The Civil Procedure Rules 1998

Application and interpretation E+W

Rule 1—(1) This Order applies for the recovery of—

(a) increased penalty charges provided for in parking charge certificates issued under paragraph 6 of Schedule 6 to the 1991 Act; F1 ...

(b) amounts payable by a person other than an authority under an adjudication of a parking adjudicator pursuant to section 73 of the 1991 Act [F2 ; and

(c) increased penalty charges provided for in a charge certificate issued under paragraph 8 of Schedule 1 to the 1996 Act(1) (relating to a contravention or failure to comply with an order made under a provision referred to in section 4(2) of that Act reserving all or part of a carriageway of a road as a bus lane).]

(2) In this Order, unless the context otherwise requires—

“authority” means the local authority which served the charge certificate;

[F3 “order” means, as the case may be, an order made under—

(a)

paragraph 7 of Schedule 6 to the 1991 Act;

(b)

paragraph 9 of Schedule 1 to the 1996 Act; or

(c)

section 73 of the 1991 Act.]

“the Order” means the Enforcement of Road Traffic Debts Order 1993(1) made under section 78 of the 1991 Act as it applies to a local authority;

[F4 “relevant period” means, as the case may be—

(a)

the period of 21 days allowed for serving a statutory declaration by—

(i)

paragraph 8(1) of Schedule 6 to the 1991 Act; or

(ii)

paragraph 10(1)(c) of Schedule 1 to the 1996 Act; or

(b)

where a longer period has been allowed pursuant to—

(i)

paragraph 8(4) of Schedule 6 to the 1991 Act; or

(ii)

paragraph 10(4) of Schedule 1 to the 1996 Act,

that period.]

“respondent” means the person on whom the charge certificate was served or, as the case may be, the person (other than an authority) by whom the amount due under an adjudication of a parking adjudicator is payable;

“specified debts” means the F5 ... debts specified in article 2 of the Order;

“statutory declaration” means a declaration in the appropriate form which complies with paragraph 8 (2) of Schedule 6 to the 1991 Act [F6 or paragraph 10(2) of Schedule 1 to the 1996 Act, as the case may be]; F7 ...

“the 1991 Act” means the Road Traffic Act 1991 [F8 and;

“the 1996 Act” means the London Local Authorities Act 1996.]

(3) Unless the context otherwise requires, expressions which are used in the 1991 Act have the same meaning in this Order as they have in that Act.

(4) The references in paragraph (2) to a local authority mean—

(a) in England, a London authority [F9 (within the meaning of section 82(1) of the Road Traffic Act 1991)], a county or district council or the Council of the Isles of Scilly; and

(b) in Wales, a county or county borough council.

Textual Amendments

F1 Word in Sch. 2 CCR Order 48B rule 1(1)(a) omitted (1.6.2001) by virtue of The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(a), 17(c)(i)

F2 Sch. 2 CCR Order 48B rule 1(c) and word inserted (1.6.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(a), 17(c)(ii)

F3 Words in Sch. 2 CCR Order 48B rule 1(2) substituted (1.6.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(a), 17(d)(i)

F4 Words in Sch. 2 CCR Order 48B rule 1(2) substituted (1.6.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(a), 17(d)(ii)

F5 Words in Sch. 2 CCR Order 48B rule 1(2) omitted (1.6.2001) by virtue of The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(a), 17(d)(iii)

F6 Words in Sch. 2 CCR Order 48B rule 1(2) inserted (1.6.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(a), 17(d)(iv)

F7 Word in Sch. 2 CCR Order 48B rule 1(2) omitted (1.6.2001) by virtue of The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(a), 17(d)(v)

F8 Words in Sch. 2 CCR Order 48B rule 1(2) inserted (1.6.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(a), 17(d)(vi)

F9 Words in Sch. 2 CCR Order 48B rule 1(4)(a) inserted (1.6.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(a), 17(e)

(1)

S.I. 1993/2073.