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CCR ORDER 49E+WMISCELLANEOUS STATUTES

Access to Neighbouring Land Act 1992(1)E+W

F1Rule 1  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Administration of Justice Act 1970(2)E+W

F2Rule 1A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Chancel Repairs Act 1932(3)E+W

F3Rule 2  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Consumer Credit Act 1974(4)E+W

F4Rule 4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Applications under section 114, 204 and 231 of the Copyright, Designs and Patents Act 1988E+W

F5Rule 4A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Fair Trading Act 1973E+W

F6Rule 5  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Housing Act 1988: assured tenanciesE+W

F7Rule 6  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Housing Act 1988: assured shorthold tenanciesE+W

F8Rule 6A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Housing Act 1996: injunctions F9...E+W

Rule 6B—(1) An application for an injunction under section 152 of the Housing Act 1996(5) may be made by a claim in the appropriate prescribed form and shall be commenced in the court for the district in which the respondent resides or the conduct complained of occurred.

(2) Every application shall—

(a)state the terms of the injunction applied for; and

(b)be supported by a witness statement or affidavit in which the grounds on which the application is made are set out.

(3) Every application made on notice must be served, together with a copy of the witness statement or affidavit, by the applicant on the respondent personally not less than 2 days before the date on which the application will be heard.

(4) Where an application is made without giving notice, the [F10witness statement or] affidavit in support shall explain why notice was not given and the application and witness statement or affidavit shall be served (with a copy of any order made by the court), on the respondent personally without delay.

(5) Unless otherwise directed, every application made on notice shall be heard in public.

(6) Where in exercise of the powers conferred by section 152 (6) or 153 (1) of the Housing Act 1996, a power of arrest is attached to any provision of an injunction (“a relevant provision”)—

(a)each relevant provision shall be set out in a separate clause of the injunction and no such clause shall refer to any form of conduct which would not entitle a constable to arrest the respondent under paragraph (a), (b) or (c) of section 152(1) or under paragraph (a), (b) or (c) of section 153 (5) of the Housing Act 1996; and

(b)the applicant shall deliver a copy of the relevant provisions to the police officer for the time being in charge of any police station for the area where the conduct occurred.

(7) Where an order is made varying or discharging any relevant provision of an injunction to which a power of arrest has been attached, the court shall—

(a)immediately inform the police officer for the time being in charge of the police station to which a copy of the relevant provisions was delivered under paragraph (6); and

(b)deliver a copy of the order to any police officer so informed.

[F11(7A) An application for a warrant of arrest under section 155(3) of the Housing Act 1996 must be made in accordance with Part 23 and may be made without notice.

Section 155(4) of the Housing Act 1996 provides that a warrant shall not be issued unless the application is substantiated on oath)]

[F12(8) The judge before whom a person is brought following his arrest may—

(a)deal with the matter; or

(b)adjourn the proceedings.]

[F13(8A) Where the proceedings are adjourned the judge may remand the arrested person in accordance with section 155(2)(b) or (5) of the Housing Act 1996.

(8B) Where the proceedings are adjourned and the arrested person is released—

(a)the matter must be dealt with (whether by the same or another judge) within 14 days of the day on which he was arrested; and

(b)the arrested person must be given not less than 2 days' notice of the hearing.

(8C) An application notice under Order 29, rule 1(4) may be issued even if the arrested person is not dealt with within the period mentioned in paragraph (8B)(a).]

[F14(9) Order 29, rule 1 shall apply where an application is made to commit a person for breach of an injunction as if references in that rule to the judge included references to a district judge.]

[F15(10) A person against whom a committal order has been made may apply to the court under Order 29, rule 3 for his discharge and, if he does so, must, not less than 1 day before the hearing, serve the application notice on the person who made the application for committal.]

[F16(11) Where, in accordance with paragraph 2(2)(b) of Schedule 15 to the Housing Act 1996, the court fixes the amount of any recognizance with a view to it being taken subsequently, the recognizance may be taken by—

(a)a judge;

(b)a justice of the peace;

(c)a justices' clerk;

(d)a police officer of the rank of inspector or above or in charge of a police station; or

(e)where the arrested person is in his custody, the governor or keeper of a prison,

with the same consequences as if it had been entered into before the court.]

