NOTES TO ACCOMPANY MARCH 2005 39th UPDATE
The 39th Update to the Civil Procedure Rules introduces change in two areas: asylum and immigration, and applications under section 29 of the Mental Health Act 1983.
- CCR Order 49, rule 12(3)(b) is altered to enable a patient to be made a respondent to an application under section 29 of the Mental Health Act 1983 for an order that the functions of his nearest relative shall be exercisable by some other person.
- A new section III is added to Part 54, setting out the procedure for applications to the High Court under new section 103A of the Nationality, Immigration and Asylum Act 2002. An application may be made under that section for an order that the Asylum and Immigration Tribunal (AIT) reconsider its decision on an appeal, on the ground that the AIT made an error of law. This is part of the wider reforms set out in the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 which, amongst other things, creates the AIT in place of the current immigration adjudicators and Immigration Appeal Tribunal.
- Consequential amendments are made to Section II of part 54.
Coming into Force
In addition, it has now been confirmed that the elements of Update 37 due to come into force on the date of entry into force of sections 100 and 101 of the Courts Act 2003 will be coming into force on 1st April 2005.
All of the amendments contained in this update come into force on 4th April 2005.
Rule 9 of the statutory instrument which amends the rules sets out transitional provisions. They apply to cases where, once the new provisions relating to immigration and asylum appeals come into force on 4th April 2005, either:
- a pending application for permission to appeal to the Immigration Appeal Tribunal continues as an application to the High Court under section 103A of the 2002 Act; or
- a section 103A application is made for an order requiring the AIT to reconsider an adjudicator's decision.
(The circumstances in which these events will occur will be set out in a commencement order made under section 48 of the 2004 Act.)
Rule 9 provides that the new Section III of Part 54 applies to these applications, but with the following modifications to reflect the fact that the appeal was originally decided by an adjudicator rather than the AIT:
- in rules 54.28(2)(c), 54.29(2) to (4) and 54.33(3) and (5)(a), references to the AIT are to be read as referring to the adjudicator who decided the appeal; and
- in rules 54.28(2)(g) and 54.33(4)(b) and (5), references to the AIT's decision on the appeal are to be read as referring to the adjudicator's decision.
A full list of the changes is set out below:
- Part 54
- Rule 54.24(1) – ‘Asylum and Immigration Tribunal’ substituted for ‘Tribunal’.
- Rule 54.25 – New text substituted for paragraphs (3) to (7).
- 54.26(1)(c) and 54.27 – ‘Asylum and Immigration Tribunal’ substituted as above.
- New Section III inserted.
- CCR O.49
- Text omitted in rule 12(3)(b).
- Practice Direction 52
- Paragraph 21.7 replaced with new text.
- Paragraph 21.7A added.
- THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKPractice Direction 54B
- New PD 54B inserted after existing PD 54.