Search Legislation

The Civil Procedure (Amendment) Rules 2020

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about opening options

Opening Options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Amendment of Part 73

This section has no associated Explanatory Memorandum

9.—(1) In the table of contents of Part 73, after the entry for rule 73.10, insert—

Reconsideration of a decision made by a legal adviserRule 73.10ZA.

(2) In rule 73.1(2)—

(a)after sub-paragraph (c) insert—

(ca)final charging order” means an order confirming that a charge imposed by an interim charging order continues;; and

(b)after sub-paragraph (e) insert—

(ea)legal adviser” means a court officer assigned to the county court who is—

(i)a barrister;

(ii)a solicitor; or

(iii)a Fellow of the Chartered Institute of Legal Executives,

who may exercise the jurisdiction of the county court with regard to matters set out in this Part to the extent specified in this Part, with the consent of the Designated Civil Judge for Greater Manchester, or their nominee;.

(3) In rule 73.10—

(a)in paragraph (6), after “a judge” insert “or a legal adviser”;

(b)after paragraph (6) insert—

(6A) When considering the application under paragraph (6), a legal adviser may only—

(a)make a final charging order, if it provides that the charge imposed by the interim charging order is to continue without modification (except for the amount secured);

(b)discharge the interim charging order and dismiss the application, if the applicant has requested it; or

(c)refer the matter to a judge.

(6B) Decisions of a legal adviser are to be made without a hearing.; and

(c)in paragraph (7), for “court” substitute “judge”.

(4) After rule 73.10 insert—

Reconsideration of a decision made by a legal adviser

73.10ZA.(1) Any interested person may request any decision of a legal adviser to be reconsidered by a District Judge.

(2) A request must be filed within 14 days after the interested person is served with a notice of the decision, or becomes aware of the decision.

(3) The request may include a summary of the issue and an explanation of why the reconsideration is sought.

(4) Reconsideration may take place without a hearing.

(5) When reconsidering the decision of the legal adviser, the District Judge may exercise any of the powers listed in rule 73.10(7)..

(5) In rule 73.10B(1), after “rule” insert “73.10(6A) or”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources