SCHEDULE 1

RSC ORDER 93APPLICATIONS AND APPEALS TO HIGH COURT UNDER VARIOUS ACTS: CHANCERY DIVISION

Notice of petition under section 55 of National Debt Act 1870172

Rule1

Where a petition is presented under section 55 of the National Debt Act, 1870, the petitioner must, before the petition is heard, apply to a judge of the Chancery Division F1... for directions with respect to giving notice of the claim to which the petition relates, and the judge may direct that notice thereof be given by advertisement or in such other manner as he may direct or may dispense with the giving of such notice.

Application under Public Trustee Act 1906173

Rule 2

Without prejudice to sections 10 (2) and 13 (7) of the Public Trustee Act, 1906, the jurisdiction of the High Court under that Act shall be exercised by a judge of the Chancery Division sitting in private.

Proceedings under Trustee Act 1925174

Rule 4

All proceedings brought in the High Court under the Trustee Act, 1925, shall be assigned to the Chancery Division.

Application under section 2(3) of Public Order Act 1936175

Rule 5

(1)

Proceedings by which an application is made to the High Court under section 2 (3) of the Public Order Act 1936, shall be assigned to the Chancery Division.

(2)

Such an application shall be made by claim form and the persons to be made defendants to the claim shall be such persons as the Attorney-General may determine.

(3)

In the absence of other sufficient representation the Court may appoint the official solicitor to represent any interests which in the opinion of the Court ought to be represented on any inquiry directed by the Court under the said section 2 (3).

Application under Variation of Trusts Act 1958176

F2Rule 6

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Right of appeal under Law of Property Act

Rule 9

An appeal shall lie to the High Court against a decision of the Minister of Agriculture, Fisheries and Food under paragraph 16 of Schedule 15 to the Law of Property Act 1922177.

Determination of appeal or case stated under various Acts

Rule 10

(1)

An appeal to the High Court against an order of a county court made under the Land Registration Act 1925178, shall be heard and determined by a Divisional Court of the Chancery Division.

F3(2)

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F4(3)

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Appeal under section 17 of Industrial Assurance Act 1923186

F5Rule11

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Appeals, etc., affecting industrial and provident societies, etc.

F6Rule12

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Application under section 19 or 27 of Leasehold Reform Act 1967191

F7Rule 15

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Proceedings under the Commons Registration Act 1965192

Rule16

(1)

Proceedings in the High Court under section 14 or 18 of the Commons Registration Act 1965 shall be assigned to the Chancery Division.

F8(2)

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F9(3)

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Proceedings under section 21 or 25 of the Law of Property Act 1969193

Rule 17

Proceedings in the High Court under section 21 or 25 of the Law of Property Act 1969 shall be assigned to the Chancery Division.

Proceedings under section 86 of the Civil Aviation Act 1982194

Rule 18

(1)

Proceedings in the High Court for the amendment of any register of aircraft mortgages kept pursuant to an Order in Council made under section 86 of the Civil Aviation Act 1982 shall be assigned to the Chancery Division.

(2)

Such proceedings shall be brought by claim form and every person, other than the claimant, appearing in the register as mortgagee or mortgagor of the aircraft in question shall be made a defendant to the claim.

(3)

A copy of the claim form shall also be sent to the Civil Aviation Authority and the Authority shall be entitled to be heard in the proceedings.

Proceedings under s.85 (7) of the Fair Trading Act 1973195 and the Control of Misleading Advertisements Regulations 1988196

Rule 19

(1)

Proceedings to which this rule applies shall be assigned to the Chancery Division and may be begun by claim form.

(2)

This rule applies to any application to the High Court for an order under s.85 (7) of the Fair Trading Act 1973, or under any provision to which that section applies or under the Control of Misleading Advertisements Regulations 1988.

Proceedings under section 50 of the Administration of Justice Act 1985197

F10Rule 20

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Proceedings under section 48 of the Administration of Justice Act 1985

F11Rule 21

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Proceedings under F12the Financial Services and Markets Act 2000

Rule 22

(1)

In this rule “the Act” means F13the Financial Services and Markets Act 2000 and a section referred to by number means the section so numbered in that Act.

(2)

Proceedings in the High Court under the Act (other than F14applications for a mandatory order) and actions for damages for breach of a statutory duty imposed by the Act shall be assigned to the Chancery Division.

(3)

Such proceedings and actions shall be begun by claim form except for applications by petition by F15the Financial Services Authority under section 367.

F16(4)

Where there is a question of the construction of any rule or other instrument made by or with the approval or consent of the Financial Services Authority under the Act, that Authority may make representations to the court.

Proceedings under the Banking Act 1987199

F17Rule 23

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