The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1 PART 81 E+W APPLICATIONS AND PROCEEDINGS IN RELATION TO CONTEMPT OF COURT

Textual Amendments

F1 Pt. 81 inserted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 16, Sch. (with rule 20)

SECTION 1 E+W Scope and interpretation

Scope E+W

81.1.— (1) This Part sets out the procedure in respect of—

(a) contempt of court; and

(b) the penal, contempt and disciplinary provisions of the County Courts Act 1984.

(2) So far as applicable, and with the necessary modifications, this Part applies in relation to an order requiring a person—

(a) guilty of contempt of court; or

(b) punishable by virtue of any enactment as if that person had been guilty of contempt of the High Court,

to pay a fine or to give security for good behaviour, as it applies in relation to an order of committal.

(3) Unless otherwise stated, this Part applies to procedure in the Court of Appeal, the High Court and [F2 the County Court] .

Textual Amendments

F2 Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(iii); S.I. 2014/954, art. 2(a)

Saving for other powers E+W

81.2.— (1) This Part is concerned only with procedure and does not itself confer upon the court the power to make an order for—

(a) committal;

(b) sequestration; or

(c) the imposition of a fine in respect of contempt of court.

(2) Nothing in this Part affects the power of the court to make an order requiring a person—

(a) guilty of contempt of court; or

(b) punishable by virtue of any enactment as if that person had been guilty of contempt of the High Court,

to pay a fine or to give security for good behaviour.

(3) Nothing in this Part affects any statutory or inherent power of the court to make a committal order of its own initiative against a person guilty of contempt of court.

Interpretation E+W

81.3.   In this Part—

“applicant” means a person making—

(i)

an application for permission to make a committal application;

(ii)

a committal application; or

(iii)

an application for a writ of sequestration;

“committal application” means any application for an order committing a person to prison;

“respondent” means a person—

(i)

against whom a committal application is made or is intended to be made; or

(ii)

against whose property it is sought to issue a writ of sequestration; and

“undertaking” means an undertaking to the court.]