The Civil Procedure (Amendment) Rules 2007
| Jurisdiction | UK Non-devolved |
| Citation | SI 2007/2204 |
| Year | 2007 |
2007 No. 2204 (L. 20)
supreme court of england and walescounty courts, england and wales
The Civil Procedure (Amendment) Rules 2007
Made 26th July 2007
Laid before Parliament 27th July 2007
Coming into force 1st October 2007
The Civil Procedure Rule Committee, in exercise of the power conferred by section 2 of the Civil Procedure Act 19971to make rules of court under section 1 of that Act, after consulting in accordance with section 3(1)(a)2of that Act makes the following Rules:
Citation, commencement and interpretation
1. These Rules may be cited as the Civil Procedure (Amendment) Rules 2007 and come into force on 1st October 2007.
2. In these Rules—
(a) a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 19983;
(b) a reference to an Order by number and prefixed “RSC” means the RSC Order so numbered in Schedule 1 to those Rules; and
(c) a reference to an Order by number and prefixed “CCR” means the CCR Order so numbered in Schedule 2 to those Rules.
Amendments to the Civil Procedure Rules 1998
3. In Part 2—
(a) for the fourth entry in the table following rule 2.1(2) substitute—
“Proceedings before the Court of Protection |
Mental Capacity Act 20054, s.51”; and |
(b) in rule 2.3(1), for “patient” substitute “protected party”.
4. In Part 6—
(a) in the table of contents, for “patients” substitute “protected parties”;
(b) in rule 6.6(1), in the first sentence, for “patient” substitute “protected party”;
(c) for the table in rule 6.6(1) substitute—
“Type of document |
Nature of party |
Persons to be served |
Claim form |
Child who is not also a protected party |
One of the child’s parents or guardians; or if there is no parent or guardian, an adult with whom the child resides or in whose care the child is. |
Claim form |
Protected party |
One of the following persons with authority in relation to the protected party as: (i) the attorney under a registered enduring power of attorney, (ii) the donee of a lasting power of attorney, (iii) the deputy appointed by the Court of Protection; or if there is no such person, an adult with whom the protected party resides or in whose care the protected party is. |
Application for an order appointing a litigation friend, where the child or protected party has no litigation friend |
Child or protected party |
See rule 21.8. |
Any other document |
Child or protected party |
The litigation friend who is conducting the proceedings on behalf of the child or protected party.”; and |
(d) in rule 6.6(2), for “patient” substitute “protected party”.
5. In Part 12—
(a) in rule 12.10(a)(i), for “patient” substitute “protected party”; and
(b) in rule 12.11(3), for “patient” substitute “protected party”.
6. In rule 14.1(4) and the parenthesis following rule 14.1(4)(b), in each place where it appears, for “patient” substitute “protected party”.
7. For rule 19.9 substitute the rules set out in Schedule 1 to these Rules.
8. For Part 21 substitute Part 21 (children and protected parties) as set out in Schedule 2 to these Rules.
In rule 30.7, for “patient” substitute “protected party”.
9. In rule 30.7, for “patient” substitute “protected party”.
In rule 32.13(3)(e), for “patient” substitute “protected party”.
10. In rule 32.13(3)(e), for “patient” substitute “protected party”.
11. For the parenthesis following rule 36.9(2) substitute—
“(Rule 21.10 deals with compromise etc. by or on behalf of a child or protected party.)”.
In rule 39.2(3)(d), for “patient” substitute “protected party”.
12. In rule 39.2(3)(d), for “patient” substitute “protected party”.
In rule 45.10(2)(c), for “patient” substitute “protected party”.
13. In rule 45.10(2)(c), for “patient” substitute “protected party”.
14. In Part 46—
(a) in the parenthesis following rule 46.1(2)(c), for “patients” substitute “protected parties”;
(b) in rule 46.2(1), in the table—
(i) for “Up to £3,000” substitute “No more than £3,000”;
(ii) for “£350” substitute “£485”;
(iii) for “£500” substitute “£690”; and
(iv) for “£750” substitute “£1,035”;
(c) in rule 46.3(2), for “£250” substitute “£345”; and
(d) in rule 46.3(4), for “£350” substitute “£485”.
15. In Part 47—
(a) in rule 47.3(1)(c), for “patient” substitute “protected party”; and
(b) in rule 47.22, for “14” substitute “21”.
