The Civil Procedure Rules 1998

[F1 III: TERRORISM ACT 2000] E+W

Textual Amendments

F1 Sch. 1 RSC Order 115 Section 3 heading substituted (31.5.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(c), 16(a)

Interpretation E+W

Rule 24  In this Part of this Order—

(a) “the Act” means [F2 Terrorism Act 2000];

(b) “Schedule 4” means Schedule 4 to the Act; F3 ...

[F4 [F5 (c)] “the prosecutor” means the person with conduct of proceedings which have been instituted in England and Wales for an offence under any of sections 15 to 18 of the Act, or the person who the High Court is satisfied will have the conduct of [F6 any proceedings] for such an offence;] F7 ...

[F8 (d) “domestic freezing order certificate” means a certificate made by the High Court under paragraph 11B of Schedule 4 in relation to property in a country other than the United Kingdom;

(e) “overseas freezing order” means an order made in accordance with paragraph 11D of Schedule 4 in relation to property in the United Kingdom;

(f) “British Islands order” means a Scottish order, a Northern Ireland order or an Islands order as defined in paragraph 12 of Schedule 4; and]

[F9 (g)] [F10 other] expressions used have the same meanings as they have in [F11 Schedule 4 to] the Act.

Textual Amendments

F2 Words in Sch. 1 RSC Order 115 rule 24(a) substituted (31.5.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(c), 16(b)(i)

F3 Word in Sch. 1 RSC Order 115 rule 24(b) omitted (31.5.2001) by virtue of The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(c), 16(b)(ii)

F4 Sch. 1 RSC Order 115 rule 24(ba) inserted (31.5.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(c), 16(b)(iii)

F5 Sch. 1 RSC Order 115 rule 24(ba) renumbered as Sch. 1 RSC Order 115 rule 24(c) (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(2)(a)

F6 Words in Sch. 1 RSC Order 115 rule 24(ba) substituted (20.12.2001) by The Civil Procedure (Amendment No. 6) Rules 2001 (S.I. 2001/4016), rules 1, 2(a)

F7 Word in Sch. 1 RSC Order 115 rule 24(c) omitted (1.10.2010) by virtue of The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(2)(c)(i)

F8 Sch. 1 RSC Order 115 rule 24(d)-(f) inserted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(2)(c)(ii)

F9 Sch. 1 RSC Order 115 rule 24(c) renumbered as Sch. 1 RSC Order 115 rule 24(g) (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(2)(b)

F10 Word in Sch. 1 RSC Order 115 rule 24(c) inserted (31.5.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(c), 16(b)(iv)

F11 Words in Sch. 1 RSC Order 115 rule 24(c) substituted (31.5.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(c), 16(b)(v)

Assignment of proceedings E+W

Rule 25—(1) Subject to paragraph (2), the jurisdiction of the High Court under the Act shall be exercised by a judge of the Queen’s Bench Division or of the Chancery Division F12 ...

(2) The jurisdiction conferred on the High Court by [F13 paragraph 13] of Schedule 4 may also be exercised by a master of the Queen’s Bench Division.

Textual Amendments

F12 Words in Sch. 1 RSC Order 115 rule 25(1) omitted (26.4.1999) by virtue of The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 62(j)

F13 Words in Sch. 1 RSC Order 115 rule 25 substituted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(3)

Application for restraint order [F14 and domestic freezing order certificate] E+W

Rule 26—(1) An application for a restraint order [F15 and, where relevant, a domestic freezing order certificate under paragraphs 5 and 11B] of Schedule 4 may be made by the prosecutor by a claim form, which need not be served on any person.

(2) An application under paragraph (1) shall be supported by a witness statement or affidavit, which shall:—

[F16 (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;]

(b) [F17 where proceedings have been instituted,] state, as the case may be, that a forfeiture order has been made in the proceedings or the grounds for believing that such an order may be made;

[F18 (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;]

(c) to the best of the witness’s ability, give full particulars of the property in respect of which [F19 the restraint order and, where relevant, the domestic freezing order certificate] is sought and specify the person or persons holding such property and any other persons having an interest in it[F20 .]

