Rule 1
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(1)
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In this rule, the 1992 Act means the
Access to Neighbouring Land Act 1992, a section referred to by number means the
section so numbered in the 1992 Act and expressions which are defined in the
1992 Act have the same meaning in this rule as they have in that Act.
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(2)
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An application for an access order under section 1
of the 1992 Act shall be made by the issue of a claim form which shall be filed
in the court for the district in which the dominant land is situated.
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(3)
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The application shall -- identify the dominant land and the servient
land and state whether the dominant land is or includes residential
land;
- specify the works alleged to be necessary for
the preservation of the whole or a part of the dominant land;
- state why entry upon the servient land is
required and specify the area to which access is required by reference, if
possible, to a plan annexed to the application;
- give the name of the person who will be
carrying out the works if it is known at the time of the application;
- state the proposed date on which, or the
dates between which, the works are to be started and their approximate
duration; and
- state what (if any) provision has been made
by way of insurance in the event of possible injury to persons or damage to
property arising out of the proposed works.
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(4)
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The respondents shall be the owner and the occupier
of the servient land and any respondent who wishes to be heard on the
application shall file an answer within 14 days after the date of service of
the application on him.
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(5)
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Order 24, rule 3 shall apply with the necessary
modifications to service of the claim form under this rule.
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(6)
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The court may direct that a copy of the claim form
shall be served on any person who may be affected by the proposed entry and any
such person may, within 14 days after service of the claim form on him, apply
to be made a respondent to the application.
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(7)
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The application may be heard and determined by the
district judge.
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Rule 2.
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(1)
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A notice to repair under section 2 of the Chancel
Repairs Act 1932 shall -- identify the responsible authority by whom it
is given and the chancel alleged to be in need of repair;
- state the repairs alleged to be necessary and
the grounds on which the person to whom the notice is addressed is alleged to
be liable to repair the chancel; and
- call upon that person to put the chancel in
proper repair,
and shall be served in accordance with paragraph
1A.
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(1A)
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The notice may be served -- where no solicitor is acting for the person
to be served, by delivering it to him personally, or by delivering it at, or
sending it by first-class post to his address for service or, if he has no
address for service by -
- delivering it at his residence or by
sending it by first-class post to his last known residence; or
- in the case of a proprietor of a
business, delivering it at his place of business or sending it by first class
post to his last known place of business.
- Where a solicitor is acting for the person to
be served -
- by delivering it at, or sending it by
first-class post to the solicitors address for service; or
- where the solicitors address for
service includes a numbered box at a document exchange, by leaving it at that
document exchange or at a document exchange which transmits documents daily to
that document exchange.
- For the purpose of this rule first class post
means prepaid post or post in respect of which pre payment is not
required.
- Any document which is left at a document
exchange shall be deemed served on the second day after the day on which it was
left, unless the contrary is shown.
- In determining for the purposes of this rule
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- whether a document exchange transmits
documents daily to another document exchange; and
- the second day after the day on which a
document was left at a document exchange,
any day on which the court office is closed
shall be excluded.
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(2)
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Proceedings to recover the sum required to put a
chancel in proper repair shall be started by a claim form.
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(3)
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An application for the permission of the court
under the proviso to subsection (2) of the said section 2 may be made in
accordance with CPR Part 23.
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(4)
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If the court is satisfied that the defendant has a
defence to the claim on the merits, the court may, on an application made by
the defendant in accordance with CPR Part 23 order the claimant to give
security for the defendants costs.
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(5)
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Where judgment is given for the payment of a sum of
money in respect of repairs not yet executed, the court may order that the
money be paid into court and dealt with in such manner as the court may direct
for the purpose of ensuring that the money is spent in executing the repairs,
but nothing in this paragraph shall prejudice a solicitors lien for
costs.
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Rule 4
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(1)
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In this rule the Act means the
Consumer Credit Act 1974, a section referred to by number means the section so
numbered in the Act and expressions which are defined in the Act have the same
meaning in this rule as they have in the Act.
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(2)
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This rule only applies to claims relating to
land.
(Claims under the Act relating to money only shall
be started by a claim form issued in accordance with CPR Part 7, and claims
relating to recovery of goods shall be made in accordance with the procedure
set out in the CPR Consumer Credit Act practice direction)
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(3)
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Where in any claim relating to a regulated
agreement the debtor or any surety has not been served with the claim form, the
court may, on the claimants application made in accordance with CPR Part
23 without notice, at or before the hearing of the claim, dispense with the
requirement in section 141(5) that the debtor or surety, as the case may be,
shall be made a party to the proceedings.
