The Civil Procedure (Modification of Crown Proceedings Act 1947) Order 2005

JurisdictionUK Non-devolved
CitationSI 2005/2712
Year2005

2005 No. 2712

CROWN PROCEEDINGS

The Civil Procedure (Modification of Crown Proceedings Act 1947) Order 2005

Made 30th September 2005

Coming into force in accordance with Article 1

The Lord Chancellor, in exercise of the powers conferred on him by section 4(2) of the Civil Procedure Act 19971, hereby makes the following Order, a draft of which has, in accordance with section 4(5) of that Act, been laid before and approved by resolution of each House of Parliament:

S-1 This Order may be cited as the Civil Procedure (Modification of...

1.—(1) This Order may be cited as the Civil Procedure (Modification of Crown Proceedings Act 1947) Order 2005, and shall come into force on the day after the day on which it is made.

(2) In this Order, “the Act” means the Crown Proceedings Act 19472, and a section identified by number alone means a section of the Act.

S-2 The provisions of the Act listed in Schedule 1 to this Order...

2. The provisions of the Act listed in Schedule 1 to this Order are amended or repealed to the extent there specified.

S-3 Schedule 2 to this Order contains amendments consequential on...

3. Schedule 2 to this Order contains amendments consequential on those made to section 20.

S-4 The amendment or repeal of a provision of the Act by this...

4. The amendment or repeal of a provision of the Act by this Order does not affect the Act as extended to Northern Ireland by an Order in Council made under section 533.

Falconer of Thoroton, C

30th September 2005

SCHEDULE 1

Article 2

Crown Proceedings Act 1947

SCH-1.1

1. In section 15(2), for “county court rules” substitute “rules of court”.

SCH-1.2

2. In section 16, the words “and county court rules” are repealed.

SCH-1.3

3. Section 19 is repealed.

SCH-1.4

4. In section 20—

(a) subsection (1) is repealed;

(b) in subsection (2), the words “Without prejudice to the rights of the Crown under the preceding provisions of this section,” are repealed.

SCH-1.5

5. In section 22, for “, rules of court and county court rules” substitute “and rules of court”.

SCH-1.6

6. In section 27(2), the words from “, but with the substitution” to the end of the subsection are repealed.

SCH-1.7

7. In section 28(1), the words “and county court rules” are repealed.

SCH-1.8

8. In section 35—

(a) for the side-note, substitute “Rules of court”;

(b) in subsection (1), the words “or county court rules” are repealed;

(c) in subsection (2)—

(i) in the introductory words, the words “and county court rules” are repealed;

(ii) in paragraph (b), for the words from “the plaintiff shall” to “reasonably require” there are substituted the words “the claimant shall provide the Crown with information”;

(iii) paragraphs (c), (d) and (e) are repealed.

SCH-1.9

9. In section 38—

(a) in subsection (1), the words “or county court rules” are repealed;

(b) in subsection (2), in the definition of “Prescribed”, the words “or county court rules, as the case may be” are repealed.

SCHEDULE 2

Article 3

...

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