F21 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F22 (2A) An applicant who seeks a domestic freezing order certificate must—

(a) prepare a draft of the certificate in accordance with paragraph 11B of Schedule 4; and

(b) attach it to the application for the restraint order under paragraph (1).]

(3) A claim form under paragraph (1) shall be entitled in the matter of the defendant, naming him, and in the matter of the Act, and all subsequent documents in the matter shall be so entitled.

(4) Unless the [F23 court] otherwise directs, a witness statement or affidavit under paragraph (2) may contain statements of information or belief with the sources and grounds thereof.

Textual Amendments

F14 Words in Sch. 1 RSC Order 115 rule 26 heading inserted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(4)

F15 Words in Sch. 1 RSC Order 115 rule 26(1) substituted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(5)(a)

F16 Sch. 1 RSC Order 115 rule 26(2)(a) substituted (20.12.2001) by The Civil Procedure (Amendment No. 6) Rules 2001 (S.I. 2001/4016), rules 1, 2(b)(i)

F17 Words in Sch. 1 RSC Order 115 rule 26(2)(b) inserted (20.12.2001) by The Civil Procedure (Amendment No. 6) Rules 2001 (S.I. 2001/4016), rules 1, 2(b)(ii)

F18 Sch. 1 RSC Order 115 rule 26(2)(ba) inserted (20.12.2001) by The Civil Procedure (Amendment No. 6) Rules 2001 (S.I. 2001/4016), rules 1, 2(b)(iii)

F19 Words in Sch. 1 RSC Order 115 rule 26(2)(c) substituted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(5)(b)(i)

F20 Sch. 1 RSC Order 115 rule 26(2)(c): semicolon substituted for full stop (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(5)(b)(ii)

F21 Sch. 1 RSC Order 115 rule 26(2)(d)(e) omitted (20.12.2001) by virtue of The Civil Procedure (Amendment No. 6) Rules 2001 (S.I. 2001/4016), rules 1, 2(b)(iv)

F22 Sch. 1 RSC Order 115 rule 26(2A) inserted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(5)(c)

F23 Word in Sch. 1 RSC Order 115 rule 26(4) substituted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(5)(d)

Restraint order E+W

Rule 27—(1) A restraint order may be made subject to conditions and exceptions, including but not limited to conditions relating to the indemnifying of third parties against expenses incurred in complying with the order, and exceptions relating to living expenses and legal expenses of the defendant, but the prosecutor shall not be required to give an undertaking to abide by any order as to damages sustained by the defendant as a result of the restraint order.

(2) Unless the [F24 court] otherwise directs, a restraint order made without notice of [F25 the application for] it being served on any person shall have effect until a day which shall be fixed for the hearing where all parties may attend on the application.

(3) Where a restraint order is made the prosecutor shall serve copies of the order and [F26 , unless the court otherwise orders,] of the witness statement or affidavit in support on the defendant and on all other persons affected by the order.

[F27 (4) Where a domestic freezing order certificate is made it must be served with the copies of the restraint order as provided for in paragraph (3).]

Textual Amendments

F24 Word in Sch. 1 RSC Order 115 rule 27(2) substituted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(6)(a)

F25 Words in Sch. 1 RSC Order 115 rule 27(2) inserted (31.5.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(c), 16(e)

F26 Words in Sch. 1 RSC Order 115 rule 27(3) inserted (20.12.2001) by The Civil Procedure (Amendment No. 6) Rules 2001 (S.I. 2001/4016), rules 1, 2(c)

F27 Sch. 1 RSC Order 115 rule 27(4) inserted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(6)(b)

Discharge or variation of [F28 a restraint order and a domestic freezing order certificate] E+W

Rule 28—(1) Subject to paragraph (2), an application to discharge or vary a restraint order shall be made in accordance with CPR Part 23.

(2) Where the case is one of urgency, an application under this rule by the prosecutor may be made without notice.

(3) The application and any witness statement or affidavit in support shall be lodged with the court and, where the application is made in accordance with CPR Part 23 the application notice shall be served on the following persons (other than the applicant)—

(a) the prosecutor;

(b) the defendant; and

(c) all other persons restrained or otherwise affected by the [F29 restraint] order;

not less than two clear days before the date fixed for the hearing of the application.

