The Civil Procedure (Amendment No. 2) Rules 2001

Citation, commencement and interpretation

1.  These Rules may be cited as the Civil Procedure (Amendment No. 2) Rules 2001 and shall come into force—

(a) for the purposes of rules 17 and 18, on 1st June 2001;

(b) for the purposes of rules 13, 14, 15 and 19, on 15th October 2001; and

(c) for all other purposes on 31st May 2001.

2.  In these Rules—

(a) a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998(1);

(b) a reference to an Order by number and prefixed by “RSC” means the RSC Order so numbered in Schedule 1 to those Rules; and

(c) a reference to an Order by number and prefixed by “CCR” means the CCR Order so numbered in Schedule 2 to those Rules.

Amendments to the Civil Procedure Rules 1998

3.  After paragraph (e) of rule 6.18, insert—

“(ea) “the Service Regulation” means Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters;”.

4.  In rule 6.20(18), after “claim” insert “is”.

5.  In rule 6.24(1)—

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

(b) sub-paragraph (b)(ii) shall stand as sub-paragraph (b)(iii);

(c) before sub-paragraph (b)(iii), insert—

“(ii) rule 6.26A (service in accordance with the Service Regulation); or”.

6.  In rule 6.25—

(a) in paragraph (4)—

(i) at the end of sub-paragraph (b), insert “or”;

(ii) in sub-paragraph (c) for “; or” substitute “.”; and

(iii) omit sub-paragraph (d); and

(b) after paragraph (4), insert—

“(5) This rule does not apply where service is to be effected in accordance with the Service Regulation.”.

7.  After paragraph (6) of rule 6.26, insert—

“(7) This rule does not apply where service is to be effected in accordance with the Service Regulation.”.

8.  After rule 6.26, insert—

“Service in accordance with the Service Regulation

6.26A— (1) This rule applies where a claim form is to be served in accordance with the Service Regulation.

(2) The claimant must file the claim form and any translations or other documents required by the Service Regulation.

(3) When the claimant files the documents referred to in paragraph (2), the court officer will—

(a) seal^(GL) the copy of the claim form; and

(b) forward the documents to the Senior Master.

(4) Rule 6.31 does not apply.

• (The Service Regulation is annexed to the relevant practice direction)”.

9.  In rule 12.3, after the cross-reference at the end of that rule, insert—

“(Article 19(1) of Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters applies in relation to judgment in default where the claim form is served in accordance with that Regulation)”.

10.  In rule 13.3, after the cross-reference, insert—

“(Article 19(4) of Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters applies to applications to appeal a judgment in default when the time limit for appealing has expired)”.

11.  In rule 22.1, in paragraph (1)—

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

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

“; and

(e) An acknowledgment of service in a claim begun by way of the Part 8 procedure.”.

12.  After rule 39.7, insert—

“Claims under the Race Relations Act 1976

39.8   In a claim brought under section 57(1) of the Race Relations Act 1976, the court may, where it considers it expedient in the interests of national security—

(a) exclude from all or part of the proceedings—

(i) the claimant;

(ii) the claimant’s representatives; or

(iii) any assessors appointed under section 67(4) of that Act;

(b) permit a claimant or representative to make a statement to the court before the start of the proceedings (or part of the proceedings) from which he is to be excluded; or

(c) take steps to keep secret all or part of the reasons for its decision in the claim.

(Section 67A(2) of the Race Relations Act 1976 provides that the Attorney General may appoint a person to represent the interests of a claimant in any proceedings from which he and his representatives are excluded)”.

13.  In Part 49—

(a) at the end of paragraph (2)(f), for “; and” substitute “.”; and

(b) omit paragraph (2)(g).

14.  After Part 56, insert Part 57 (Probate) as set out in the Schedule to these Rules.

15.  RSC Order 93, rule 20 is revoked.

16.  In RSC Order 115—

(a) after rule 23, for the heading of Section III substitute “III: TERRORISM ACT 2000(2)”;

(b) in rule 24—

(i) in paragraph (a), for “Prevention of Terrorism (Temporary Provisions) Act 1989(3)” substitute “Terrorism Act 2000”;

(ii) at the end of paragraph (b), delete “and”;

(iii) after paragraph (b), insert—

“(ba) “the prosecutor” means the person with conduct of proceedings which have been instituted in England and Wales for an offence under any of sections 15 to 18 of the Act, or the person who the High Court is satisfied will have the conduct of proposed proceedings for such an offence; and”;

(iv) at the beginning of paragraph (c), insert “other”; and

(v) in paragraph (c), for “Part III of, and Schedule 4 to,” substitute “Schedule 4 to”;

(c) in rule 26(1), for “paragraphs 3 and 4” substitute “paragraph 5”;

(d) in rule 26(2)(a), for “Part III” substitute “any of sections 15 to 18”;

(e) in rule 27(2), after “a restraint order made without notice of” insert “the application for”;

(f) in rule 29—

(i) for “paragraph 7 of Schedule 4” substitute “paragraph 9 or 10 of Schedule 4”; and

(ii) for “the relevant authority under paragraph 7(5)” substitute “the person or body by whom compensation, if ordered, will be payable under paragraph 9(6) or 10(4)”;

(g) in rule 32(1), for “Crown Office” substitute “Administrative Court”; and

(h) in rule 35(3)—

(i) for “paragraph 5 or 6” substitute “paragraph 7 or 8”; and

(ii) for “paragraph 9(6)” substitute “paragraph 13(6)”.

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(4) (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(5);

  (b)

  paragraph 9 of Schedule 1 to the 1996 Act; or

  (c)

  section 73 of the 1991 Act(6).”;

(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(7))”;

(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”.

18.  In CCR Order 48D—

(a) for “parking enforcement centre”, wherever it occurs, substitute “traffic enforcement centre”; and

(b) in rule 1(2), in the definition of “specified debts”, delete “Part II”.

Transitional provisions

19.  Where a claim form—

(a) relates to proceedings to which Part 57 would apply if it was issued on or after 15th October 2001, but

(b) is issued before that date,

that Part shall not apply to the proceedings, and the rules of court in force immediately before that date shall apply as if they had not been amended or revoked.

Phillips of Worth Matravers, M.R.

Andrew Morritt, V-C

Anthony May, L.J.

Richard Holman

Godfrey Gypps

John Leslie

Michael Black

David Foskett

Michelle Stevens-Hoare

David Greene

Peter Watson

Alan Street

I allow these Rules

Irvine of Lairg, C.

Dated 30th March 2001