Notes to Accompany May 2001 23rd Supplement

Amendments to existing material are included as follows:

Rules

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKPart 6
Rule 6.18 new sub paragraph inserted (defining the EC Service Regulation)
Rule 6.20(18) ‘is’ inserted after ‘claim’
Rule 6.24(1) in sub-paragraph (b)(i) ‘or’; deleted
sub-paragraph (b)(ii) shall stand as sub-paragraph (b)(iii);
new text inserted before sub-paragraph (b)(iii)
Rule 6.25 paragraph (4) at the end of sub-paragraph (b), ‘or’ inserted ,
in sub-paragraph (c) for ‘; or’ ‘.’ substituted; and sub-paragraph (b) omitted
New text inserted after paragraph 4.
Rule 6.26 new text inserted after paragraph 6; new text inserted after Rule 6.26 (New Rule 6.26A)
Part 12
Rule 12.3 new paragraph inserted after the cross-reference at the end of the rule.
Part 13
Rule 13.3 new text inserted after the cross-reference.
Part 22
Rule 22.1 paragraph 1 in sub paragraph (c) ‘and' deleted; and at the end of sub-paragraph (d) new text inserted (containing sub-paragraph (e))
Part 39
After rule 39.7 new paragraph 39.8 inserted.
Part 55
New Part 55 inserted.
NOTE: These rules do not come into force until 15 October 2001
Part 56
New Part 56 inserted.
NOTE: These rules do not come into force until 15 October 2001
Part 57
New Part 57 inserted.
NOTE: These rules do not come into force until 15 October 2001

Note: Where a claim form –

  1. relates to proceedings to which Part 55, Part 56 or Part 57 would apply if it was issued on or after 15th October 2001; but
  2. is issued before that date,

those rules shall not apply, and the rules of court in force immediately before that date shall apply as if they had not been amended or revoked

RSC Order 115
After rule 23, heading of Section III changed to read: III: TERRORISM ACT 2000(1).
Rule 24 para (a) –‘Prevention of Terrorism ... Act 1989’ replaced with ‘Terrorism Act 2000’.
At the end of para (b), ‘and’ deleted.
After para (b) new para (ba) inserted.
At the beginning of para (c), ‘other’ inserted;
In para(c), ‘Part III of, and Schedule 4 to’ substituted for ‘Schedule 4 to'.
In rule 26(1), ‘paragraphs 3 & 4’ replaced with ‘paragraph 5’.
In rule 26(2), ‘Part III’ replaced with ‘any of sections 15 to 18’.
In rule 27(2), new text inserted.
In rule 29, ‘para 7 of Schedule 4’ replaced with ‘paragraph 9 or 10 of Schedule 4’ and ‘‘the relevant authority under para 7(5) replaced with 'the person or body by whom compensation, if ordered, will be payable under paragraph 9(6) or 10(4)’.
In rule 32(1), ‘Crown Office’ replaced with ‘Administrative Court’.
In rule 35(3) ‘para 5 or 6‘ replaced with ‘para 7 or 8’ and para 9(6) replaced with para 13(6).
CCR Order 48B
Title replaced with ‘Enforcement of traffic penalties’
‘parking enforcement centre’, wherever it appears, replaced with ‘traffic enforcement centre’
In rule 1(1), sub-para (a) ‘and’ deleted and
At the end of sub-para (b) new paragraph (c) inserted
Rule 1(2), definition of ‘order’ and ‘relevant period’ replaced
Rule 1(2) in the definition of ‘specified debts’, ‘Part II’ deleted
Rule 1(2) in the definition of ‘statutory declaration’ new text inserted and ‘and’ deleted
At the end of the definition of ‘the 1991 Act’
‘and inserted;
‘the 1996 Act means the London Local Authorities Act 1996’
In sub-para (a) of rule 1(4), after ‘London authority’, new text inserted
In sub-para (c) of rule 2(3) ‘the parking attendant who issued the penalty charge notice believed’ replaced with ‘it is claimed that’
In rule 4, para (1), after ‘the 1991 Act’, ‘and paras 10(4) and (5)(d) of Schedule 1 to the 1996 Act’ inserted and
In para (2), after ‘the 1991 Act’, ‘or para 10(4) of the Schedule 1 to the 1996 Act’ inserted.
In rule 5(7) new text inserted after ‘Schedule 6 to the 1991 Act, and in sub-paragraph (c).
THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKCCR Order 48D
‘parking enforcement centre’, wherever it occurs, replaced with ‘traffic enforcement centre’.
In rule 1(2), in the definition of ‘specified debts’, ‘Part II’ deleted.

