Amendments to the Civil Procedure Rules 1998
9. In Part 75—
(a)in rule 75.1—
(i)in paragraph (1), after “practice direction” insert “supplementing this Part”;
(ii)after paragraph (1)(b), insert—
“(Rule 21.1(1)(c) provides that Part 21 (children and protected parties) does not apply to proceedings under this Part where one of the parties is a child.)”;
(iii)in paragraph (2)(b)(i), for “he” substitute “the bailiff”;
(iv)at the end of paragraph (2)(b)(iii), for “.” substitute “;”;
(v)in paragraph (2)(d)(i), after “statutory declaration” insert “or witness statement”; and
(vi)in paragraph (2)(f), after “practice direction” insert “supplementing this Part”;
(b)in rule 75.2(2)(a), for “shall be” substitute “is”;
(c)in rule 75.3—
(i)in paragraph (2)(c)(v), after “practice direction” insert “supplementing this Part”;
(ii)in paragraph (3), for “sealing” substitute “registering”;
(iii)for paragraph (4) substitute—
“(4) On receipt of a registered request the authority may draw up the order and must—
(a)insert in the order the date by which the respondent must either—
(i)comply with the order; or
(ii)file a statutory declaration or witness statement; and
(b)attach to the order a form of statutory declaration or witness statement for the respondent’s use.”;
(iv)for paragraph (5) substitute—
“(5) The authority must serve in accordance with Part 6 the order (and the form of statutory declaration or witness statement) on the respondent within 15 days of the date on which the request is registered by the court.”; and
(v)revoke paragraph (6);
(d)in rule 75.5(1), after “practice direction” insert “supplementing this Part”;
(e)in rule 75.6(b), for “rules 1 and 9” substitute “rule 1”;
(f)in rule 75.8—
(i)after “the filing of a statutory declaration” insert “or a witness statement”; and
(ii)in paragraph (a), after “statutory declaration” insert “or witness statement”;
(g)in rule 75.9, for “If an” substitute “Where the”;
(h)in rule 75.10(i) for “reasons” substitute “reason why”; and
(i)in rule 75.11—
(i)for “If” substitute “Where”;
(ii)for “an” substitute “the”; and
(iii)for “defendant” substitute “respondent”.