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(4)
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Where a claim relating to a regulated agreement is
brought by a person to whom a former creditors rights and duties under
the agreement have been passed by assignment or by operation of law, the
requirement in section 141(5) that all parties to the agreement shall be made
parties to the claim shall not apply to the former creditor unless the court so
directs.
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(5)
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An application under section 129(1)(b) may be made
by a claim form and the claim form -- shall be filed in the court for the district
in which the applicant resides or carries on business; and
- shall state -
- the date of the agreement and the
parties to it with the number of the agreement or sufficient particulars to
enable the respondent to identify the agreement and details of any
sureties;
- if the respondent was not one of the
original parties to the agreement, the name of the original party to the
agreement;
- the names and addresses of the persons
intended to be served with the application;
- the place where the agreement was
signed by the applicant;
- details of the notice served by the
respondent giving rise to the application;
- the total unpaid balance admitted to be
due under the agreement and the amount of any arrears (if known) together with
the amount and frequency of the payments specified by the agreement;
- the applicants proposals as to
payment of any arrears and of future instalments together with details of his
means;
- where the application relates to a
breach of the agreement other than the non-payment of money, the
applicants proposals for remedying it.
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(6)
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Any application under section 131 may be heard and
determined by the judge or by the district judge.
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(9)
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An application for an enforcement order may be made
-- by a claim form asking for permission to
enforce the agreement in respect of which the order is sought; or
- if, apart from the need to obtain an
enforcement order, the creditor is entitled to payment of the money or
possession of land to which the agreement relates, by a claim to recover the
money or land.
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(10)
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A claim form under paragraph (9)(a) and the
particulars of claim in a claim brought pursuant to paragraph (9)(b) shall
state the circumstances rendering an enforcement order necessary.
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(11)
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Paragraph (9) shall apply to an order under section
86(2), 92(2) or 126 as it applies to an enforcement order, so however that in
the case of an order under section 86(2) the personal representatives of the
deceased debtor or hirer shall be made parties to the proceedings in which the
order is sought, or, if no grant of representation has been made to his estate,
the applicant shall, forthwith after commencing the proceedings, apply to the
court for directions as to what persons, if any, shall be made parties to the
proceedings as being affected or likely to be affected by the enforcement of
the agreement.
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(14)
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An application to a county court under section
139(1)(a) for a credit agreement to be reopened shall be made by a claim
form.
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(15)
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Where in any such proceedings in a county court as
are mentioned in section 139(1)(b) or (c), the debtor or a surety desires to
have a credit agreement reopened, he shall, within 14 days after the service of
the claim form on him, give notice to that effect to the court and to every
other party to the proceedings and thereafter the debtor or surety, as the case
may be, shall be treated as having delivered a defence or answer.
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Rule 5
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(1)
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In this rule a section referred to by number means
the section so numbered in the Fair Trading Act 1973 and the
Director means the Director General of Fair Trading.
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(2)
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Proceedings in a county court under section 35, 38
or 40 shall be started by a claim form.
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(3)
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The respondent shall file an answer.
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(4)
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Where in any proceedings under section 35 or 38 the
Director intends to apply for a direction under section 40(2) that any order
made against a body corporate (in this rule referred to as the
respondent body) which is a member of a group of interconnected
bodies corporate shall be binding on all members of the group, he shall file
notice of his intention together with as many copies of the claim form and of
the notice as are required for the purposes of paragraph (5).
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(5)
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A copy of any notice under paragraph (4) shall be
served on the respondent body and a copy of the notice together with a copy of
the claim form and a notice of the return day shall be served on each of the
bodies corporate specified in the notice under paragraph (4).
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(6)
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The respondent body may at any time serve on the
Director a notice containing particulars of any interconnected body corporate
not mentioned in a notice under paragraph (4).
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(7)
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With a view to deciding whether or in respect of
which bodies notice should be given under paragraph (4) the Director may serve
on the respondent body a notice requiring that body to give to him within 14
days after service of the notice particulars of any interconnected bodies
corporate belonging to the same group as the respondent body and a copy of any
such notice shall be filed.
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(8)
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An application under section 40(3) shall be made on
notice to the respondent body and every interconnected body belonging to the
same group.
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Rule 6A
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(1)
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In this rule, the 1988 Act means the
Housing Act 1988 and dwelling-house has the same meaning as in
Part I of the 1988 Act.
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(2)
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This rule applies to proceedings brought by a
landlord under section 21 of the 1988 Act
(185)
to recover possession of a
dwelling-house let on an assured shorthold tenancy on the expiry or termination
of that tenancy in a case where all the conditions mentioned in paragraph (3)
below (or, as the case may be, paragraph (9)) are satisfied.