16. In Part 48—
(a) in the table of contents, for “patient” substitute “protected party”;
(b) in the heading to rule 48.5, for “patient” substitute “protected party”;
(c) in rule 48.5 and the parentheses in that rule, in each place where it appears for “patient” substitute “protected party”; and
(d) in the parenthesis after rule 48.5(1)(b), for “are defined in rule 2.3” substitute “have the same meaning as in rule 21.1(2)”.
17. For rule 49(2) substitute—
“2 The proceedings referred to in paragraph (1) are proceedings under—
(a) the Companies Act 19855;
(b) the Companies Act 19896;
(c) the Companies Act 20067; and
(d) other legislation relating to companies.”.
18. In Part 52—
(a) in the table of contents, after the entry “Non-disclosure of Part 36 offers and payments”, insert—
“Statutory appeals – court’s power to hear any person |
Rule 52.12A”; |
(b) at the end of the table of contents, insert—
“IV STATUTORY RIGHTS OF APPEAL |
|
Appeals under the Law of Property Act 19228 |
Rule 52.18 |
Appeals from certain tribunals |
Rule 52.19 |
Appeals under certain planning legislation |
Rule 52.20”; |
(c) after rule 52.12, insert—
“Statutory appeals – court’s power to hear any person
52.12A.—(1) In a statutory appeal, any person may apply for permission—
(a)
(a) to file evidence; or
(b)
(b) to make representations at the appeal hearing.
(2) An application under paragraph (1) must be made promptly.”; and
(d) after rule 52.17, insert—
“(52.18) Appeals under the Law of Property Act 1922(VI STATUTORY RIGHTS OF APPEAL)
“(52.18) Appeals under the Law of Property Act 1922
(VI STATUTORY RIGHTS OF APPEAL) An appeal lies to the High Court against a decision of the Secretary of State under paragraph 16 of Schedule 15 to the Law of Property Act 19229.
(52.19) Appeals from certain tribunals
(1)
(1) A person who was a party to proceedings before a tribunal referred to in section 11(1) of the Tribunals and Inquiries Act 199210and is dissatisfied in point of law with the decision of the tribunal may appeal to the High Court.
(2)
(2) The tribunal may, of its own initiative or at the request of a party to the proceedings before it, state, in the form of a special case for the decision of the High Court, a question of law arising in the course of the proceedings.
(52.20) Appeals under certain planning legislation
(1)
(1) Where the Secretary of State has given a decision in proceedings on an appeal under Part VII of the Town and Country Planning Act 199011against an enforcement notice—
(a) the appellant;
(b) the local planning authority; or
(c) another person having an interest in the land to which the notice relates,
may appeal to the High Court against the decision on a point of law.
(2)
(2) Where the Secretary of State has given a decision in proceedings on an appeal under Part VIII of that Act against a notice under section 207 of that Act—
(a) the appellant;
(b) the local planning authority; or
(c) any person (other than the appellant) on whom the notice was served,
may appeal to the High Court against the decision on a point of law.
(3)
(3) Where the Secretary of State has given a decision in proceedings on an appeal under section 39 of the Planning (Listed Buildings and Conservation Areas) Act 199012against a listed building enforcement notice—
(a) the appellant;
(b) the local planning authority; or
(c) any other person having an interest in the land to which the notice relates,
may appeal to the High Court against the decision on a point of law.”.
19. In Part 65—
(a) At the end of the table of contents, insert—
|
“VI DRINKING BANNING ORDERS UNDER THE VIOLENT CRIME REDUCTION ACT 2006 Scope of this Section and interpretation |
Rule 65.31 |
Application where the relevant authority is a party in principal proceedings |
Rule 65.32 |
Application where the relevant authority is not a party in principal proceedings |
Rule 65.33 |
Application by a relevant authority to join a person to the principal proceedings |
Rule 65.34 |
Evidence |
Rule 65.35 |
Application for an interim order |
Rule 65.36 |
VII PARENTING ORDERS UNDER THE ANTI-SOCIAL BEHAVIOUR ACT 2003 |
|
Scope of this Section and interpretation |
Rule 65.37 |
Applications for parenting orders |
Rule 65.38 |
Applications by the relevant authority to be joined to proceedings |
Rule 65.39 |
Applications by the relevant authority to join a parent to proceedings |
Rule... |
To continue reading
Request your trial