NOTES TO ACCOMPANY SEPTEMBER 2001 24th MONTHLY SUPPLEMENT

Items to be deleted before or on October 15 2001

If you are likely to need to refer to any of the orders to be deleted before or on October 15 2001 you can still access the rules as they were at the 23rd Update by downloading them as a file in zipped format [link to /cpr_web/update.htm].

Items which come into force on October 15 2001

Please note that the amendments enclosed with this update (save for the very few exceptions listed below) do not come into force until October 15 2001. The changes involve not only the insertion of new text, but also remove a number of RSC and CCR Orders either completely or in part.

Items which come into force before October 15 2001

Amendments to rules 16 and 17 of RSC Order 77 and rule 15 of CCR Order 49 came into force on March 26 2001, but were omitted in error from the previous update.

Amendments to RSC Order 112 and CCR Order 47 replacing references to ‘blood tests’ with ‘scientific tests’ are amendments which came into force on April 1 2001 but were omitted in error from the 22nd update.

Amendments to existing material are included as follows:

Rules

Part 6

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKRule 6.1: THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKcross references amended to refer to new Part 55.

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKRule 6.16: the following cross references at the end of the Rule have been deleted: para (a) THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKO.10, O.97, O.113; para (b) THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKO.7, O.43, O.49.

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKRule 6.18: THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKpara (dd) [which is an inadvertent duplication of (ea)] is deleted.

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKRule 6.24: THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKwas printed twice – the first entry (which is incorrect) is deleted.

Part 8

Rule 8.2A(2): ‘caes’ corrected to ‘cases’.

Part 16

Rule 16.8: the following cross references at the end of the rule have been deleted: O.88, O.97, O.6, O.43.

Part 19

Rule 19.9(3)(a): ‘except’ is deleted.

Part 22

Rule 22.1(1): new text replaces the existing text.

Part 48

Rule 48.7: sub-paras 4, 5, 6 and 7 renumbered as 3, 4, 5 and 6.

Part 49

Para (2)(f), the word ‘and’ deleted;: para (2)(g) deleted.

Part 51

The heading is amended to ‘Transitional Arrangements and Pilot Schemes’.

Rule 51: is renumbered 51.1.. After Rule 51.1 a new Rule 51.2 has been inserted.

Part 57

Explanatory note at end deleted (originally included in error).

Schedule 1

RSC Order 10: revoked from October 15 2001.

RSC Order 15: Rule 14(2) words ‘under Rule 13’ deleted and replaced by ‘under CPR Rule 19.7’.

RSC Order 45: Rule 3 – ‘mortgage proceedings to which Order 88 applies’ deleted and new text inserted after ‘made in’.New para (2A) inserted. In para 3 ‘as is referred to in paraghraph (2)’ inserted after ‘permission’.

RSC Order 51: New title and Rule A1 inserted before existing Rule 1. Rule 2: ‘District judge’ added to those who may make an order to appoint a receiver.

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKRSC Order 62: THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKPara 1(2) of Part II of Appendix 3 ‘Order 45, rule 3(2)’ substituted for ‘Order 88, rule 1 (mortgage claims)’.

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKRSC Order 77: THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKRule 16 para 2B ‘of the Post Office’ deleted.THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKRule 17 para (1) references to ‘Post Office Act 1969’ amended to ‘section 92 of the Postal Services Act 2000’.

RSC Order 88: Rules 1, 2, 3, 4, 5 and 7 revoked from October 15 2001.

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKRSC Order 93: Rules THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK 15 and THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK20 revoked from October 15 2001.

RSC Order 97: Order revoked from October 15 2001.

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKRSC Order 112: THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK‘blood tests’ is replaced by ‘scientific tests’ wherever it appears.

RSC Order 113: Rules 1, 1A, 2, 3, 4, 5, 6 and 8 revoked from October 15 2001. Rule 7 para 1 ‘under this order’ is amended to ‘in a posession claim against trespassers under Part 55’.

Schedule 2

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKCCR Order 4: THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKRule 3(a) revoked from October 15 2001.

CCR Order 6: Rules 3, 5 and 5A revoked from October 15 2001.

CCR Order 7: Order revoked from October 15 2001.

CCR Order 22: Rule 8 para 1A sub-para (a) new text substituted for existing text.

CCR Order 24: Rules 1, 2, 3, 4, 5, and 7 revoked from October 15 2001. Rule 6, para 1 ‘in a possession claim against trespassers under Part 55’ substituted for ‘under this order’.Rule 9 ‘a possession claim against trespassers under Part 55’ substituted for ‘proceedings for possession under Part I of this Order’.Rule 10 para (1) ‘Part 55’ substituted for ‘rules 2 to 7’. Rule 12 para (9)(c); Rule 13 para (4) and Rule 14(3)(c) ‘Part 55’ substituted for ‘Part 1 of this Order’.

CCR Order 25: Rule 13 para (1) – new para substituted.Rule 13 para (2) – new text: ‘or the person against whom the possession order was made’ inserted after ‘debtor’.

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKCCR Order 38: THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKAppendix B Part III table, para 10 ‘Section II of CPR Part 55 (Possession claims)’ is substituted for ‘rule 6 or 6A of Order 49’ .

CCR Order 43: Order to be revoked from October 15 2001.

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKCCR Order 47: THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK‘blood tests’ is replaced by ‘scientific tests’ wherever it appears.