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(3)
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The conditions referred to in paragraph (2) are
these -- The tenancy and any agreement for the tenancy
were entered into on or after 15 January 1989.
- The only purpose of the proceedings is to
recover possession of the dwelling-house and no other claim is made in the
proceedings (such as for arrears of rent).
- The tenancy -
- was an assured shorthold tenancy and
not a protected, statutory or housing association tenancy under the Rent Act
1977
(186)
;
- did not immediately follow an assured
tenancy which was not an assured shorthold tenancy;
- fulfilled the conditions provided by
section 19A or section 20(1)(a) to (c) of the 1988 Act
(187)
;
and
- was the subject of a written
agreement.
- Where the tenancy and any agreement for the
tenancy were entered into before 28 February 1997, a notice in writing was
served on the tenant in accordance with section 20(2) of the 1988 Act and the
proceedings are brought against the tenant on whom that notice was
served.
- A notice in accordance with section 21(1)(b)
of the 1988 Act was given to the tenant in writing.
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(4)
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Where the conditions mentioned in paragraph (3) or
paragraph (9) of this rule are satisfied, the landlord may bring possession
proceedings under this rule instead of making a claim in accordance with Order
6, rule 3 (claim for recovery of land by claim form).
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(5)
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The application must be made in the prescribed form
and a copy of the application, with a copy for each defendant, shall be filed
in the court for the district in which the dwelling-house is situated.
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(6)
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The application shall include the following
information and statements -- A statement identifying the dwelling-house
which is the subject matter of the proceedings.
- A statement that the dwelling-house (or
another dwelling-house) was not let to the tenant by the landlord (or any of
his predecessors) before 15 January 1989.
- A statement that possession is claimed on the
expiry of an assured shorthold tenancy under section 21 of the 1988 Act giving
sufficient particulars to substantiate the claimants claim to be
entitled to possession.
- Where the tenancy and any agreement for the
tenancy were entered into before 28 February 1997, a statement that a written
notice was served on the tenant in accordance with section 20(2) of the 1988
Act.
- A statement that a notice in writing was
given to the tenant in accordance with section 21(1) of the 1988 Act specifying
the date on which, and the method by which, the notice was given.
- In a case where the original fixed term
tenancy has expired, a statement that no other assured tenancy is in existence
other than an assured shorthold periodic tenancy (whether statutory or
not).
- A statement confirming that there is no power
under the tenancy agreement for the landlord to determine the tenancy (within
the meaning given for the purposes of Part I of the 1988 Act by section 45(4)
of the 1988 Act) at a time earlier than 6 months from the beginning of the
tenancy.
- A statement that no notice under section
20(5) of the 1988 Act has been served.
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(7)
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Copies of the following documents shall be attached
to the application -- the first written tenancy agreement and
the current (or most recent) written tenancy agreement;
- where the tenancy and any agreement for
the tenancy were entered into before 28 February 1997 the written notice served
in accordance with section 20(2) of the 1988 Act; and
- the notice in writing given in
accordance with section 21 of the 1988 Act,
together with any other documents necessary to
prove the claim.
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(8)
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The statements made in the application and any
documents attached to the application shall be verified by the claimant on
oath.
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(9)
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Where on the coming to an end of an assured
shorthold tenancy (including a tenancy which was an assured shorthold but
ceased to be assured before it came to an end) a new assured shorthold tenancy
of the same or substantially the same premises (in this paragraph referred to
as the premises) comes into being under which the landlord and
the tenant are the same as at the coming to an end of the earlier tenancy, then
the provisions of this rule apply to that tenancy but with the following
conditions instead of those in paragraph (3) -- The tenancy and any agreement for the tenancy
were entered into on or after 15 January 1989.
- The only purpose of the proceedings is to
recover possession of the dwelling-house and no other claim is made in the
proceedings (such as for arrears of rent).
- The tenancy in relation to which the
proceedings are brought -
- is an assured shorthold tenancy within
the meaning of section 20 of the 1988 Act and consequently is not a protected,
statutory or housing association tenancy under the Rent Act 1977;
- did not immediately follow an assured
tenancy which was not an assured shorthold tenancy; and -
- is the subject of a written
agreement; or
- is on the same terms (though not
necessarily as to rent) as a tenancy which was the subject of a written
agreement and arises by virtue of section 5 of the 1988 Act; or
- relates to the same or
substantially the same premises which were let to the same tenant and is on the
same terms (though not necessarily as to rent or duration) as a tenancy which
was the subject of a written agreement.
