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Courts Act 2003
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Changes to legislation:
Courts Act 2003, Section 85 is up to date with all changes known to be in force on or before 26 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 75(6) inserted by 2022 c. 35 Sch. 4 para. 3(2)
- s. 76(2B) inserted by 2010 c. 26 Sch. 3 para. 14 (This amendment not applied to legislation.gov.uk. Sch. 3 Pt. 2 repealed (4.9.2013) without ever being in force by 2013 c. 22, s. 17(4) ; S.I. 2013/2200 art. 2(a))
- s. 81(6) inserted by 2022 c. 35 Sch. 4 para. 3(3)
- s. 85EA(5) words substituted by 2022 c. 32 Sch. 11 para. 29
- Sch. 5 para. 13(1)(ca) inserted by 2013 c. 22 s. 26(3)
Commencement Orders yet to be applied to the Courts Act 2003
Commencement Orders bringing provisions within this Act into force:
- S.I. 2005/547 art. 2 commences (2003 c. 39)
Prospective
85Process for making Civil Procedure RulesE+W
This section has no associated Explanatory Notes
(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—
“3Process 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).”
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