[F17(11A) The person having custody of an applicant for bail must release him if satisfied that the required recognizances have been taken.

(11B) In paragraph (8) “arrest” means the arrest of a person pursuant to—

(a)a power of arrest which, in exercise of the powers conferred by section 152(6) or 153(1) of the Housing Act 1996, has been attached to an injunction; or

(b)a warrant of arrest issued under section 155 of that Act.]

(12) The jurisdiction of the court under sections 152 to 157 of the Housing Act 1996 may be exercised by a district judge

Textual Amendments

F9Words in Sch. 2 CCR Order 49 rule 6B heading omitted (15.10.2001) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rules 1(b), 23(a) (with rule 24)

F13Sch. 2 CCR Order 49 rule 6B(8A)-(8C) inserted (15.10.2001) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rules 1(b), 23(d) (with rule 24)

F15Sch. 2 CCR Order 49 rule 6B(10) substituted (15.10.2001) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rules 1(b), 23(f) (with rule 24)

Injunctions to prevent environmental harm: Town and Country Planning Act 1990 etc.E+W

Rule 7—(1) An injunction under—

(a)section 187B or 214A of the Town and Country Planning Act 1990(6),

(b)section 44A of the Planning (Listed Buildings and Conservation Areas) Act 1990(7), or

(c)section 26AA of the Planning (Hazardous Substances) Act 1990(8),

may be granted against a person whose identity is unknown to the applicant; and in the following provisions of this rule such an injunction against such a person is referred to as “an injunction under paragraph (1)”, and the person against whom it is sought is referred to as “the respondent”.

(2) An applicant for an injunction under paragraph (1) shall, describe the respondent by reference to—

(a)a photograph,

(b)a thing belonging to or in the possession of the respondent, or

(c)any other evidence,

with sufficient particularity to enable service to be effected, and the form of the claim form used shall be modified accordingly.

(3) An applicant for an injunction under paragraph (1) shall file evidence by witness statement or affidavit—

(a)verifying that he was unable to ascertain, within the time reasonably available to him, the respondent’s identity.

(b)setting out the action taken to ascertain the respondent’s identity and

(c)verifying the means by which the respondent has been described in the claim form and that the description is the best that the applicant is able to provide.

(4) Paragraph (2) is without prejudice to the power of the court to make an order in accordance with CPR Part 6 for service by an alternative method or dispensing with service.

Leasehold Reform Act 1967(9)E+W

F18Rule 8  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Sch. 2 CCR Order 49 rule 8 revoked (15.10.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rule 1(d), Sch. 3

Leasehold Reform, Housing and Urban Development Act 1993(10)E+W

F19Rule 9  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Local Government Finance Act 1982(11)E+W

F20Rule 10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20Sch. 2 CCR Order 49 rule 10 revoked (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 8 (with rule 39(b)) (as amended by S.I. 2000/940, rules 1, 2)

Local Government (Miscellaneous Provisions) Act 1976(12)E+W

F21Rule 11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21Sch. 2 CCR Order 49 rule 11 revoked (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 8 (with rule 39(b)) (as amended by S.I. 2000/940, rules 1, 2)

Mental Health Act 1983(13)E+W

Rule 12—(1) In this rule— a section referred to by number means the section so numbered in the Mental Health Act 1983 and “Part II” means Part II of that Act;

  • “place of residence” means, in relation to a patient who is receiving treatment as an in-patient in a hospital or other institution, that hospital or institution;

  • “hospital authority” means the managers of a hospital as defined in section 145 (1).

(2) An application to a county court under Part II shall be made by a claim form filed in the court for the district in which the patients' place of residence is situated or, in the case of an application made under section 30 for the discharge or variation of an order made under section 29, in that court or in the court which made the order.

(3) Where an application is made under section 29 for an order that the functions of the nearest relative of the patient shall be exercisable by some other person—

(a)the nearest relative shall be made a respondent to the application unless the application is made on the grounds set out in subsection (3)(a) of the said section or the court otherwise orders, and

(b)the court may order that any other person, not being the patient, shall be made a respondent.

