The Civil Procedure (Amendment No. 4) Rules 2001

Citation, commencement and interpretation

1.  These Rules may be cited as the Civil Procedure (Amendment No. 4) Rules 2001 and shall come into force—

(a) for the purposes of rules 2, 5, 7, 8, 13 and 15, and this rule, on 15th October 2001;

(b) for the purpose of rule 23, on the coming into force of so much of section 155 of the Housing Act 1996(1) as is not already in force; and

(c) for all other purposes, on 25th March 2002.

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(2);

(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.  In rule 5.2, in paragraph (1)(b), omit sub-paragraph (i).

4.  In rule 40.2, in paragraph (1)—

(a) at the end of sub-paragraph (b), omit “or”;

(b) at the end of sub-paragraph (c), add

• “;

  (d)

  an order made by a court officer under rule 70.5 (orders to enforce awards as if payable under a court order); or

  (e)

  an order made by a court officer under rule 71.2 (orders to obtain information from judgment debtors).”.

5.  In Part 51—

(a) for the heading, substitute “Transitional Arrangements and Pilot Schemes”;

(b) rule 51 is renumbered rule 51.1; and

(c) after rule 51.1, insert—

“51.2   Practice directions may modify or disapply any provision of these Rules—

(a) for specified periods; and

(b) in relation to proceedings in specified courts,

during the operation of pilot schemes for assessing the use of new practices and procedures in connection with proceedings.”.

6.  After Part 57, insert—

(a) Part 70 (general rules about enforcement) as set out in Schedule 1 to these Rules;

(b) Part 71 (orders to obtain information from judgment debtors) as set out in Schedule 2;

(c) Part 72 (third party debt orders) as set out in Schedule 3; and

(d) Part 73 (charging orders, stop orders and stop notices) as set out in Schedule 4.

7.  In RSC Order 15, in rule 14(2) for “under rule 13” substitute “under CPR rule 19.7”.

8.  In RSC Order 51—

(a) after the title insert—

“Order to apply to High Court and County Courts

Rule A1 This Order applies to proceedings both in the High Court and in county courts.”; and

(b) in rule 2, for “A Master and the Admiralty Registrar and a district judge of the Family Division” substitute “A Master, the Admiralty Registrar, a district judge of the Family Division and a district judge”.

9.  In RSC Order 77—

(a) in rule 15, for paragraph (1), substitute—

“(1) Nothing in—

(a) CPR Parts 70 to 73; and

(b) Orders 45 to 47, 51 and 52,

shall apply in respect of any order against the Crown.”; and

(b) in rule 16—

(i) in paragraph (1)(a), for “Under Order 49” substitute “under CPR Part 72”; and

(ii) for paragraph (3) substitute—

“(3) CPR rule 72.8 shall apply in relation to such an application as is mentioned in paragraph (2) for an order restraining a person from receiving money payable to him by the Crown as that rule applies to an application under CPR rule 72.2 for a third party debt order, except that the court shall not have power to order enforcement to issue against the Crown.”.

10.  In RSC Order 81—

(a) in rule 7(1), for “under Order 49, rule 1”, substitute “under CPR rule 72.2”;

(b) in rule 7(2), for “An order to show cause under the said rule 1”, substitute “An interim third party debt order under CPR rule 72.4(2)”; and

(c) in rule 7(3), for “the said rule 1”, substitute “the said rules 72.2 or 72.4(2)”.

11.  In RSC Order 115, in rule 4(4), for “specified in Order 50, rule 2(1)(b) to (d)” substitute “specified in CPR rule 73.5(1)(c) to (e)”.

12.  In CCR Order 4, in paragraph (b) of rule 3, for “subject to Order 31, rule 4”, substitute “subject to CPR rule 73.10”.

13.  In CCR Order 22, rule 8, for sub-paragraph (a) of paragraph (1A), substitute—

“(a) state that—

(i) it is intended to enforce the judgment or order by execution against goods; or

(ii) the judgment or order to be enforced is an order for possession of land made in a possession claim against trespassers; or”.

14.  In CCR Order 25—

(a) in rule 8(9), omit “pursuant to rule 5(3)”; and

(b) in rule 9(4), for “required for service of an order under Order 25, rule 3” substitute “set out in CPR rule 6.2”.

