The Civil Procedure Rules 1998

Filing and service of claim form E+W

Rule 2—(1) A claim form under rule 1 must be filed at the Crown Office, and served, within the time limited by the relevant enactment for making the application.

(2) Subject to paragraph (4) the claim form must be served on the appropriate Minister or government department, and—

(a) if the application relates to a compulsory purchase order made by an authority other than the appropriate Minister or government department, or to a clearance order under the Housing Act 1985(1), on the authority by whom the order was made;

(b) if the application relates to a scheme or order to which Schedule 2 to the Highways Act 1980(2), applies made by an authority other than the Secretary of State, on that authority;

(c) if the application relates to a structure plan, local plan or other development plan within the meaning of the Town and Country Planning Act 1990(3), on the local planning authority who prepared the plan;

(d) if the application relates to any decision or order, or any action on the part of a Minister of the Crown to which section 21 of the Land Compensation Act 1961(4), or section 288 of the Town and Country Planning Act 1990, applies, on the authority directly concerned with such decision, order or action or, if that authority is the applicant, on every person who would, if he were aggrieved by the decision, order or action, be entitled to apply to the High Court under the said section 21 or the said section 245, as the case may be;

(e) if the application relates to a scheme to which Schedule 32 to the Local Government, Planning and Land Act 1980(5) applies, on the body which adopted the scheme.

(3) In paragraph (2) “the appropriate Minister or government department” means the Minister of the Crown or government department by whom the order, scheme, certificate, plan, amendment, approval or decision in question was or may be made, authorised, confirmed, approved or given or on whose part the action in question was or may be taken.

(4) Where the application relates to an order made under the Road Traffic Regulation Act 1984(6), the claim form must be served—

(a) if the order was made by a Minister of the Crown, on that Minister;

(b) if the order was made by a local authority with the consent, or in pursuance of a direction, of a Minister of the Crown, on that authority and also on that Minister;

(c) in any other case, on the local authority by whom the order was made.

(1)

1985 c. 68.

(2)

1980 c. 66.

(3)

1990 c. 8.

(4)

1961 c. 33.

(5)

1980 c. 65.

(6)

1984 c. 27.