Application of the CPRE+W
33.25.—(1) Part 73 of the CPR applies to proceedings under this Part with the following modifications.
(2) In rule 73.1, paragraph (2), sub-paragraphs (b) and (c) are omitted.
(3) For rule 73.2, there is substituted “ This Section applies to an application by a judgment creditor for a charging order under section 1 of the 1979 Act M1. ”.
[F1(4) In rule 73.3, in paragraph (2)—
(a)for the words from “court” to “enforce” there is substituted “court which made the judgment or order which it is sought to enforce, or made to the Designated Family Judge area within which that judgment or order was made”;
(b)in sub-paragraph (a), for the words from “different court” to the end there is substituted “different court or Designated Family Judge area, in which case the application must be issued in that court or made to that area”;
(c)sub-paragraphs (b) and (c) are omitted;
(d)in sub-paragraph (d), for “County Court” there is substituted “family court”; and
(e)sub-paragraph (e) is omitted.]
(5) In rule 73.4—
(a)in paragraph (1), for “a judge” there is substituted “ the court, ”; and
(b)in paragraph (2), for “judge” there is substituted “ court ”.
(6) In rule 73.9,in the parenthesis after paragraph (1)—
(a)“and regulation 51.4 of the 1992 Regulations” is omitted;
(b)for “provides” there is substituted “ provide ”, and
(c)“, or (where the 1992 Regulations apply) of the authority,” is omitted.
(7) In rule 73.10—
(a)in paragraph (1), for “a claim” there is substituted “ an application ”;
(b)in paragraph (2) and the parenthesis following it, for “A claim” each time it appears there is substituted “ An application ”;
(c)in paragraph (3), for “claimant” there is substituted “ applicant ”;
(d)in paragraph (4), for “claim form” there is substituted “ application ”; and
(e)in paragraph (5), for “claimant's” there is substituted “applicant's”.
(8) In rule 73.11, “funds in court or” is omitted.
(9) In rule 73.12—
(a)paragraph (1)(a) is omitted;
(b)in paragraph (1)(b) “other than securities held in court” is omitted;
(c)in paragraph (2), in sub-paragraph (b), for “claim form” there is substituted “ application notice ”; and
(d)in paragraph (3)—
(i)“or claim form” is omitted; and
(ii)for sub-paragraph (b) there is substituted “ the person specified in rule 73.5(1)(d) ”.
(10) Rule 73.13 is omitted.
(11) In rule 73.14, in paragraph (1), “other than securities held in court” is omitted.
(12) In rule 73.16—
(a)in paragraph (a) for “; and” there is substituted “ . ”; and
(b)paragraph (b) is omitted.
Textual Amendments
F1Rule 33.25(4) substituted (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 43 (with rule 45)
Marginal Citations
M11979 c. 53. Section 1 was amended by sections 34 and 37 of and paragraphs 2, 3 and 6 of Schedule 3 to the Administration of Justice Act 1982 (c.53) and section 148(1) of and paragraph 71 of Schedule 2 to the County Courts Act 1984. Subsections (6) to (8) of that section were inserted by section 93(1) and (2) of the Tribunals, Courts and Enforcement Act 2007 (c.15).