- Latest available (Revised)
- Point in Time (02/10/2006)
- Original (As made)
Version Superseded: 01/10/2007
Point in time view as at 02/10/2006. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the The Civil Procedure Rules 1998, Section 70.5.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
70.5—(1) This rule applies, subject to paragraph (2), if—
(a)an award of a sum of money [F2or other decision] is made by any court, tribunal, body or person other than the High Court or a county court; and
(b)an enactment provides that the award may be enforced as if payable under a court order [F3, or that the decision may be enforced as if it were a court order].
[F4(2) This rule does not apply to—
(a)any judgment to which Part 74 applies; F5...
(b)arbitration awards [F6; or
(c)any order to which RSC Order 115 applies]
(Part 74 provides for the registration in the High Court for the purposes of enforcement of judgments from other jurisdictions and European Community judgments.)]
[F7(RSC Order 115 provides for the registration in the High Court for the purposes of enforcement of certain orders made in connection with criminal proceedings and investigations)]
(3) If the enactment provides that [F8an award of a sum of money] is enforceable if a court so orders, an application for such an order must be made in accordance with paragraphs (4) to (7) of this rule.
(4) An application for an order that an award may be enforced as if payable under a court order—
(a)may be made without notice; and
(b)must be made to the court for the district where the person against whom the award was made resides or carries on business, unless the court otherwise orders.
(5) The application notice must—
(a)be in the form; and
(b)contain the information
required by the relevant practice direction.
(6) A copy of the award must be filed with the application notice.
(7) The application may be dealt with by a court officer without a hearing.
[F9(8) If an enactment provides that an award or decision may be enforced in the same manner as an order of the High Court if it is registered, any application to the High Court for registration must be made in accordance with the relevant practice direction.]]
Textual Amendments
F1Pt. 70 inserted (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rule 1(c), Sch. 1 (with savings in rule 24 and S.I. 2001/4015, rule 43(2))
F2Words in rule 70.5(1)(a) inserted (6.10.2003) by The Civil Procedure (Amendment No. 4) Rules 2003 (S.I. 2003/2113), rules 1(c), 16(a)(i)
F3Words in rule 70.5(1)(b) inserted (6.10.2003) by The Civil Procedure (Amendment No. 4) Rules 2003 (S.I. 2003/2113), rules 1(c), 16(a)(ii)
F4Rule 70.5(2) substituted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 28
F5Word in rule 70.5(2)(a) omitted (6.10.2003) by virtue of The Civil Procedure (Amendment No. 4) Rules 2003 (S.I. 2003/2113), rules 1(c), 16(b)(i)
F6Rule 70.5(2)(c) and word inserted (6.10.2003) by The Civil Procedure (Amendment No. 4) Rules 2003 (S.I. 2003/2113), rules 1(c), 16(b)(ii)
F7Words in rule 70.5(2) inserted (6.10.2003) by The Civil Procedure (Amendment No. 4) Rules 2003 (S.I. 2003/2113), rules 1(c), 16(c)
F8Words in rule 70.5(3) substituted (6.10.2003) by The Civil Procedure (Amendment No. 4) Rules 2003 (S.I. 2003/2113), rules 1(c), 16(d)
F9Rule 70.5(8) substituted (6.10.2003) by The Civil Procedure (Amendment No. 4) Rules 2003 (S.I. 2003/2113), rules 1(c), 16(e)
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.