(Where the tenancy in relation to which the
proceedings are brought arises by virtue of section 5 of the 1988 Act but
follows a tenancy which was the subject of an oral agreement, the conditions
mentioned in sub-paragraph (c)(ii)(ab) or (ac) above is not satisfied.
- Where the agreement and any agreement for the
tenancy were entered into before 28 February 1997, a written notice was served
in accordance with section 20(2) of the 1988 Act on the tenant in relation to
the first assured shorthold tenancy of the premises and the proceedings are
brought against the tenant on whom that notice was served.
- A notice in writing was given to the tenant
in accordance with section 21(4) of the 1988 Act.
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(10)
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In a case to which paragraph (9) applies, the
application shall include the following information and statements
-- A statement identifying the dwelling-house
which is the subject matter of the proceedings.
- A statement identifying the nature of the
tenancy, namely -
- whether it is the subject of a written
agreement;
- whether the tenancy arises by virtue of
section 5 of the 1988 Act; or
- where it is the subject of an oral
agreement, that the tenancy is periodic or for a fixed term, and if for a fixed
term, the length of the term and the date of termination.
- A statement that the dwelling-house (or
another dwelling-house) was not let to the tenant by the landlord (or any of
his predecessors) before 15 January 1989.
- A statement that possession is claimed under
section 21 of the 1988 Act giving sufficient particulars to substantiate the
claimants claim to be entitled to possession.
- Where the tenancy and any agreement for the
tenancy were entered into before 28 February 1997, a statement that a written
notice was served in accordance with section 20(2) of the 1988 Act in relation
to the first assured shorthold tenancy of the premises on the tenant against
whom the proceedings are brought.
- A statement that a notice in writing was
given to the tenant in accordance with section 21(4) of the 1988 Act specifying
the date on which, and the method by which, the notice was given.
- In a case where the tenancy is a fixed term
tenancy which has expired, a statement that no other assured tenancy is in
existence other than an assured shorthold periodic tenancy (whether statutory
or not).
- A statement confirming that there was no
power under the tenancy agreement for the landlord to determine (within the
meaning given for the purposes of Part I of the 1988 Act by section 45(4) of
the 1988 Act) the first assured shorthold tenancy of the premises to the tenant
against whom the proceedings are brought at a time earlier than 6 months from
the beginning of the tenancy.
- A statement that no notice under section
20(5) of the 1988 Act has been served.
- The amount of rent which is currently
payable.
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(11)
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Service of the application and of the attachments
shall be effected by an officer of the court sending them by first-class post
to the defendant at the address stated in the application and paragraphs (3C)
and (3D) of Order 25, rule 3 and Order 7, rule 15 (service of claim form for
recovery of land) shall apply as they apply where service is effected under
those rules.
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(12)
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A defendant who wishes to oppose the
claimant s application must, within 14 days after the service of the
application on him, complete and deliver at the court office the form of reply
which was attached to the application.
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(13)
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On receipt of the defendants reply the court
shall -- send a copy of it to the claimant;
- refer the reply and the claimants
application to the judge and where a reply is received after the period
mentioned in paragraph (12) but before a request is filed in accordance with
paragraph (14) the reply shall be referred without delay to the judge.
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(14)
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Where the period mentioned in paragraph (12) has
expired without the defendant filing a reply, the claimant may file a written
request for an order for possession and the court shall without delay refer any
such request to the judge.
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(15)
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After considering the application and the
defendants reply (if any), the judge shall either -- make an order for possession under paragraph
(17); or
- fix a day for a hearing under paragraph (16)
and give directions regarding the steps to be taken before and at the
hearing.
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(16)
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The court shall fix a day for the hearing of the
application where the judge is not satisfied as to any of the following
-- where the tenancy and any agreement for the
tenancy were entered into before 28 February 1997 that a written notice was
served in accordance with section 20 of the 1988 Act;
- that a written notice was given in accordance
with section 21 of the 1988 Act;
- that service of the application was duly
effected; or
- that the claimant has established that he is
entitled to recover possession under section 21 of the 1988 Act against the
defendant.
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(17)
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Except where paragraph (16) applies, the judge
shall without delay make an order for possession without requiring the
attendance of the parties.
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(17A)
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Where the defendant seeks postponement of
possession on the ground of exceptional hardship under section 89 of the
Housing Act 1980
(188)
, the judge may direct a hearing of
that issue.
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(17B)
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Where the judge directs a hearing under paragraph
(17A) it must be held before the date on which possession is to be given
up.
