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The Civil Procedure (Amendment No. 5) (Coronavirus) Rules 2020

S.I. 2020/889 · Made 21 August 2020

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Senior Courts Of England And Wales

County Court, England And Wales

Made 21st August 2020

Coming into force 22nd August 2020

Laid before Parliament 24th August 2020

The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997f1 to make rules of court under section 1 of that Act, and having fulfilled the requirements of section 2(6) of that Act, makes the following Rules.

Annotations to the whole text

Footnotes

f1

1997 c.12. Section 2(1) was substituted by the Constitutional Reform Act 2005 (c.4), section 15 and Schedule 4 Part 1. Section 1(3) was substituted by section 82(1) of the Courts Act 2003 (c.39) and further amended by the Constitutional Reform Act 2005 sections 15, 146, Schedule 4 Part 1 and Schedule 18, Part 2.

Contents

  1. 1Citation and Commencement
  2. 2Amendment of the Procedure Rules 1998
  3. 3Amendment of the Civil Procedure (Amendment No. 3) Rules 2020
  4. Signature
  5. Explanatory note

1Citation and Commencement

These Rules may be cited as the Civil Procedure (Amendment No. 5) (Coronavirus) Rules 2020 and come into force on 22nd August 2020.

2Amendment of the Procedure Rules 1998

In Part 55 of the Civil Procedure Rules 1998f1, in rule 55.29, in paragraph (1)—

(a)

for “22nd August 2020”, substitute “19 September 2020”; and

(b)

for “23rd August 2020”, substitute “20 September 2020”.

3Amendment of the Civil Procedure (Amendment No. 3) Rules 2020

The Civil Procedure (Amendment No. 3) Rules 2020f1 are amended as follows—

(a)

in rule 1, in paragraph (3), for “23rd August 2020”, substitute “20th September 2020”; and

(b)

in rule 2, in paragraph (2), for “24th August 2020”, substitute “21st September 2020”.

Signature

The Right Honourable Sir Terence Etherton, MR

Mr Justice Birrs

Mr Justice Kerr

His Honour Judge Jarman QC

Richard Viney

Dr Anja Lansbergen-Mills

Brett Dixon

David Marshall

Lizzie Iron

I allow these Rules

Robert Buckland

Lord Chancellor

Ministry of Justice

21st August 2020

Explanatory note

(This note is not part of the Rules)

These Rules amend the Civil Procedure Rules 1998 (SI 1998/3132) to amend rule 55.29, which provides that possession proceedings and enforcement proceedings by way of writ and warrant for possession are stayed until 23rd August 2020. This amendment extends the stay imposed by this temporary rule until 20th September 2020. This applies to proceedings that were stayed immediately prior to the date that rule 55.29 first came into force, those brought after that rule came into force and those brought after this amendment comes into force and on or before 19th September 2020.

These Rules also make consequential amendments to the Civil Procedure Rules (Amendment No. 3) Rules (SI 2020//747) following the amendment to rule 55.29.

As this is temporary, emergency legislation, no formal impact assessment is required for Better Regulation purposes.