Part 3E+WThe Court of Protection Rules 2017: amendment and transitional and saving provision

Transitional and saving provisionE+W

33.—(1) Where before [F1IP completion day] an application was served under the Service Regulation on a respondent in a Member State, rule 6.13(2) applies for the purposes of the period for filing an acknowledgment of service as if the amendment to that rule made by these Regulations had not been made.

(2) Where before [F1IP completion day] an applicant has filed the documents referred to in rule 6.15(2), but the action required by rule 6.15(3) has not been taken by [F1IP completion day], the court may treat the request for service of the documents in question as a request for service pursuant to rule 6.16(1) or (2) as appropriate.

(3) Where an application was made before [F1IP completion day], rule 10.7 applies for the purposes of the court's power to make an order for security for costs in relation to that application as if the amendment made to that rule by these Regulations had not been made.

(4) Rule 14.20(1) has effect, where a deposition was ordered before [F1IP completion day], as if the amendment made to it by these Regulations had not been made.

(5) If before [F1IP completion day] a court has made an order for the issue or submission of a request under rule 14.22 but the further action required by that rule has not been taken by [F1IP completion day], the court may treat the order as one for the issue of a letter of request under rule 14.23 and proceed accordingly.

Textual Amendments

Commencement Information

I1Reg. 33 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)