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(17C)
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Where the judge is satisfied, on a hearing directed
under paragraph (17A), that exceptional hardship would be caused by requiring
possession to be given up by the date in the order of possession, he may vary
the date on which possession must be given up.
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(18)
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Where a hearing is fixed under paragraph (16)
-- the court shall give to all parties not less
than 14 days notice of the day so fixed;
- the judge may give such directions regarding
the steps to be taken before and at the hearing as may appear to him to be
necessary or desirable.
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(19)
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The court may, on application made on notice in
accordance with CPR Part 23 within 14 days of service of the order or of its
own initiative, set aside, vary or confirm any order made under paragraph
(17).
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(20)
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A district judge shall have power to hear and
determine an application to which this rule applies and references in this rule
to the judge shall include references to the district judge.
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Rule 6B
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(1)
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An application for an injunction under section 152
of the Housing Act 1996
(189)
may be made by a claim in the
appropriate prescribed form and shall be commenced in the court for the
district in which the respondent resides or the conduct complained of
occurred.
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(2)
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Every application shall -- state the terms of the injunction applied
for; and
- be supported by a witness statement or
affidavit in which the grounds on which the application is made are set
out.
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(3)
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Every application made on notice must be served,
together with a copy of the witness statement or affidavit, by the applicant on
the respondent personally not less than 2 days before the date on which the
application will be heard.
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(4)
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Where an application is made without giving notice,
the witness statement or affidavit in support shall explain why notice was not
given and the application and witness statement or affidavit shall be served
(with a copy of any order made by the court), on the respondent personally
without delay.
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(5)
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Unless otherwise directed, every application made
on notice shall be heard in public.
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(6)
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Where in exercise of the powers conferred by
section 152(6) or 153(1) of the Housing Act 1996, a power of arrest is attached
to any provision of an injunction (a relevant provision)
-- each relevant provision shall be set out in a
separate clause of the injunction and no such clause shall refer to any form of
conduct which would not entitle a constable to arrest the respondent under
paragraph (a), (b) or (c) of section 152(1) or under paragraph (a), (b) or (c)
of section 153(5) of the Housing Act 1996; and
- the applicant shall deliver a copy of the
relevant provisions to the police officer for the time being in charge of any
police station for the area where the conduct occurred.
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(7)
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Where an order is made varying or discharging any
relevant provision of an injunction to which a power of arrest has been
attached, the court shall -- immediately inform the police officer for the
time being in charge of the police station to which a copy of the relevant
provisions was delivered under paragraph (6); and
- deliver a copy of the order to any police
officer so informed.
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(8)
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The judge before whom a person is brought following
his arrest may adjourn the proceedings and, where such an order is made, the
arrested person shall be released and -- be dealt with (whether by the same or another
judge) within 14 days of the day on which he was arrested; and
- be given not less than 2 days notice
of the adjourned hearing.
Nothing in this paragraph shall prevent the issue
of a notice under Order 29 rule 1(4) if the arrested person is not dealt with
within the period mentioned in sub-paragraph (a).
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(9)
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In relation to a person who is in custody under
such an order and warrant of a county court, Order 29, rule 3, shall have
effect as if the order and warrant were issued at the instance of the person
who made the application.
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(10)
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Order 29, rule 1 shall apply where an application
is made to commit a person -- for breach of an injunction granted;
or
- arrested under a power of arrest attached to
an injunction under Chapter III of Part V of the Housing Act 1996,
as if references in that rule to the judge included
references to a district judge.
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(11)
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In paragraph (8) arrest means the
arrest of a person pursuant to a power of arrest which, in exercise of the
powers conferred by section 152(6) or 153(1) of the Housing Act 1996, has been
attached to an injunction.
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(12)
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The jurisdiction of the court under sections 152 to
157 of the Housing Act 1996 may be exercised by a district judge.
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Rule 8
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(1)
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In this rule a section referred to by number means
the section so numbered in the Leasehold Reform Act 1967 and Schedule
2 means Schedule 2 to that Act.
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(2)
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Where a tenant of a house and premises desires to
pay money into court pursuant to section 11(4) or section 13(1) or (3)
-- he shall file in the office of the
appropriate court a witness statement or affidavit stating -
- the reasons for the payment into
court;
- the house and premises to which the
payment relates and the name and address of the landlord; and
- so far as they are known to the tenant,
the name and address of every person who is or may be interested in or entitled
to the money;
- on the filing of the witness statement or
affidavit the tenant shall pay the money into court and the court officer shall
enter the matter in the records of the court and send notice of the payment to
the landlord and to every person whose name and address are given in the
witness statement or affidavit pursuant to sub-paragraph (a)(iii);
- any subsequent payment into court by the
landlord pursuant to section 11(4) shall be made to the credit of the same
account as the payment into court by the tenant and sub-paragraphs (a) and (b)
shall apply as if for the references to the tenant and the landlord there were
substituted references to the landlord and the tenant respectively;
- the appropriate court for the purposes of
sub-paragraph (a) shall be the court for the district in which the property is
situated or, if the payment into court is made by reason of a notice under
section 13(3), any other county court specified in the notice.
