Statutory Instruments
Senior Courts Of England And Wales
County Court, England And Wales
Made
21st August 2020
Coming into force
22nd August 2020
Laid before Parliament
24th August 2020
The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997(1) to make rules of court under section 1 of that Act, and having fulfilled the requirements of section 2(6) of that Act, makes the following Rules.
1. These Rules may be cited as the Civil Procedure (Amendment No. 5) (Coronavirus) Rules 2020 and come into force on 22nd August 2020.
2. In Part 55 of the Civil Procedure Rules 1998(2), in rule 55.29, in paragraph (1)—
(a)for “22nd August 2020”, substitute “19 September 2020”; and
(b)for “23rd August 2020”, substitute “20 September 2020”.
3. The Civil Procedure (Amendment No. 3) Rules 2020(3) are amended as follows—
(a)in rule 1, in paragraph (3), for “23rd August 2020”, substitute “20th September 2020”; and
(b)in rule 2, in paragraph (2), for “24th August 2020”, substitute “21st September 2020”.
The Right Honourable Sir Terence Etherton, MR
Mr Justice Birrs
Mr Justice Kerr
His Honour Judge Jarman QC
Richard Viney
Dr Anja Lansbergen-Mills
Brett Dixon
David Marshall
Lizzie Iron
I allow these Rules
Robert Buckland
Lord Chancellor
Ministry of Justice
21st August 2020
(This note is not part of the Rules)
These Rules amend the Civil Procedure Rules 1998 (SI 1998/3132) to amend rule 55.29, which provides that possession proceedings and enforcement proceedings by way of writ and warrant for possession are stayed until 23rd August 2020. This amendment extends the stay imposed by this temporary rule until 20th September 2020. This applies to proceedings that were stayed immediately prior to the date that rule 55.29 first came into force, those brought after that rule came into force and those brought after this amendment comes into force and on or before 19th September 2020.
These Rules also make consequential amendments to the Civil Procedure Rules (Amendment No. 3) Rules (SI 2020//747) following the amendment to rule 55.29.
As this is temporary, emergency legislation, no formal impact assessment is required for Better Regulation purposes.
1997 c.12. Section 2(1) was substituted by the Constitutional Reform Act 2005 (c.4), section 15 and Schedule 4 Part 1. Section 1(3) was substituted by section 82(1) of the Courts Act 2003 (c.39) and further amended by the Constitutional Reform Act 2005 sections 15, 146, Schedule 4 Part 1 and Schedule 18, Part 2.
S.I. 1998/3132. Part 55 was inserted by S.I. 2001/256. Rule 55.29 was inserted by S.I. 2020/582. Part 55 was further amended by S.I. 2020/751. There are other amending instruments but none is relevant.