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Rule 21.1 Scope of this PartF1

(1)

This Part—

(a)

contains special provisions which apply in proceedings involving children and protected parties;

(b)

sets out how a person becomes a litigation friend; and

(F2c)

does not apply to—

(i)

proceedings under Part 75;

(ii)

enforcement of specified debts by taking control of goods; or

(iii)

applications in relation to enforcement of specified debts by taking control of goods,

where one of the parties to the proceedings is a child.

(2)

In this Part—

(a)

‘the 2005 Act’ means the Mental Capacity Act 2005;

(b)

‘child’ means a person under 18;

(c)

‘lacks capacity’ means lacks capacity within the meaning of the 2005 Act;

(d)

‘protected party’ means a party, or an intended party, who lacks capacity to conduct the proceedings;

(e)

‘protected beneficiary’ means a protected party who lacks capacity to manage and control any money recovered by F3them or on F4their behalf or for their benefit in the proceedingsF5;

(F6f)

“specified debts” has the same meaning as in rule 75.1(2)(e); and

(g)

“taking control of goods” means using the procedure to take control of goods contained in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.

(F7Rules 6.13 and 6.25 contain provisions about the service of documents on children and protected parties.)

(Rule F846.4 deals with costs where money is payable by or to a child or protected party.)

Annotations

Textual amendments

F1

Pt. 21 substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rule 1, Sch. 2

F2

Rule 21.1(1)(c) substituted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 12(a) (with rule 41)

F3

Word in rule 21.1(2)(e) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(2)(a)

F4

Word in rule 21.1(2)(e) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(2)(b)

F5

Rule 21.1(2)(e): semicolon substituted for full stop (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 12(b)(i) (with rule 41)

F6

Rule 21.1(2)(f)(g) inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 12(b)(ii) (with rule 41)

F7

Words in rule 21.1 substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 15(a)

F8

Word in rule 21.1 substituted (1.10.2013) by The Civil Procedure (Amendment No.7) Rules 2013 (S.I. 2013/1974), rules 2, 9(a)

Notes on Part 21

Textual amendments

F2

Words in Pt. 21 Table of Contents substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(1)

Modifications

C1

Pt. 21 applied (1.11.2009) by The Water Industry (Special Administration) Rules 2009 (S.I. 2009/2477), rules 2, 97