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(3)
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Where the proceedings on an application are ordered
to be transferred to a leasehold valuation tribunal under section 21(3), the
court shall -- send notice of the transfer to all parties to
the application; and
- send to the leasehold valuation tribunal
copies certified by the district judge of all entries in the records of the
court relating to the application, together with the order of transfer and all
documents filed in the proceedings.
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(4)
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Where an application is made under section 17 or 18
for an order for possession of a house and premises the respondent shall
-- forthwith after being served with the
application, serve on every person in occupation of the property or part of it
under an immediate or derivative sub-tenancy, a notice informing him of the
proceedings and of his right under paragraph 3(4) of Schedule 2 to appear and
be heard in the proceedings with the permission of the court; and
- within 14 days after being served with the
application, file an answer stating the grounds, if any, on which he intends to
oppose the application and giving particulars of every such sub-tenancy.
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Rule 9
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(1)
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In this rule -- the 1993 Act means the
Leasehold Reform, Housing and Urban Development Act 1993;
- a section or Schedule referred to by number
means the section or Schedule so numbered in the 1993 Act; and
- expressions used in this rule have the same
meaning as they have in the 1993 Act.
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(2)
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Where an application is made under section 23(1) by
a person other than the reversioner -- on the issue of the application, the
applicant shall send a copy of the application to the reversioner;
- the applicant shall promptly inform the
reversioner either -
- of the courts decision;
or
- that the application has been
withdrawn.
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(3)
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Where an application is made under section 26(1) or
(2) or section 50 (1) or (2) it shall be made by the issue of a claim form
which must not be served on any other person to the district judge, who may
grant or refuse it or give directions for its future conduct, including the
addition as respondents of such persons as appear to have an interest in
it.
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(4)
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Where an application is made under section 26(3),
it shall be made by the issue of a claim form and -- the applicants shall serve notice of the
application on any person who they know or have reason to believe is a relevant
landlord, giving particulars of the application and the return date and
informing that person of his right to be joined as a party to the
proceedings;
- the landlord whom it is sought to appoint as
the reversioner shall be a respondent to the application, and shall file an
answer;
- a person on whom notice is served under
sub-paragraph (a) shall be added as a respondent to the proceedings when he
gives notice in writing to the court of his wish to be added as party, and the
court shall notify all other parties of the addition.
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(5)
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Where a person wishes to pay money into court under
section 27(3), section 51(3) or paragraph 4 of Schedule 8, rule 8(2) shall
apply as it applies to payments into court made under the Leasehold Reform Act
1967, subject to the following modifications -- references in rule 8 to the payment of money
into court by a tenant shall be construed as references to the person or
persons making a payment into court under the 1993 Act;
- the reference in rule 8(2)(a)(ii) to
house and premises shall be construed as a reference to the
interest or interests in the premises to which the payment into court relates,
or, where the payment into court is made under section 51(3), to the flat to
which it relates;
- the witness statement or affidavit filed by
the tenant under rule 8(2)(a) shall include details of any vesting order;
and
- the appropriate court for the purposes of
that sub-paragraph shall be -
- where a vesting order has been made,
the court which made the vesting order; or
- where no such order has been made, the
court in whose district the premises are situated.
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(6)
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Where an order is made under section 91(4), rule
8(3) (transfer to leasehold valuation tribunal) shall apply as it applies on
the making of an order under section 21(3) of the Leasehold Reform Act
1967.
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(7)
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Where a relevant landlord acts independently under
Schedule 1, paragraph 7, he shall be entitled to require any party to
proceedings under the 1993 Act (as described in paragraph 7(1)(b) of Schedule
1) to supply him, on payment of the reasonable costs of copying, with copies of
all documents which that party has served on the other parties to the
proceedings.
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Rule 12
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(1)
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In this rule -
a section referred to by number means the section
so numbered in the Mental Health Act 1983 and Part II means Part
II of that Act;
place of residence means, in relation
to a patient who is receiving treatment as an in-patient in a hospital or other
institution, that hospital or institution;
hospital authority means the managers
of a hospital as defined in section 145(1).