(4) On the hearing of the application the court may accept as evidence of the facts stated therein any report made by a medical practitioner and any report made in the course of his official duties by—

(a)a probation officer, or

(b)an officer of a local authority or of a voluntary organisation exercising statutory functions on behalf of a local authority, or

(c)an officer of a hospital authority:

Provided that the respondent shall be told the substance of any part of the report bearing on his fitness or conduct which the judge considers to be material for the fair determination of the application.

(5) Unless otherwise ordered, an application under Part II shall be heard and determined by the court sitting in private.

(6) For the purpose of determining the application the judge may interview the patient either in the presence of or separately from the parties and either at the court or elsewhere, or may direct the district judge to interview the patient and report to the judge in writing.

Mobile Homes Act 1983(14)E+W

F22Rule 13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F23Postal Services Act 2000] E+W

Rule 15—(1) An application under [F24section 92 of the Postal Services Act 2000] for permission to bring proceedings in the name of the sender or addressee of a postal packet or his personal representatives shall be made by a claim form.

(2) The respondents to the application shall be the [F25universal service provider] and the person in whose name the applicant seeks to bring proceedings.

Textual Amendments

Rentcharges Act 1977(15)E+W

F26Rule 16  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F27Sex Discrimination Act 1975, Race Relations Act 1976, Disability Discrimination Act 1995 and Disability Rights Commission Act 1999] E+W

Rule 17—(1) In this rule—

[F28(a)“the Act of 1975”, “the Act of 1976 ”, “the Act of 1995” and “the Act of 1999” mean respectively the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995 and the Disability Rights Commission Act 1999;]

(b)in relation to proceedings under either of those Acts expressions which are used in the Act concerned have the same meanings in this rule as they have in that Act;

(c)in relation to proceedings under the Act of 1976 “court” means a designated county court and “district” means the district assigned to such a court for the purposes of that Act.

(2) A claimant who brings a claim under section 66 of the Act of [F291975,] section 57 of the Act of 1976 [F30or section 25 of the Act of 1995] shall forthwith give notice to the Commission of the commencement of the proceedings and file a copy of the notice.

(3) CPR Rule 35.15 shall have effect in relation to an assessor who is to be appointed in proceedings under section 66 (1) of the Act of 1975.

(4) Proceedings under section 66, 71 or 72 of the Act of [F311975,] section 57, 62 or 63 of the Act of 1976 [F32, section 25 of the Act of 1995 or section 6 of the Act of 1999] may be commenced—

(a)in the court for the district in which the defendant resides or carries on business; or

(b)in the court for the district in which the act or any of the acts in respect of which the proceedings are brought took place.

(5) An appeal under section 68 of the Act of [F331975,] section 59 of the Act of 1976 [F34or paragraph 10 of Schedule 3 to the Act of 1999] against a requirement of a non-discrimination notice shall be brought in the court for the district in which the acts to which the requirement relates were done.

(6) Where the claimant in any claim alleging discrimination has questioned the defendant under section 74 of the Act of 1975 or section 66 of the Act of 1976—

(a)either party may make an application to the court in accordance with CPR Part 23 to determine whether the question or any reply is admissible under that section; and

(b)CPR Rule 3.4, shall apply to the question and any answer as it applies to any statement of case.

(7) Where in any claim the Commission claim a charge for expenses incurred by them in providing the claimant with assistance under section 75 of the Act of [F351975,] section 66 of the Act of 1976 [F36or section 7 of the Act of 1999] —

(a)the Commission shall, within 14 days after the determination of the claim, give notice of the claim to the court and the claimant and thereafter no money paid into court for the benefit of the claimant, so far as it relates to any costs or expenses, shall be paid out except in pursuance of an order of the court, and

(b)the court may order the expenses incurred by the Commission to be assessed whether by the summary or detailed procedure as if they were costs payable by the claimant to his own solicitor for work done in connection with the proceedings.

(8) Where an application is made for the removal or modification of any term of a contract to which section 77 (2) of the Act of [F371975,] section 72 (2) of the Act of 1976 [F38or section 26 of the Act of 1995] applies, all persons affected shall be made respondents to the application, unless in any particular case the court otherwise directs, and the proceedings may be commenced—

(a)in the court for the district in which the respondent or any of the respondents resides or carries on business; or

(b)in the court for the district in which the contract was made.

