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THIS LINK HAS BEEN ARCHIVED.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.