Practice Directions

Before Part 1
New note on practice directions inserted immediately before Part 1.
Part 2B
Paragraph 8.3 reference (in error) to section 18 (of the County Courts Act) amended to section 118.
THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKPart 6B
New text inserted before existing para 1.1
‘Republic of Ireland’ deleted from title of para 3.1
EU Service Regulation appended to Practice Direction
THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKPart 7C
New para 1.3(2)(e) substituted for existing para
New para 5.2(4) subsituted for existing para.
Part 33
New Practice Direction inserted on ‘Land Registration Act’
Part 39B
New Practice Direction on ‘Court Sittings in 2002’ inserted
THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKPart 39C
New Practice Direction inserted on ‘Claims under the Race Relations Act 1976 (National Security)
Part 44
Para. 17.5 ‘court officer’ amended to ‘costs officer’
Part 49G
New para 2.1A inserted after para 2.1
New para 10.3A inserted after para 10.3
New para 12 substituted for existing para
Part 55
New practice direction inserted on Housing Possession
Note: this PD does not come into force until 15 October 2001
Part 56
New practice direction inserted on Housing (Landlord & Tenant)
Note: this PD does not come into force until 15 October 2001
Part 57
New practice direction inserted on Probate
Note: this PD does not come into force until 15 October 2001

Note: Where a claim form –

  1. relates to proceedings to which Part 55, Part 56 or Part 57 would apply if it was issued on or after 15th October 2001; but
  2. is issued before that date,

those rules shall not apply, and the rules of court in force immediately before that date shall apply as if they had not been amended or revoked

CCR Order 48B
Existing Practice Direction replaced with amended version

Other Practice Directions

Insolvency Proceedings
New sub-para 15.10 inserted after 15.9
Director's Disqualification
Error in para 11.6 ‘Register’ amended to ‘Registrar’
2 new forms inserted at the end.

Pre-Action Protocols

Clinical Disputes
Job title address and telephone number of Dr Alastair Scotland amended
Professional Negligence
New protocol added at end of existing protocols
THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKProtocols Practice Direction
Reference to new Professional Negligence protocol inserted in table at para 5.1

Forms

The following is a list of new or revised forms included with this edition but which will not come into force until 15 October 2001

N206B
Notice of issue (possession claim) a new form which does not replace the N206.
N5
Claim form for possession of property – a new single claim form to be used for starting a claim in all possession cases, except forfeiture
N5A
Claim form for relief against forfeiture – new form
N7
Notes for defendant (mortgaged residential premises)
N7A
Notes for defendant (rented residential premises)
N7B
Notes for defendant (forfeiture of the lease)
N119
Particulars of claim (rented residential premises) – revised version of existing form
N120
Particulars of claim (mortgaged residential premises) – revised version of existing form
N121
Particulars of claim (trespassers) – new form
N119A
Notes for guidance on completing particulars of claim (rented residential premises)
N11
Form of defence (Part 55 claims) – revised version of existing form
N11R
Form of defence (rented residential premises) – revised version of existing form
N11M
Form of defence (mortgaged residential premises) – revised version of existing form
N206A
Notice of issue – revised version of existing form
N5B
Claim form for possession (accelerated procedure) – revised version of existing form
N5C
Notes for the claimant (APP)
N11B
Defence Form (APP) – revised version of existing form

COUNTY COURT FORMS WHICH BECOME OBSOLETE FROM 15 OCTOBER

N8
Notice to the respondent
N8(1)
Notice to respondent when a matter will be heard under Order 24
N8(2)
Notice to respondent in an application under Section 53 of the Landlord and Tenant Act 1954
N8(4)
Notice to respondent in an application under Section 17 or 18 of the Leasehold Reform Act 1967
N27(1)
Judgment for claimant (forfeiture) order refused under the Rent Acts
N29
Order for possession (mortgage possession)
N36
Order for possession (under Order 24)
N220
Request for the service of a possession summons on the defendant's representative
N220(1)
Notice to the representative of a defendant in an action for the recovery of land
N229
Notice of admission in a possession action
N291
Judgment for a defendant in action for the recovery of land
N312 (now N208–N210)
Originating application for determining the right to possession (Landlord and Tenant Act 1927)
N394
Originating application for determining the right to compensation (Landlord and Tenant Act 1927)
N395
Originating application of a certificate or determination of a question other than compensation (Landlord and Tenant Act 1927)
N396
Originating application for statutory tenancy under Part I of LTA 1954
N397
Originating application for new tenancy under Part II of LTA 1954
N398
Order on application for certificate as to improvement (LTA 1954)
N399
Final Order (LTA 1954)
N400
Answer to originating application for new tenancy under Part 1 LTA 1954
N401
Answer to originating application for new tenancy under Part II LTA 1954
N402
Order substituting date in landlord's notice or tenant's request
N403
Application for certificate of ground for refusing new tenancy
N404
Certificate of ground for refusing new tenancy
N404(1)
Order authorising agreement excluding act
N405
Notice of proceedings
N406
Notice of day on which special case will be heard (Agricultural Holdings Act 1986)
N407
Order on hearing of special case
N425
Notice to repair
N426
Notice of proceedings

HIGH COURT FORMS WHICH BECOME OBSOLETE FROM 15 OCTOBER

No 42
Default judgment in an action for the possession of land
No 42A
Order for possession under Order 113
No 11A
Originating summons for possession under Order 113
PF5
Order as to service in an action for possession
PF9
Summons for judgment for possession
PF79
Judgment in default in an action for the possession of land
PF91
Form of affidavit in support of an application to enforce a judgment for possession.

Coming into Force

Rules

The above rule changes come into force on 31 May 2001, with the following exceptions:

Amendments to CCR Order 48B and CCR Order 48D on 1 June 2001

Parts 55, 56 & 57 on 15 October 2001

Practice directions

The above practice direction changes come into force on 31 May 2001 with the following exceptions:

Amendment to PD 48B on 1 June 2001

New PDs for Parts 55,56 & 57 on 15 October 2001

Forms

All Forms relating to new Part 55 come into force on 15 October 2001. It is not proposed to produce additional forms in respect of Part 56.

Ministry of Justice

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