Explanatory note
(This note is not part of the Rules)
These Rules make minor amendments to the Civil Procedure Rules 1998.
Rule 3 amends rule 43.2(3) to ensure consistency with Parts 44 to 48, and with the Regulations on conditional fee agreements made under section 58 of the Courts and Legal Services Act 1990.
Rule 4 amends rule 54.22, which was inserted by S.I. 2003/364. Rule 54.22 prescribes the method of making an application to the High Court under section 101(2) of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”) for a review of the decision of the Immigration Appeal Tribunal on an application for permission to appeal from an adjudicator. Paragraph (5) of rule 54.22, which for the purpose of paragraph (3)(a) defined “decision” by reference to specific sections of the 2002 Act, is omitted, and paragraph (3)(a) is amended in consequence. These amendments are made to ensure that rule 54.22 is consistent with anticipated new transitional provisions for the 2002 Act, whereby it is proposed to extend the scope of section 101 to apply in cases where the adjudicator’s decision was made in an appeal under legislation which preceded the 2002 Act.