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(2)
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An application to a county court under Part II
shall be made by a claim form filed in the court for the district in which the
patients place of residence is situated or, in the case of an
application made under section 30 for the discharge or variation of an order
made under section 29, in that court or in the court which made the
order.
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(3)
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Where an application is made under section 29 for
an order that the functions of the nearest relative of the patient shall be
exercisable by some other person -- the nearest relative shall be made a
respondent to the application unless the application is made on the grounds set
out in subsection (3)(a) of the said section or the court otherwise orders;
and
- the court may order that any other person,
not being the patient, shall be made a respondent.
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(4)
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On the hearing of the application the court may
accept as evidence of the facts stated therein any report made by a medical
practitioner and any report made in the course of his official duties by
-- a probation officer; or
- an officer of a local authority or of a
voluntary organisation exercising statutory functions on behalf of a local
authority; or
- an officer of a hospital authority,
provided that the respondent shall be told the
substance of any part of the report bearing on his fitness or conduct which the
judge considers to be material for the fair determination of the
application.
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(5)
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Unless otherwise ordered, an application under Part
II shall be heard and determined by the court sitting in private.
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(6)
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For the purpose of determining the application the
judge may interview the patient either in the presence of or separately from
the parties and either at the court or elsewhere, or may direct the district
judge to interview the patient and report to the judge in writing.
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Rule 17
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(1)
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In this rule -- the Act of 1975, the Act
of 1976, the Act of 1995 and the Act of 1999
mean respectively the Sex Discrimination Act 1975, the Race Relations Act 1976,
the Disability Discrimination Act 1995 and the Disability Rights Commission Act
1999;
- in relation to proceedings under either of
those Acts expressions which are used in the Act concerned have the same
meanings in this rule as they have in that Act;
- in relation to proceedings under the Act of
1976 court means a designated county court and
district means the district assigned to such a court for the
purposes of that Act.
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(2)
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A claimant who brings a claim under section 66 of
the Act of 1975, section 57 of the Act of 1976 or section 25 of the Act of 1995
shall forthwith give notice to the Commission of the commencement of the
proceedings and file a copy of the notice.
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(3)
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CPR Rule 35.15 shall have effect in relation to an
assessor who is to be appointed in proceedings under section 66(1) of the Act
of 1975.
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(4)
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Proceedings under section 66, 71 or 72 of the Act
of 1975, section 57, 62 or 63 of the Act of 1976, section 25 of the Act of 1995
or section 6 of the Act of 1999 may be commenced -- in the court for the district in which the
defendant resides or carries on business; or
- in the court for the district in which the
act or any of the acts in respect of which the proceedings are brought took
place.
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(5)
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An appeal under section 68 of the Act of 1975,
section 59 of the Act of 1976 or paragraph 10 of Schedule 3 to the Act of 1999
against a requirement of a non-discrimination notice shall be brought in the
court for the district in which the acts to which the requirement relates were
done.
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(6)
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Where the claimant in any claim alleging
discrimination has questioned the defendant under section 74 of the Act of 1975
or section 66 of the Act of 1976 -- either party may make an application to the
court in accordance with CPR Part 23 to determine whether the question or any
reply is admissible under that section; and
- CPR Rule 3.4 shall apply to the question and
any answer as it applies to any statement of case.
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(7)
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Where in any claim the Commission claim a charge
for expenses incurred by them in providing the claimant with assistance under
section 75 of the Act of 1975, section 66 of the Act of 1976 or section 7 of
the Act of 1999 -- the Commission shall, within 14 days after
the determination of the claim, give notice of the claim to the court and the
claimant and thereafter no money paid into court for the benefit of the
claimant, so far as it relates to any costs or expenses, shall be paid out
except in pursuance of an order of the court; and
- the court may order the expenses incurred by
the Commission to be assessed whether by the summary or detailed procedure as
if they were costs payable by the claimant to his own solicitor for work done
in connection with the proceedings.
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(8)
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Where an application is made for the removal or
modification of any term of a contract to which section 77(2) of the Act of
1975, section 72(2) of the Act of 1976 or section 26 of the Act of 1995
applies, all persons affected shall be made respondents to the application,
unless in any particular case the court otherwise directs, and the proceedings
may be commenced -- in the court for the district in which the
respondent or any of the respondents resides or carries on business; or
- in the court for the district in which the
contract was made.
