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The Civil Procedure (Amendment No. 2) Rules 2019

As Enacted Cited authorities 17 Cited in Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2019/1034
Year2019

2019 No. 1034 (L. 6)

Senior Courts Of England And Wales

The Civil Procedure (Amendment No. 2) Rules 2019

Made 26th June 2019

Laid before Parliament 28th June 2019

Coming into force 31th July 2019

The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 19971(“the CPA”) to make rules of court under section 1 of the CPA and section 20(1) and (5) of the Guardianship (Missing Persons) Act 20172, after consulting in accordance with section 2(6)(a) of the CPA, makes the following Rules.

Citation, commencement and interpretation
S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Civil Procedure (Amendment No. 2) Rules 2019 and come into force on 31st July 2019.

(2) In these Rules, a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 19983.

Amendments to Part 57 of the Civil Procedure Rules 1998

Amendments to Part 57 of the Civil Procedure Rules 1998

S-2 Part 57 of the Civil Procedure Rules 1998 is amended as follows.

Part 57 of the Civil Procedure Rules 1998 is amended as follows.

2. Part 57 of the Civil Procedure Rules 1998 is amended as follows.

S-3 For the title to the Part, substitute “PROBATE, INHERITANCE,...

3. For the title to the Part, substitute “PROBATE, INHERITANCE, PRESUMPTION OF DEATH AND GUARDIANSHIP OF MISSING PERSONS”.

S-4 In the table of contents, at the end, insert— Requirement to...

4. In the table of contents, at the end, insert—

“Requirement to send copy of declaration to the Public Guardian

Rule 57.24

SECTION VI – PROCEEDINGS UNDER THE GUARDIANSHIP (MISSING PERSONS) ACT 2017

Scope and interpretation

Rule 57.25

Proceedings to be in the High Court

Rule 57.26

Procedure for making claims for a guardianship order

Rule 57.27

Procedure for making applications for revocation/variation of guardianship orders and applications relating to guardianship orders

Rule 57.28

Giving notice and advertisement of claim for a guardianship order or an application for a revocation/variation order

Rule 57.29

Giving notice and advertisement of applications relating to guardianship orders or the potential exercise of powers under the 2017 Act

Rule 57.30

Interveners

Rule 57.31

Requirement to send a copy of all orders made to the Public Guardian

Rule 57.32

Death of the missing person

Rule 57.33”.
S-5 In rule 57.1(1)— in sub-paragraph (d), omit “and”; in...

5. In rule 57.1(1)—

(a) in sub-paragraph (d), omit “and”;

(b) in sub-paragraph (e), for “.” substitute “; and”;

(c) after sub-paragraph (e) insert—

“(f)

“(f) proceedings under the Guardianship (Missing Persons) Act 2017.”.

S-6 After rule 57.23, insert— 57.24 Requirement to send copy of...

6. After rule 57.23, insert—

S-57.24

“Requirement to send copy of declaration to the Public Guardian

57.24. Where a declaration of presumed death made under the 2013 Act satisfies section 3(3)(a) or (b) of that Act, the court must send a copy of the declaration to the Public Guardian.”.

S-7 After rule 57.24 as inserted by rule 6 of these Rules, insert...

7. After rule 57.24 as inserted by rule 6 of these Rules, insert Section VI (Proceedings under the Guardianship (Missing Persons) Act 2017), containing rules 57.25 to 57.33, as set out in the Schedule to these Rules.

The Right Honourable Sir Terence Etherton, MR

Lord Justice Coulson

Mr Justice Birss

His Honour Judge Milwyn Jarman

District Judge Michael Hoyington

District Judge Christopher Letham

Dr Anja Lansbergen-Mills

John McQater

Andrew Underwood

Master Cook

Paul Maynard

Parliamentary Under-Secretary of State for Justice

Ministry of Justice

26th June 2019

SCHEDULE

Rule 7

SCHEDULE

“PROCEEDINGS UNDER THE GUARDIANSHIP (MISSING PERSONS) ACT 2017

Scope and interpretation

This Section contains rules about proceedings under the Guardianship (Missing Persons) Act 2017.

In this Section, terms used in the Guardianship (Missing Persons) Act 2017 have the meaning given by that Act, and—

“the 2017 Act” means the Guardianship (Missing Persons) Act 2017;

“the missing person” means the person who is or has been asserted to be “missing” within the meaning of the 2017 Act;

“a claim for a guardianship order” means an application under section 2 (applying for a guardianship order) of the 2017 Act for a guardianship order;

“an application for a revocation/variation order” means—an application under section 12 (variation of a guardianship order) of the 2017 Act for an order varying a guardianship order; oran application under section 13 (revocation of a guardianship order) of the 2017 Act for an order revoking a guardianship order;

“an application relating to a guardianship order” means any application which relates to the exercise of functions of a guardian but which is not a claim for a guardianship order or an application for a revocation/variation of a guardianship order;

“an intervener” means either a person who falls within section 21(1) of the 2017 Act and who has given notice of intention to intervene, or a person to whom the court has given permission to intervene.

Proceedings to be in the High Court

Proceedings under the 2017 Act must be issued in the High Court in either—

the Chancery Division; or

the Family Division.

The Civil Procedure Rules apply to proceedings under the 2017 Act which are brought in the Family Division, except that in the Family Division the provisions of Part 29 of the Family Procedure Rules 20104relating to the drawing up and service of orders shall apply instead of the provisions in the Civil Procedure Rules Part 40 and Practice Direction 40B.

Procedure for making claims for a guardianship order

A claim for a guardianship order must be made by issuing a claim form in accordance with Part 8.

Following issue, the court shall fix a date for the first hearing of the claim and which shall, unless the court otherwise orders, be not less than 56 days from the date of issue; but any person may apply for the claim or an application to be heard at an earlier date.

In addition to the matters set out in rule 8.2 (contents of the claim form), the claim form must also include the information required by paragraph 1.1 of Practice Direction 57C and be accompanied by a witness statement containing the information required by paragraph 1.2 and, where appropriate, paragraph 1.3 of Practice Direction 57C.

The claim form must name the missing person as the defendant but—

the claimant need take no steps to serve the claim form upon the missing person unless the court orders otherwise;

the court shall consider at the first hearing what, if any, directions to...

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