(4) Where a restraint order has been made and has not been discharged, the prosecutor shall notify the court when proceedings for the offence have been concluded, and the court shall thereupon discharge the restraint order.

(5) Where an order is made discharging or varying a restraint order, the applicant shall serve copies of the order of discharge or variation on all persons restrained by the earlier order and shall notify all other persons affected of the terms of the order of discharge or variation.

[F30 (6) A reference in this rule to a restraint order also applies, where relevant, to a domestic freezing order certificate.

(7) Where an order is made under paragraph (5) which discharges or varies a domestic freezing order certificate the applicant must notify the court or authority in accordance with paragraph 11C of Schedule 4.]

Textual Amendments

F28 Words in Sch. 1 RSC Order 115 rule 28 heading substituted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(7)

F29 Word in Sch. 1 RSC Order 115 rule 28(3)(c) inserted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(8)(a)

F30 Sch. 1 RSC Order 115 rule 28(6), (7) inserted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(8)(b)

Compensation [F31 in relation to a restraint order, domestic freezing order certificate or forfeiture order] E+W

Rule 29  An application for an order under [F32 paragraph 9 or 10 of Schedule 4] shall be made in accordance with CPR Part 23, and the application notice, shall be served, with any supporting evidence, on the person alleged to be in default and on [F33 the person or body by whom compensation, if ordered, will be payable under paragraph 9(6) or 10(4)] not less than 7 days before the date fixed for the hearing of the application.

Textual Amendments

F31 Words in Sch. 1 RSC Order 115 rule 29 heading inserted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(9)

F32 Words in Sch. 1 RSC Order 115 rule 29 substituted (31.5.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(c), 16(f)(i)

F33 Words in Sch. 1 RSC Order 115 rule 29 substituted (31.5.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(c), 16(f)(ii)

Application for registration [F34 of a British Islands order] E+W

Rule 30  An application for registration of a [F35 British Islands order under paragraph 13(4) of Schedule 4] must be made in accordance with CPR Part 23 and may be made without notice.

Textual Amendments

F34 Words in Sch. 1 RSC Order 115 rule 30 heading inserted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(10)

F35 Words in Sch. 1 RSC Order 115 rule 30 substituted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(11)

[F36 Evidence in support of an application for registration of a British Islands order] E+W

Rule 31—(1) An application for registration of [F37 a British Islands order] must be supported by a witness statement or affidavit—

(a) exhibiting the order or a certified copy thereof, and

(b) which shall, to the best of the witness’s ability, give particulars of such property in respect of which the order was made as is in England and Wales, and specify the person or persons holding such property.

(2) Unless the Court otherwise directs, a witness statement or affidavit for the purposes of this rule may contain statements of information or belief with the sources and grounds thereof.

Textual Amendments

F36 Words in Sch. 1 RSC Order 115 rule 31 heading substituted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(12)

F37 Words in Sch. 1 RSC Order 115 rule 31(1) substituted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(13)

[F38 Register of all orders registered under the Act] E+W

Rule 32—(1) There [F39 will] be kept in the Central Office [F40 at the Royal Courts of Justice in London] under the direction of the Master of the [F41 Administrative Court] a register of the orders registered under the Act.

(2) There shall be included in such register particulars of any variation or setting aside of a registration, and of any execution issued on a registered order.

Textual Amendments

F38 Words in Sch. 1 RSC Order 115 rule 32 heading substituted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(14)

F39 Word in Sch. 1 RSC Order 115 rule 32(1) substituted (6.4.2009) by The Civil Procedure (Amendment No.3) Rules 2008 (S.I. 2008/3327), rules 1, 14(b)(i)

F40 Words in Sch. 1 RSC Order 115 rule 32(1) inserted (6.4.2009) by The Civil Procedure (Amendment No.3) Rules 2008 (S.I. 2008/3327), rules 1, 14(b)(ii)

F41 Words in Sch. 1 RSC Order 115 rule 32(1) substituted (31.5.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(c), 16(g)

Notice of registration [F42 of a British Islands order] E+W

Rule 33—(1) Notice of the registration of [F43 a British Islands order] must be served on the person or persons holding the property referred to in rule 31(1)(b) and any other persons appearing to have an interest in that property.

