Article 9 Amendments to the Civil Procedure Rules 1998

In Part 75—

(a)

in rule 75.1—

(i)

in paragraph (1), after “practice direction” insert “supplementing this Part”;

(ii)

after paragraph (1)(b), insert—

“(Rule 21.1(1)(c) provides that Part 21 (children and protected parties) does not apply to proceedings under this Part where one of the parties is a child.)”;

(iii)

in paragraph (2)(b)(i), for “he” substitute “the bailiff”;

(iv)

at the end of paragraph (2)(b)(iii), for “.” substitute “;”;

(v)

in paragraph (2)(d)(i), after “statutory declaration” insert “or witness statement”; and

(vi)

in paragraph (2)(f), after “practice direction” insert “supplementing this Part”;

(b)

in rule 75.2(2)(a), for “shall be” substitute “is”;

(c)

in rule 75.3—

(i)

in paragraph (2)(c)(v), after “practice direction” insert “supplementing this Part”;

(ii)

in paragraph (3), for “sealing” substitute “registering”;

(iii)

for paragraph (4) substitute—

“(4)
On receipt of a registered request the authority may draw up the order and must—

(a)
insert in the order the date by which the respondent must either—

(i)
comply with the order; or

(ii)
file a statutory declaration or witness statement; and

(b)
attach to the order a form of statutory declaration or witness statement for the respondent’s use.”;

(iv)

for paragraph (5) substitute—

“(5)
The authority must serve in accordance with Part 6 the order (and the form of statutory declaration or witness statement) on the respondent within 15 days of the date on which the request is registered by the court.”; and

(v)

revoke paragraph (6);

(d)

in rule 75.5(1), after “practice direction” insert “supplementing this Part”;

(e)

in rule 75.6(b), for “rules 1 and 9” substitute “rule 1”;

(f)

in rule 75.8—

(i)

after “the filing of a statutory declaration” insert “or a witness statement”; and

(ii)

in paragraph (a), after “statutory declaration” insert “or witness statement”;

(g)

in rule 75.9, for “If an” substitute “Where the”;

(h)

in rule 75.10(i) for “reasons” substitute “reason why”; and

(i)

in rule 75.11—

(i)

for “If” substitute “Where”;

(ii)

for “an” substitute “the”; and

(iii)

for “defendant” substitute “respondent”.