The Civil Procedure (Amendment No. 2) Rules 2022

Amendment of Part 65

29.—(1) In the Table of Contents—

(a) for the heading to Section III substitute—

“III DEMOTION CLAIMS, PROHIBITED CONDUCT STANDARD CONTRACT ORDER CLAIMS (IN WALES), RELATED PROCEEDINGS AND APPLICATIONS (IN ENGLAND) TO SUSPEND THE RIGHT TO BUY”;

(b) in the entry for rule 65.12, after “Demotion claims” insert “, prohibited conduct standard contract order claims or suspension claims”;

(c) in the entry for rule 65.13, after “claims” insert “, prohibited conduct standard contract order claims or suspension claims”;

(d) in the entry for rule 65.14, after “claim” insert “, prohibited conduct standard contract order claim or suspension claim”; and

(e) in the entry for rule 65.20, after “tenancies” insert “and prohibited conduct standard contract order claims”.

(2) For rule 65.1(c) substitute—

“(c) in Section III, about claims for demotion orders under the Housing Acts 1985(1) and 1988(2), and for prohibited conduct standard contract orders under the Renting Homes (Wales) Act 2016(3), and related proceedings;”.

(3) For the heading of Section III substitute—

“III DEMOTION CLAIMS, PROHIBITED CONDUCT STANDARD CONTRACT ORDER CLAIMS (IN WALES), RELATED PROCEEDINGS AND APPLICATIONS (IN ENGLAND) TO SUSPEND THE RIGHT TO BUY”.

(4) In rule 65.11—

(a) in paragraph (1)—

(i) at the end of subparagraph (aa) omit “and”;

(ii) at the end of subparagraph (b) for the full stop substitute “; and”; and

(iii) after subparagraph (b) insert—

“(c) claims by a landlord for an order under section 116(4) of the Renting Homes (Wales) Act 2016.”; and

(b) in paragraph (2)—

(i) before subparagraph (a) insert—

“(za) “the 2016 Act” means the Renting Homes (Wales) Act 2016;”;

(ii) after subparagraph (b) insert—

“(ba) “a dwelling” means a dwelling let under an occupation contract;

(bb) “a prohibited conduct standard contract” has the meaning provided by section 116(6)(5) of the 2016 Act;

(bc) “a prohibited conduct standard contract order” is an order imposed under section 116(6) of the 2016 Act;

(bd) “a prohibited conduct standard contract order claim” means a claim for a prohibited conduct standard contract order;

(be) “a Renting Homes possession claim” means a claim for the recovery of possession of a dwelling under the 2016 Act;”.

(5) In the heading to rule 65.12, after “Demotion claims” insert “, prohibited conduct standard contract order claims”.

(6) Renumber rule 65.12 as rule 65.12(1).

(7) After rule 65.12(1) insert—

“(2) Where a prohibited conduct standard contract order is claimed in the alternative to a possession order, the claimant must use the Part 55 procedure and Section IV of Part 55 applies.”.

(8) In the heading to rule 65.13, after “demotion,” insert “claims, prohibited conduct standard contract order claims”;

(9) In rule 65.13—

(a) after “(or both)” insert “, or a prohibited conduct standard contract order claim”; and

(b) after “possession claim” insert “or a Renting Homes possession claim”.

(10) In the heading to rule 65.14 after “demotion”, insert “claim, prohibited conduct standard contract order claim”.

(11) In rule 65.14(1)(c), after “property” insert “or dwelling”.

(12) In the words in parentheses following rule 65.14(1), after “property” insert “or dwelling”.

(13) In the heading to rule 65.20, after “tenancies” insert “and prohibited conduct standard contract order claims”.

(14) In rule 65.20, after “tenancies” insert “or to prohibited conduct standard contracts”.

(1)

1985 c.68.

(2)

1988 c.50.

(3)

2016 anaw 1. For commencement generally see footnote (a) to rule 24(2) of this instrument.

(4)

2016 anaw 1. For commencement generally see footnote (a) to rule 24(2) of this instrument. Section 116(4) and (5) was brought into force for certain purposes by S.I. 2016/813 article 2, Schedule Part 2 paragraph 21 and Part 1 paragraph 18 respectively.

(5)

2016 anaw 1. For commencement generally see footnote (a) to rule 24(2) of this instrument.

(6)

2016 anaw 1. For commencement generally see footnote (a) to rule 24(2) of this instrument. Section 116(4) and (5) was brought into force for certain purposes by S.I. 2016/813 article 2, Schedule Part 2 paragraph 21 and Part 1 paragraph 18 respectively.