Textual Amendments

F27Sch. 2 CCR Order 49 rule 17 heading substituted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 38(a) (with rule 39)

F28Sch. 2 CCR Order 49 rule 17(1)(a) substituted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 38(b) (with rule 39)

Solicitors Act 1974(16)E+W

F39Rule 18  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F39Sch. 2 CCR Order 49 rule 18 omitted (26.4.1999) by virtue of The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 73(f)

Telecommunications Act 1984(17)E+W

Rule 18A—(1) CPR Rule 35.15 applies to proceedings under paragraph 5 of Schedule 2 to the Telecommunications Act 1984.

Applications under section 19 of the Trade Marks Act 1994E+W

F40Rule 18B  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Trade Union and Labour Relations Consolidation Act 1992(18)E+W

Rule 19—(1) Where a complainant desires to have an order of the Certification Officer under section 82 of the Trade Union and Labour Relations Consolidation Act 1992 recorded in the county court, he shall produce the order and a copy thereof to the court for the district in which he resides or the head or main office of the trade union is situate.

(2) The order shall be recorded by filing it, and the copy shall be sealed and dated and returned to the complainant.

(3) The sealed copy shall be treated as if it were the notice of issue in a claim begun by the complainant.

(4) The costs, if any, allowed for recording the order shall be recoverable as if they were payable under the order.

(5) The order shall not be enforced until proof is given to the satisfaction of the court that the order has not been obeyed and, if the order is for payment of money, of the amount remaining unpaid.

Trustee Act 1925, s.63(19)E+W

F41Rule 20  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

(6)

1990 c. 8; section 187B was amended by the Planning and Compensation Act 1991 (c. 34), section 3; and section 214A was amended by the section 23(7) of that Act.

(7)

1990 c. 9; section 44A was amended by the Planning and Compensation Act 1991 (c. 34), section 25, schedule 3, Part 1, paragraph 7.

(8)

1990 c. 10; section 26AA was inserted by the Planning and Compensation Act 1991 (c. 34), section 25, schedule 3, Part I, paragraph 15.

(9)

1967 c. 88; section 11 was amended by the Rentcharges Act 1977 (c. ), section 17(2), schedule 2. Section 21 was amended by the Housing Act 1980 (c. 51), sections 142, 152, schedule 22, Part II, paragarph 8, schedule 26; by the County Courts Act 1984 (c. 28), section 148(1), schedule 2, Part V, paragraph 31; by the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), section 187(1), schedule 21, paragraph 4; and by the Housing Act 1996 (c. 52), sections 115. 116, schedule 11, paragraph 1(2).

(10)

1993 c. 28; section 26 was amended by the Housing Act 1996 (c. 52).

(11)

1982 c. 32; sections 19 and 20 were amended by the National Health Service and Community Care Act 1990 (c. 19), section 20, schedule 4, paragraphs 9 and 10; by the Education Reform Act 1988 (c. 40), section 237(2), schedule 13, Part I; by the Police and Magistrates' Courts Act 1994 (c. 29), section 43, schedule 4, Part I, paragraphs 26 and 27; by the Police Act 1996 (c. 16), section 103(1), schedule 7, Part 1, paragraph 1, and by the Police Act 1997 (c. 50), section 88, schedule 6, paragraphs 19 and 21; and by S.I. 1991/724 and 1996/3141.

(12)

1976 c. 57; section 23 was amended by S.I. 1996/3071. Section 35 was amended by the Local Government Act 1985 (c. 51), section 102(2), schedule 17 and by S.I. 1996/3071.

(13)

1983 c. 20; section 145(1) was amended by the Health Authorities Act 1995 (c. 17), section 2(1), schedule 1, Part III, paragraph 107; by the National Health Service and Community Care Act 1990 (c. 19), section 66(1), schedule 9, paragraph 24(9); and by the Mental Health (Amendment) Act 1994 (c. 6), section 1.

(19)

1925 c. 19; section 63 was amended by the Administration of Justice Act 1965 (c. 2), section 36(4), schedule 3.

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