The Civil Procedure (Amendment No. 2) Rules 2019

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend Part 57 of the Civil Procedure Rules 1998 (S.I. 1998/3132) to provide for the procedure for claims and applications under the Guardianship (Missing Persons) Act 2017 (c. 27) (“the Act”).

Rules 2 to 6 amend the existing Part 57 by—

• updating the title, table of contents and scope by adding reference to the Act and relevant rules created for proceedings brought under it; and

• introducing a requirement that the court send to the Public Guardian a copy of a declaration of presumed death made under the Presumption of Death Act 2013 (c. 13).

Rule 7 inserts a new Section VI (Proceedings under the Guardianship (Missing Persons) Act 2017) at the end of Part 57. Section VI contains rules for—

• the procedural requirements to initiate claims for and applications relating to guardianship orders made under the Act, including that proceedings must be brought in either the Chancery Division or the Family Division of the High Court;

• the notice and advertisement requirements for claims and applications under the Act;

• the procedure for intervening in proceedings under the Act;

• the requirement that the court send a copy of all orders made in proceedings under the Act to the Public Guardian; and

• the effect of the death or likely death of the missing person on proceedings under the Act.