15.  In CCR Order 25, rule 13—

(a) for paragraph (1), substitute—

“(1) Where the judgment creditor makes a request for a certificate of judgment under Order 22, rule 8(1) for the purpose of enforcing the judgment or order in the High Court—

(a) by execution against goods; or

(b) where the judgment or order to be enforced is an order for possession of land made in a possession claim against trespassers,

the grant of a certificate by the court shall take effect as an order to transfer the proceedings to the High Court and the transfer shall have effect on the grant of that certificate.”; and

(b) in paragraph (2), after “debtor”, insert “or the person against whom the possession order was made”.

16.  In CCR Order 27, in rule 5(1), and in rule 17(3A), for “required for service of an order under Order 25, rule 3” substitute “set out in CPR rule 6.2”.

17.  In CCR Order 28, for rule 9(2) substitute—

“(2) If a committal order or a new order for payment is made on the hearing, the office copy of the judgment or order filed in the county court shall be deemed to be a judgment or order of the court in which the judgment summons is heard.”.

18.  In CCR Order 33, in rule 4(3), for “required for service of an order under Order 25, rule 3” substitute “set out in CPR rule 6.2”.

19.  In CCR Order 39, in rule 2(2), for “Order 25, rule 3” substitute “CPR Part 71”.

20.  In CCR Order 42—

(a) for rule 13(1), substitute—

“(1) Nothing in—

(a) CPR Parts 70 to 73;

(b) Orders 25 to 29; or

(c) RSC Order 30 (in so far as it applies to proceedings in the county court),

shall apply in respect of any order against the Crown.”; and

(b) in rule 14—

(i) in paragraph (1), for “under Order 30”, substitute “under CPR Part 72”; and

(ii) for paragraph (5), substitute—

“(5) CPR rule 72.8 shall apply, with the necessary modifications, in relation to an application under the said section 27, as it applies in relation to an application under CPR rule 72.2 for a third party debt order, except that the court shall not have the power to order enforcement to issue against the Crown.”.

21.  In CCR Order 45, in rule 1(3), for “required for service of an order under Order 25, rule 3”, substitute “set out in CPR rule 6.2”.

22.  In CCR Order 48B—

(a) for rule 5(1), substitute—

“(1) Subject to the Order and this rule—

(a) CPR Parts 70 to 73;

(b) Order 25, rules 1 and 9;

(c) Order 26, rule 5; and

(d) Order 27, rules 1 to 7, 7A, 9 to 16 and 18 to 22,

shall apply for the enforcement of specified debts.”;

(b) in rule 5(8), for “In addition to the requirements of that rule, any application by an authority under Order 25, rule 2, shall”, substitute “If an authority requests the transfer of proceedings to another county court for enforcement, in its request it must”; and

(c) for the opening words of rule 5(9), substitute—

“(9) An application for an attachment of earnings order, an order to obtain information from a debtor, a third party debt order or a charging order shall, in addition to the requirements of Order 27 or CPR Part 71, 72 or 73 (as the case may be)-”.

23.  In CCR Order 49, rule 6B—

(a) in the title, delete “and powers of arrest”;

(b) after paragraph (7), insert—

“(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)”;

(c) for paragraph (8), substitute—

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

(a) deal with the matter; or

(b) adjourn the proceedings.”;

(d) after paragraph (8), insert—

“(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).”;

(e) for paragraph (9), substitute—

“(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.”;

(f) for paragraph (10), substitute—

“(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.”;

(g) for paragraph (11), substitute—

“(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.”; and

(h) after paragraph (11), insert—

“(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.”.

Transitional provisions

24.—(1) Parts 70 to 73 shall not apply to any enforcement proceedings specified in paragraph (2) which are issued before 25th March 2002, and the rules of court in force immediately before that date shall apply to those proceedings as if they had not been amended or revoked.

(2) The enforcement proceedings to which this rule applies are—

(a) an application for an order for oral examination;

(b) an application for a garnishee order;

(c) an application by a judgment creditor for an order for the payment to him of money standing in court to the credit of a judgment debtor;

(d) an application for a charging order;

(e) a claim for the enforcement of a charging order by sale of the property charged; and

(f) an application for a stop order.

Revocations

25.  The Orders set out in column 1 of Schedule 5 are revoked to the extent set out in column 2 of that Schedule.

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

Tim Parker

Peter Watson

Alan Street

Olivia Morrison-Lyons

I allow these Rules

Irvine of Lairg, C.

Dated 25th July 2001