decision in accordance with the judgment of the court;
or
(b) in so far as any enactment
permits, substitute its own decision for the decision to which the claim
relates.
(Section 31 of the Supreme Court Act 1981Acts() enables the High Court, subject to certain conditions, to
substitute its own decision for the decision in question.)
(c) omit rule 54.19(3) and the parenthesis
following that rule; and
(d) after rule 54.20--
(i) omit the heading "Section II
Γ’Β" Statutory Review under the Nationality, Immigration and Asylum Act
2002"; and
(ii) omit rules 54.21 to 54.27.
8.
In rule 57.7(4)(b), for "was not of sound mind, memory and
understanding"substitute "lacked testamentary
capacity".
9.
In Part 75--
(a) in rule 75.1--
(i) in paragraph (1), after "practice
direction" insert "supplementing this Part";
(ii) after paragraph (1)(b),
insert--
"(Rule
21.1(1)(c) provides that Part 21 (children and protected parties) does not apply
to proceedings under this Part where one of the parties is a child.)"
(iii) in paragraph (2)(b)(i), for
"he substitute "the bailiff";
(iv) at the end of paragraph (2)(b)(iii),
for "." substitute "";
(v) in paragraph (2)(d)(i), after
"statutory declaration" insert "or witness statement";
and
(vi) in paragraph (2)(f), after
"practice direction" insert "supplementing this
Part"
(b) in rule 75.2(2)(a), for "shall
be" substitute "is";
(c) in rule 75.3--
(i) in paragraph (2)(c)(v), after
"practice direction" insert 7quot;supplementing this
Part";
(ii) in paragraph (3), for
"sealing" substitute "registering";
(iii) for paragraph (4)
substitute--
"(4) On receipt of a registered request the authority may draw up the order and must--
(a) insert in the order the date by
which the respondent must either--
(b) attach to the order a form of statutory declaration or witness statement for the respondent's use.";
(iv) for paragraph (5)
substitute--
and
(v) revoke paragraph (6);
(d) in rule 75.5(1), after "practice direction" insert
"supplementing this Part7";
(e) in rule 75.6(b), for "rules 1 and
9" substitute "rule 17";
(f) in rule 75.8--
(i) after "the filing of a statutory
declaration" insert "or a witness statement"; and
(ii) in paragraph (a), after
"statutory declaration" insert "or witness
statement";
(g) in rule 75.9, for "If an"
substitute "Where the";
(h) in rule 75.10(i) for
"reasons" substitute "reason why"; and
(i) in rule 75.11--
(i) for "If" substitute "Where";
(ii) for "an" substitute "the"; and
(iii) for "defendant" substitute
"respondent".
10.
In Part 76--
(a) in rule 76.1(3), omit sub-paragraph (g);
(b) in rule 76.14(1)--
There's plenty in perl 5 we're familiar and comfortable with but
(i) after "no later than 28 days after
receiving" omit "notice of";
(ii) in sub-paragraph (a), for "order
that is the subject of the appeal" substitute "notice setting
out the terms of the order, renewal or modification that is the subject of the
appeal" and
(iii) in sub-paragraph (b), before
"the decision by the Secretary of State" insert "notice
of";
(c) in rule 76.23--
(i) in paragraph (1), for "relevant
law officer" substitute "Attorney General";
(ii) in There's plenty in perl 5 we're familiar and comfortable with
butparagraph (3), for "relevant law officer" in both places where it
occurs substitute "Attorney General"; and
(iii) in paragraph (4), for "relevant
law officer" substitute "Attorney General";
(d) in rule 76.25(3)(c), for
"relevant law officer" substitute "Attorney
General";
(e) in rule 76.29(2)(i), after
"rule 76.25(5)(b)" insert "to the same or substantially
the same communication"; and
(f) for rule 76.33(4) substitute--
"(4) Where the Secretary of State makes an
application under paragraph (3), he must at the same time serve on the special
advocate, if one has been appointed--
(a) a copy of the application;
and
(b) a copy of the notice served on the
Secretary of State pursuant to paragraph (2).".
11.
After Part 76, insert Part 77 (Provisions in Support of Criminal Justice) as set
out in the Schedule to these Rules.
12.
Revoke RSC Order 96 in
Schedule 1 to the Civil Procedure Rules 1998.
Transitional provisions
13.
The amendments made by rule 9(c)(iii) and (iv) of these Rules to rule 75.3(4)
and (5) and the omission of rule 75.3(6) by rule 9(c)(v) of these Rules do not
apply to proceedings where the authority filed a request pursuant to rule
75.3(1) before 31st March 2008 and the rules of court in force immediately
before that date will continue to apply to those proceedings as if they had not
been amended or revoked.
