Civil Procedure Act 1997

JurisdictionUK Non-devolved
Citation1997 c. 12
the civil division of the Court of Appeal,the High CourtF32 except in relation to its jurisdiction under the Extradition Act 2003 , andF27 the county court .(2) Schedule 1 (which makes further provision about the extent of the power to make Civil Procedure Rules) is to have effect.(3) The power to make Civil Procedure Rules is to be exercised with a view to securing that the civil justice system is accessible, fair and efficient.amend section 2(2) , (3) or (4) , andmake consequential amendments in any other provision of section 2.(2) The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.the Head of Civil Justice;the Deputy Head of Civil Justice (if there is one) .(2B) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.(3) The power to make an order under this section is exercisable by statutory instrument.(4) A statutory instrument containing such an order is subject to annulment in pursuance of a resolution of either House of Parliament.the Head of Civil Justice;the Deputy Head of Civil Justice (if there is one) ;the persons currently appointed in accordance with subsections (1A) and (1B) .(1A) The Lord Chief Justice must appoint the persons falling within paragraphs (a) to (d) of subsection (2) .(1B) The Lord Chancellor must appoint the persons falling within paragraphs (e) to (g) of subsection (2) .either two or three judges of the F23Senior Courts,one Circuit judge,either one or two district judgesone person who is a judge of the Senior Courts, a Circuit judge or a district judge and who has particular experience of the law applicable in Wales,one person who is a Master referred to in Part II of Schedule 2 to the three persons who have a F23Senior Courts qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990) , including at least one with particular experience of practice in F28 the county court ,three persons who have been F25authorised by a relevant approved regulator to conduct litigation in relation to all proceedings in the F23Senior Courts, including at least one with particular experience of practice in F28 the county court , F18andtwo persons with experience in and knowledge of the lay advice sector or consumer affairs.(2A) (3) Before appointing a person in accordance with subsection (1A) , the Lord Chief Justice must consult the Lord Chancellor.has members who are eligible for appointment under that paragraph, andis an authorised body for the purposes of section 27 or 28 of the Courts and Legal Services Act 1990.(5) The Lord Chancellor may reimburse the members of the Civil Procedure Rule Committee their travelling and out-of-pocket expenses.consult such persons as they consider appropriate, andmeet (unless it is inexpedient to do so) .(7) The Civil Procedure Rule Committee must, when making Civil Procedure Rules, try to make rules which are both simple and simply expressed.(8) Rules made by the Civil Procedure Rule Committee must be signed by at least eight members of the Committee and be submitted to the Lord Chancellor, who may allow or disallow them.(9) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.(9) If the Lord Chancellor disallows rules under subsection (8) , he must give the Civil Procedure Rule Committee written reasons for doing so.

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