Courts Act 2003

85 Process for making Civil Procedure Rules

(1) Omit section 2(6) to (8) of the 1997 Act (process for making Civil Procedure Rules).

(2) For section 3 of the 1997 Act (section 2: supplementary) substitute—

“3 Process for making Civil Procedure Rules

(1) The Civil Procedure Rule Committee must, before making Civil Procedure Rules—

(a) consult such persons as they consider appropriate, and

(b) meet (unless it is inexpedient to do so).

(2) Rules made by the Civil Procedure Rule Committee must be—

(a) signed by a majority of the members of the Committee, and

(b) submitted to the Lord Chancellor.

(3) The Lord Chancellor may allow, disallow or alter rules so made.

(4) Before altering rules so made the Lord Chancellor must consult the Committee.

(5) Rules so made, as allowed or altered by the Lord Chancellor—

(a) come into force on such day as the Lord Chancellor directs, and

(b) are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 applies as if the instrument contained rules made by a Minister of the Crown.

(6) Subject to subsection (7), a statutory instrument containing Civil Procedure Rules is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) A statutory instrument containing rules altered by the Lord Chancellor is of no effect unless approved by a resolution of each House of Parliament before the day referred to in subsection (5)(a).”