| Sir Anthony Clarke, M.R. |
| Martin Moore-Bick, L.J. |
| Rupert Jackson, J. |
| Michael Briggs, J. |
| HHJ Stephen Oliver-Jones Q.C. |
| Master Steven Whitaker |
| District Judge Robert Hill |
| District Judge Suzanne Burn |
| David di Mambro |
| Peter Candon |
| David Grant |
| Katy Peters |
| Philip Rainey |
|
|
| I allow these Rules |
| Signed by authority of the Lord Chancellor |
| Bridget Prentice |
| Parliamentary Under Secretary of
State |
| Ministry of Justice |
| 17th December 2007 |
Rule 11
SCHEDULE
PROVISIONS IN SUPPORT OF CRIMINAL JUSTICE
Contents of this Part
| Scope and interpretation |
Rule 77.1 |
| Application for a SCPO |
Rule 77.2 |
| Applications by third parties to make representations and applications to vary or discharge a SCPO made by the High Court |
Rule 77.3 |
| Application to vary or discharge a SCPO made by the Crown Court |
Rule 77.4 |
| Where to make an application |
Rule 77.5 |
| Scope and interpretation
|
| 77.1.
|
| (1)
| This Part contains rules about--
| (a)
| applications for a serious crime
|
| | (2) | In this Part--
| (a) | "the 2007 Act" means the Serious Crime Act 2007; and
| | b) | "SCPO" means a serious crime prevention order under section 1 or section 19 of the 2007 Act.
|
|
|
| Application for a SCPO
|
| 77.2.
| An application under section 8 of the 2007 Act for a SCPO must be started in accordance with Part 8 as modified by the practice direction supplementing this Part.
|
| Applications by third parties to make representations and applications to vary or discharge a SCPO made by the High Court
|
| 77.3.
| An application under--
|
| |
| (a) | section 9 of the 2007 Act; or
| | (b) | section 17 or 18 of the 2007 Act to vary or discharge a SCPO made by the High Court,
|
must be made in accordance with Part 23 as modified by the practice direction supplementing this Part.
|
| Application to vary or discharge a SCPO made by the Crown Court
|
| 77.4.
| An application under section 17 or 18 of the 2007 Act to vary or discharge a SCPO made by the Crown Court must be started in accordance with Part 8.
|
| Where to make an application
|
| 77.5.
| Applications under this Part must be made to the Queen's Bench Division of the High Court in one of the courts set out in the Practice Direction supplementing this Part.
|
EXPLANATORY NOTE
(This note is not part of the Rules)
These Rules--
- amend rules 3.7 and 3.7A to-
-
include hearing fees and court fees (where the claim proceeds on a counterclaim alone) in the list of sanctions for non-payment; and
-
replace references to "exemption or remission" of court fees with "full or part remission" of court fees to reflect amendments made to the Civil Proceedings Fees Order 2004 (S.I. 2004/3121);
-
make minor correcting amendments to rules 19.9(1)(b), 19.9A(1), 19.9C(5), 19.9D and 19.9F;
-
make a minor correction to the heading of the section following rule 52.17;
-
correct rule 57.7(4)(b) to refer to "lacked testamentary capacity" instead of "was not of sound mind, memory and understanding";
-
amend rule 54.19 as a result of the amendment to section 31 of the Supreme Court Act 1981Acts by section 141 of the Tribunals, Courts and Enforcement Act 2007 which enables the High Court in judicial review proceedings to substitute its own decision for the decision of the original decision-maker in certain circumstances;
-
omit rules 54.21 to 54.27 as these refer to statutory appeals under section 101 of the Nationality, Immigration and Asylum Act 2002 (c. 41) which has been repealed and therefore these rules are now redundant;
-
amend Part 75 to--
-
provide for witness statements instead of statutory declarations to be filed with the court in enforcement proceedings relating to parking contraventions, where permitted by any enactment;
-
require the authority to insert in the order the date by which the respondent must comply with the order or file a statutory declaration or witness statement (as appropriate); and
-
require the authority to serve the order on the respondent within 15 days of the date on which the request for the order was registered by the court;
-
amend Part 76 to--
-
substitute "relevant law officer" with "Attorney General";
-
clarify that under rule 76.14(1)(a) a notice of appeal must be given within 28 days after receiving notice of the control order, renewal or modification of the control that is the subject of the appeal;
-
clarify that where the Secretary of State has objected under rule 76.25(5)(b) to a proposed communication by the special advocate, under rule 76.29(2)(i) the court must fix a hearing for the Secretary of State and the special advocate to make oral representations unless the court has previously considered an objection under rule 76.25(5)(b) to the same or substantially the same communication; and
-
amend rule 76.33(4) so that the Secretary of State must, when making an application under rule 76.33(3), serve on the special advocate a copy of the application and a copy of the notice served on the Secretary of State under rule 76.33(2);
-
insert a new Part 77 which makes provision for applications for or relating to serious crime prevention orders under the Serious Crime Act 2007; and
-
revoke RSC Order 96. The remaining provisions of RSC Order 96, rule 1 have been incorporated in the practice directionpdp-08supplementing Part 8 and therefore this RSC Order is no longer required.
(1) 1997 c.12. Back [1]
(2) S.I. 1998/3132. There are relevant amendments in S.I. 2000/221, 2000/2092, 2001/1388, 2002/2058,
2003/364, 2003/1242, 2003/1329, 2005/352, 2005/656, 2005/2292, 2005/3515, 2006/3435
and 2007/2204. Back [2]
(3) 2002 c.41. Back [3]
(4) 1981 c.54. Section 31 is amended by section 141 of the Tribunals, Courts and Enforcement
Act 2007 (c. 15). Back [4]
(5) 2007 c.27. Back [5]