The Civil Procedure (Amendment No.2) Rules 2007

Amendments to the Civil Procedure Rules 1998

9.  In Part 75—

(a) in rule 75.1—

(i) in paragraph (1), after “practice direction” insert “supplementing this Part”;

(ii) after paragraph (1)(b), insert—

“(Rule 21.1(1)(c) provides that Part 21 (children and protected parties) does not apply to proceedings under this Part where one of the parties is a child.)”;

(iii) in paragraph (2)(b)(i), for “he” substitute “the bailiff”;

(iv) at the end of paragraph (2)(b)(iii), for “.” substitute “;”;

(v) in paragraph (2)(d)(i), after “statutory declaration” insert “or witness statement”; and

(vi) in paragraph (2)(f), after “practice direction” insert “supplementing this Part”;

(b) in rule 75.2(2)(a), for “shall be” substitute “is”;

(c) in rule 75.3—

(i) in paragraph (2)(c)(v), after “practice direction” insert “supplementing this Part”;

(ii) in paragraph (3), for “sealing” substitute “registering”;

(iii) for paragraph (4) substitute—

“(4) On receipt of a registered request the authority may draw up the order and must—

(a) insert in the order the date by which the respondent must either—

(i) comply with the order; or

(ii) file a statutory declaration or witness statement; and

(b) attach to the order a form of statutory declaration or witness statement for the respondent’s use.”;

(iv) for paragraph (5) substitute—

“(5) The authority must serve in accordance with Part 6 the order (and the form of statutory declaration or witness statement) on the respondent within 15 days of the date on which the request is registered by the court.”; and

(v) revoke paragraph (6);

(d) in rule 75.5(1), after “practice direction” insert “supplementing this Part”;

(e) in rule 75.6(b), for “rules 1 and 9” substitute “rule 1”;

(f) in rule 75.8—

(i) after “the filing of a statutory declaration” insert “or a witness statement”; and

(ii) in paragraph (a), after “statutory declaration” insert “or witness statement”;

(g) in rule 75.9, for “If an” substitute “Where the”;

(h) in rule 75.10(i) for “reasons” substitute “reason why”; and

(i) in rule 75.11—

(i) for “If” substitute “Where”;

(ii) for “an” substitute “the”; and

(iii) for “defendant” substitute “respondent”.