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Rule 20
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(1)
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Any person wishing to make a payment into court
under section 63 of the Trustee Act 1925 shall make and file in the office of
the appropriate court a witness statement or an affidavit setting out
-- a brief description of the trust and of the
instrument creating it or, as the case may be, of the circumstances in which
the trust arose;
- so far as known to him, the names and
addresses of the persons interested in or entitled to the money or securities
to be paid into court;
- his submission to answer all such inquiries
relating to the application of such money or securities as the court may make
or direct;
- his place of residence; and
- an address where he may be served with any
notice or application relating to such money or securities.
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(2)
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The appropriate court for the purposes of paragraph
(1) shall be the court for the district in which the person or any of the
persons making the payment into court resides.
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(3)
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The costs incurred in the payment into court shall
be assessed by the detailed procedure and the amount of the assessed costs may
be retained by the person making the payment into court.
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(4)
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The district judge may require, in addition to the
witness statement or affidavit, such evidence as he thinks proper with regard
to the matter in respect of which the payment into court is made.
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(5)
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On the making of the payment into court the court
shall send notice thereof to each person mentioned in the witness statement or
affidavit pursuant to paragraph (1)(b).
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(6)
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An application for the investment or payment out of
court of any money or securities paid into court under paragraph (1) may be
made without notice but on the hearing of the application the court may require
notice to be served on such person as it thinks fit and fix a day for the
further hearing.
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(7)
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No witness statement or affidavit in support of the
application shall be necessary in the first instance but the court may direct
evidence to be adduced in such manner as it thinks fit.
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(8)
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The application may be heard and determined by the
district judge.
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(9)
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Paragraphs (6) to (8) are without prejudice to any
provision of the County Court Funds Rules enabling or requiring the court to
transfer money from a deposit to an investment account of its own
motion.
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(179)
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1992 c.23.
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(180)
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1970 c.31.
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(181)
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1932 c.20.
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(182)
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1974 c.39
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(183)
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1988 c.48.
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(184)
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1973 c.41.
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(185)
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1988 c.50; section 21 was amended by the Local Government and
Housing Act 1989 (c.42), section 194(1), Schedule 11, paragraph 103; and by the
Housing Act 1996 (c.52), sections 98, 99.
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(186)
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1977 c.42.
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(187)
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Section 19A was amended by the Housing Act 1996 (c.52), section
96(1), and section 20 by that Act, section 104, 227, Schedule 8, paragraph 2;
Schedule 19, Part IV.
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(188)
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1980 c.51.
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(189)
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1996 c.52.
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(190)
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1990 c.8; section 187B was amended by the Planning and
Compensation Act 1991 (c.34), section 3; and section 214A was amended by the
section 23(7) of that Act.
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(191)
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1990 c.9; section 44A was amended by the Planning and
Compensation Act 1991 (c.34), section 25, Schedule 3, Part 1, paragraph
7.
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(192)
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1990 c.10; section 26AA was inserted by the Planning and
Compensation Act 1991 (c.34), section 25, Schedule 3, Part I, paragraph
15.
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(193)
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1967 c.88; section 11 was amended by the Rentcharges Act 1977 (c.
), section 17(2), Schedule 2. Section 21 was amended by the Housing Act 1980
(c.51), sections 142, 152, Schedule 22, Part II, paragraph 8, Schedule 26; by
the County Courts Act 1984 (c.28), section 148(1), Schedule 2, Part V,
paragraph 31; by the Leasehold Reform, Housing and Urban Development Act 1993
(c.28), section 187(1), Schedule 21, paragraph 4; and by the Housing Act 1996
(c.52), sections 115, 116, Schedule 11, paragraph 1(2).
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(194)
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1993 c.28; section 26 was amended by the Housing Act 1996
(c.52).
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(195)
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1983 c.20; section 145(1) was amended by the Health Authorities
Act 1995 (c.17), section 2(1), Schedule 1, Part III, paragraph 107; by the
National Health Service and Community Care Act 1990 (c.19), section 66(1),
Schedule 9, paragraph 24(9); and by the Mental Health (Amendment) Act 1994
(c.6), section 1.
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(196)
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1983 c.34.
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(197)
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1968 c.52; section was amended by the Criminal Justice Act 1982
(c.48), sections 38, 46.
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(198)
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1969 c.48.
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(199)
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1975 c. 34.
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(200)
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1976 c. 65.
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(201)
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1995 c.50.
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(202)
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1999 c.17.
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(203)
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1977 c.30.
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(204)
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1984 c.12.
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(205)
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1994 c.26.
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(206)
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1992 c.52.
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(207)
|
1925 c.19; section 63 was amended by the Administration of
Justice Act 1965 (c.2), section 36(4), Schedule 3.
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