The Family Procedure Rules 2010

CHAPTER 8 E+W CHARGING ORDER, STOP ORDER, STOP NOTICE

Application of the CPR E+W

33.25.—(1) Part 73 of the CPR applies to proceedings under this Part with the following modifications.

(2) In rule 73.1, paragraph (2), sub-paragraphs (b) and (c) are omitted.

(3) For rule 73.2, there is substituted “ This Section applies to an application by a judgment creditor for a charging order under section 1 of the 1979 Act M1 . ”.

(4) In rule 73.3, paragraph (2), sub-paragraphs (b) and (c) are omitted.

(5) In rule 73.4—

(a) in paragraph (1), for “a judge” there is substituted “ the court, ”; and

(b) in paragraph (2), for “judge” there is substituted “ court ”.

(6) In rule 73.9,in the parenthesis after paragraph (1)—

(a) “and regulation 51.4 of the 1992 Regulations” is omitted;

(b) for “provides” there is substituted “ provide ”, and

(c) “, or (where the 1992 Regulations apply) of the authority,” is omitted.

(7) In rule 73.10—

(a) in paragraph (1), for “a claim” there is substituted “ an application ”;

(b) in paragraph (2) and the parenthesis following it, for “A claim” each time it appears there is substituted “ An application ”;

(c) in paragraph (3), for “claimant” there is substituted “ applicant ”;

(d) in paragraph (4), for “claim form” there is substituted “ application ”; and

(e) in paragraph (5), for “claimant's” there is substituted “applicant's”.

(8) In rule 73.11, “funds in court or” is omitted.

(9) In rule 73.12—

(a) paragraph (1)(a) is omitted;

(b) in paragraph (1)(b) “other than securities held in court” is omitted;

(c) in paragraph (2), in sub-paragraph (b), for “claim form” there is substituted “ application notice ”; and

(d) in paragraph (3)—

(i) “or claim form” is omitted; and

(ii) for sub-paragraph (b) there is substituted “ the person specified in rule 73.5(1)(d) ”.

(10) Rule 73.13 is omitted.

(11) In rule 73.14, in paragraph (1), “other than securities held in court” is omitted.

(12) In rule 73.16—

(a) in paragraph (a) for “; and” there is substituted “ . ”; and

(b) paragraph (b) is omitted.

Marginal Citations

M1 1979 c. 53. Section 1 was amended by sections 34 and 37 of and paragraphs 2, 3 and 6 of Schedule 3 to the Administration of Justice Act 1982 (c.53) and section 148(1) of and paragraph 71 of Schedule 2 to the County Courts Act 1984. Subsections (6) to (8) of that section were inserted by section 93(1) and (2) of the Tribunals, Courts and Enforcement Act 2007 (c.15).