[F44 (2) Permission is not required to serve such a notice out of the jurisdication and CPR rules [F45 6.40, 6.42 and 6.46] apply in relation to such notice as they apply in relation to a claim form.]

Textual Amendments

F42 Words in Sch. 1 RSC Order 115 rule 33 heading inserted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(15)

F43 Words in Sch. 1 RSC Order 115 rule 33(1) substituted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(16)

F44 Sch. 1 RSC Order 115 rule 33(2) substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 31

F45 Words in Sch. 1 RSC Order 115 rule 33(2) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 39(b)

Application to vary or [F46 cancel registration of a British Islands order] E+W

Rule 34  An application to vary or [F47 cancel] the registration of [F48 a British Islands order] must be made to a judge in accordance with CPR Part 23 and be supported by a witness statement or affidavit.

This rule does not apply to a variation or cancellation under rule 36.

Textual Amendments

F46 Words in Sch. 1 RSC Order 115 rule 34 heading substituted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(17)

F47 Word in Sch. 1 RSC Order 115 rule 34 substituted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(18)(a)

F48 Words in Sch. 1 RSC Order 115 rule 34 substituted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(18)(b)

Enforcement of [F49 a British Islands order] E+W

Rule 35—(2) If an application is made under rule 34, an order shall not be enforced until after such application is determined.

(3) This rule does not apply to the taking of steps under [F50 paragraph 7 or 8] of Schedule 4, as applied by [F51 paragraph 13(6)] of that Schedule.

Textual Amendments

F49 Words in Sch. 1 RSC Order 115 rule 35 heading substituted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(19)

F50 Words in Sch. 1 RSC Order 115 rule 35(3) substituted (31.5.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(c), 16(h)(i)

F51 Words in Sch. 1 RSC Order 115 rule 35(3) substituted (31.5.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(c), 16(h)(ii)

Variation and cancellation of registration [F52 of a British Islands order] E+W

Rule 36  If effect has been given (whether in England or Wales or elsewhere) to a [F53 British Islands order], or if the order has been varied or discharged by the court by which it was made, the applicant for registration shall inform the court and—

(a) if such effect has been given in respect of all the money or other property to which the order applies, or if the order has been discharged by the court by which it was made, registration of the order shall be cancelled;

(b) if such effect has been given in respect of only part of the money or other property, or if the order has been varied by the court by which it was made, registration of the order shall be varied accordingly.

Textual Amendments

F52 Words in Sch. 1 RSC Order 115 rule 36 title inserted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(20)

F53 Words in Sch. 1 RSC Order 115 rule 36 substituted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(21)

[F54 Giving effect to an overseas freezing order – consideration by the court E+W

36A.— (1) Save in exceptional circumstances the court will consider an overseas freezing order the next business day after receipt of a copy of that order from the Secretary of State.

(2) In any event the court will consider the order within 5 business days of receipt of it.

(3) The court will not make an order giving effect to an overseas freezing order unless it is satisfied that the Director of Public Prosecutions has had the opportunity to make representations to the court in writing or at a hearing.

(4) ‘Business day’ has the same meaning as in CPR rule 6.2.

Textual Amendments

F54 Sch. 1 RSC Order 115 rules 36A-36D inserted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(22)

Giving effect to an overseas freezing order – registration E+W

36B.   Where the court makes an order to give effect to an overseas freezing order the court will register that order in accordance with rule 32.

Textual Amendments

F54 Sch. 1 RSC Order 115 rules 36A-36D inserted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(22)

Notice of registration of an overseas freezing order E+W

36C.   Where the court gives effect to an overseas freezing order it will order the Director of Public Prosecutions to serve notice of registration of the order on any persons affected by it.

Textual Amendments

F54 Sch. 1 RSC Order 115 rules 36A-36D inserted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(22)

Application to cancel the registration of, or vary, an overseas freezing order E+W

36D.   An application under paragraph 11G(4) of Schedule 4 by the Director of Public Prosecutions or any person affected by an overseas freezing order must be made to the court in accordance with CPR Part 23.]

Textual Amendments

F54 Sch. 1 RSC Order 115 rules 36A-36D inserted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 11(22)