CCR Order 49: Rules 1, 1A, 2, 4, 6A, 8, 9, 13 and 16 revoked from October 15 2001. Rule 6B words ‘and powers of arrest’ deleted from title. Rule 6B after para 7 new para 7A inserted; new para 8 substituted for existing para; new paras 8A, 8B and 8C inserted; new paras 9, 10 and 11 substituted for existing paras. New paras 11A and 11B inserted. Rule 15 amended to substitute ‘Postal services Act 2000’ for ‘Post Office Act 1969’ in the heading, and ‘section 92 of the Postal Services Act 200’ for ‘section 30(5) of the Post Officce SAct 1969’ in para 1; in para 2 ‘universal service provider’ is substituted for ‘Post Office’.

Practice Directions:

Practice Direction 2B: New para 11.1(a) substituted for the existing para.

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKPractice Direction 8B: THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKPara A.2(1) the word ‘schedule’ is deleted. Table 1, references deleted as follows: THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKRSC O.88, r.3; THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK RSC O.97 (8 references); THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK RSC O.113, r.1. THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKPara B.1, sub-para 2 (a&b) deleted and single sub-para substituted; THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKsub-para 3 the word shcedule is deleted. Table 2, references deleted asfollows: THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK CCR O.24, r.1(1); THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKCCR O.43 (all refs);THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKCCR O.49, r.1(2), THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKr.4(5), THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK r.4(9), THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKr.4(14), THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKr.4(15), THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKr.6(5), THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK r.6A(5), THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK r.9(3), THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK r.13(1). THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKPara B.2 ref in parentheses to CCR O.7 deleted. THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK Para B.7 sub-paras (1) and (2) deleted, THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK(3) and THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK(4) renumbered. THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKPara B8 sub-para (2) deleted and sub-para THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK(3) renumbered.

Practice Direction 12: New para 4.4 substituted for existing para.

Practice Direction 16: Para 6 is deleted and the remaining paras renumbered accordingly.

Practice Direction 23: Two consecutive paras are numbered 6.1; second reference renumbered 6.1A.

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKPractice Direction 35: THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKPara 4.2 – new text substituted for existing text.

Practice Direction 39: Heading before para 8: space inserted in title between words ‘authorities’ and ‘human’.

Practice Direction 49: Revoked with effect from October 15 2001

Practice Direction 52: Para 1.1 Section III moved to separate line (typesetting error). Para 5.8A: the word ‘and’ is inserted after sub-para (1)and deleted after sub-para (2); sub-para (3) is omitted. After para 5.8B new paras 5.8C and 5.8D inserted. Para 8.2 table ‘Midland and Oxford Circuit’ amended to ‘Midland Circuit’; ‘Oxford’ removed from Hearing Only Centres for Midland Circuit and placed in the provincial list for South Eastern Circuit. Paras 8.9(2) and 8.10 – ‘section 9(1)’ is amended to read ‘section 9’.

Practice Direction 55: New para 1.6 inserted.

Practice Direction 56: Para 1.1 sub-para (2) definition of ‘the 1985 Act’ added. Newpara 3.8 inserted after para 3.7. Para 4.2 reference to s47(5) amended to s37(5). Para 5.5 ‘immediately’ inserted after ‘the defendant must’. New paras 5.8 and 5.9 inserted after existing para 5.7. New paras 12.2 and 12.3 inserted after para 12.1.

Other Practice Directions

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKSchedule 2 CCR Order 49 Practice Direction: THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKNew Practice Direction inserted.

Insolvency Practice Direction: New text and draft orders inserted after para 1.5.

Pre-Action Protocols

Clinical Disputes: Telephone number of Secretary amended.

Professional Negligence: Word ‘draft’ deleted.

Forms

Note the following forms included with this update but which will not come into force until October 15 2001.

N2: Claim form (probate claim).

N2A: Probate Form – notes for claimant.

N2B: Probate Claim – notes for defendant.

N3: Acknowledgement of service (probate Claim).

N205D: Notice of issue (probate claim).

The following is a list of new or revised forms included with the 23rd update (and reprinted here for convenience) but which will not come into force until October 15 2001.

N206B: Notice of issue (possession claim) a new form which does not replace 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.

N26: Order for possession – revised version of existing order.

N27: Order for possession (forfeiture) – revised version of existing order.

N27(2): Order for possession (rent arrears – suspended forfeiture) – revised version of existing order.

N28: Order for possesion (rented residential premises) (suspended) – revised version of existing order.

N31: Order for possession (mortgaged residential premises) (suspended) – revised version of existing order.

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).

N5D: Notes for the defendant.

N11B: Defence Form (APP) – revised version of existing form.

N26A: Order for possession (APP) – revised version of existing form.

COUNTY COURT FORMS WHICH BECOME OBSOLETE FROM OCTOBER 15 2001

N8: Notice to the respondent.

N8(1): Notice to respondent when the 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): Judgement 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: Judgement for a defendant in action for the recovery of land.

N312 (now N208–210): 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).

HIGH COURT FORMS WHICH BECOME OBSOLETE FROM OCTOBER 15 2001

No 42: Default judgement 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 judgement for possession.

PF79: Judgement in default in an action for the possession of land.

PF91: Form of affidavit in support of an applicaiton to enforce a judgement for possession.

Coming into force

Rules

The above rule changes come into force on October 15 2001, with the following exceptions:

Amendments to rules 16 and 17 of RSC Order 77 and rule 15 of CCR Order 49 came into force on March 2001 and were omitted in error from the previous update.

Amendments to RSC Order 112 and CCR Order 47 replacing references to ‘blood tests’ with ‘scientific tests’ wereomitted in error from the 22nd update and came into force on April 1 2001.

Practice directions

The above practice direction changes come into force on October 15 2001.

Forms

All forms relating to Part 55 and Part 57 come into force on October 15 2001. It is not proposed to produce additional forms in respect of Part 56.