The Civil Procedure (Amendment No. 2) Rules 2001

Amendments to the Civil Procedure Rules 1998

17.  In CCR Order 48B—

(a) for the title substitute “Enforcement of traffic penalties”;

(b) for “parking enforcement centre”, wherever it appears, substitute “traffic enforcement centre”;

(c) in rule 1(1)—

(i) in sub-paragraph (a) delete “and”; and

(ii) at the end of sub-paragraph (b) insert—

• “; and

  (c)

  increased penalty charges provided for in a charge certificate issued under paragraph 8 of Schedule 1 to the 1996 Act(1) (relating to a contravention or failure to comply with an order made under a provision referred to in section 4(2) of that Act reserving all or part of a carriageway of a road as a bus lane).”.

(d) in rule 1(2)—

(i) for the definition of “order”, substitute—

• ““order” means, as the case may be, an order made under—

  (a)

  paragraph 7 of Schedule 6 to the 1991 Act(2);

  (b)

  paragraph 9 of Schedule 1 to the 1996 Act; or

  (c)

  section 73 of the 1991 Act(3).”;

(ii) for the definition of “relevant period”, substitute—

• ““relevant period” means, as the case may be—

  (a)

  the period of 21 days allowed for serving a statutory declaration by—

  (i)

  paragraph 8(1) of Schedule 6 to the 1991 Act; or

  (ii)

  paragraph 10(1)(c) of Schedule 1 to the 1996 Act; or

  (b)

  where a longer period has been allowed pursuant to—

  (i)

  paragraph 8(4) of Schedule 6 to the 1991 Act; or

  (ii)

  paragraph 10(4) of Schedule 1 to the 1996 Act,

  that period.”;

(iii) in the definition of “specified debts”, delete “Part II”;

(iv) in the definition of “statutory declaration”, after “the 1991 Act” insert “or paragraph 10(2) of Schedule 1 to the 1996 Act, as the case may be”;

(v) in the definition of “statutory declaration”, delete “and”; and

(vi) at the end of the definition of “the 1991 Act”, insert—

“and;

“the 1996 Act” means the London Local Authorities Act 1996.”;

(e) in sub-paragraph (a) of rule 1(4), after “London authority”, insert “(within the meaning of section 82(1) of the Road Traffic Act 1991(4))”;

(f) in sub-paragraph (c) of rule 2(3) for “the parking attendant who issued the penalty charge notice believed”, substitute “it is claimed that”;

(g) in rule 4—

(i) in paragraph (1), after “the 1991 Act” insert “and paragraphs 10(4) and (5)(d) of Schedule 1 to the 1996 Act”; and

(ii) in paragraph (2), after “the 1991 Act” insert “or paragraph 10(4) of the Schedule 1 to the 1996 Act”; and

(h) in rule 5(7)—

(i) after “Schedule 6 to the 1991 Act”; and

(ii) after “Schedule 6” in sub-paragraph (c),

insert “or, as the case may be, paragraph 10(5) of Schedule 1 to the 1996 Act”.

(1)

The London Local Authorities Act 1996 (c.ix); paragraph 8 of Schedule 1 was amended by paragraph 7 of Schedule 2 to the London Local Authorities Act 2000 (c.vii) and Schedule 1 is repealed by Schedule 31 to the Transport Act 2000 (c. 38) on such day as the Secretary of State may by order provide.

(2)

The Road Traffic Act 1991 (c. 40).

(3)

1991 c. 40; section 73 was amended by the Greater London Authority Act 1999 (c. 29), section 283 and Schedule 34, Part VI.

(4)

1991 c. 40; the definition of “London authority” is substituted by the Greater London Authority Act 1999 (c. 29), section 287(2).