The Civil Procedure (Amendment No.2) Rules 2010

Amendments to the Civil Procedure Rules 1998

11.—(1) RSC Order 115 is amended as follows.

(2) In rule 24—

(a) renumber paragraph “(ba)” as paragraph “(c)”;

(b) renumber paragraph “(c)” as paragraph “(g)”; and

(c) at the end of the paragraph renumbered as “(c)”—

(i) omit “and”; and

(ii) insert—

“(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”.

(3) In rule 25, for “paragraph 9” substitute “paragraph 13”.

(4) In the heading to rule 26, after “restraint order” insert “and domestic freezing order certificate”.

(5) In rule 26—

(a) in paragraph (1), for “under paragraph 5” substitute “and, where relevant, a domestic freezing order certificate under paragraphs 5 and 11B”;

(b) in paragraph (2)(c)—

(i) for “the order” substitute “the restraint order and, where relevant, the domestic freezing order certificate”; and

(ii) for “;” substitute “.”;

(c) after paragraph (2) insert—

“(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).”; and

(d) in paragraph 4, for “Court” substitute “court”.

(6) In rule 27—

(a) in paragraph (2), for “Court” substitute “court”; and

(b) after paragraph (3) insert—

“(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).”.

(7) In the heading to rule 28, for “order” substitute “a restraint order and a domestic freezing order certificate”.

(8) In rule 28—

(a) in paragraph 3(c), after “affected by the” insert “restraint”; and

(b) after paragraph (5) insert—

“(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.”.

(9) In the heading to rule 29, after “Compensation” insert “in relation to a restraint order, domestic freezing order certificate or forfeiture order”.

(10) In the heading to rule 30, after “registration” insert “of a British Islands order”.

(11) In rule 30, for “Scottish order, a Northern Ireland order or an Islands order” substitute “British Islands order under paragraph 13(4) of Schedule 4”.

(12) For the heading to rule 31 substitute “Evidence in support of an application for registration of a British Islands order”.

(13) In rule 31(1), for “any such order as is mentioned in rule 30” substitute “a British Islands order”.

(14) For the heading to rule 32 substitute “Register of all orders registered under the Act”.

(15) In the heading to rule 33, after “Notice of registration” insert “of a British Islands order”.

(16) In rule 33(1), for “an order” substitute “a British Islands order”.

(17) In the heading to rule 34, for “set aside registration” substitute “cancel registration of a British Islands order”.

(18) In rule 34—

(a) for “set aside” substitute “cancel”; and

(b) for “an order” substitute “a British Islands order”.

(19) In the heading to rule 35, for “order ” substitute “a British Islands order”.

(20) In the title to rule 36, after “registration” insert “of a British Islands order”.

(21) In rule 36, for “Scottish, Northern Ireland or Islands order” substitute “British Islands order”.

(22) After rule 36 insert—

“Giving effect to an overseas freezing order – consideration by the court

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.

Giving effect to an overseas freezing order – registration

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.

Notice of registration of an overseas freezing order

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.

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

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.”.