Article 55 Summons production centre

After Order 2, rule 5, there shall be inserted the following new Part–

“PART II—

SUMMONS PRODUCTION CENTRE

Interpretation

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In this Part of this Order, unless the context otherwise requires,–

• “the Centre” means the summons production centre established under rule 7 and “appropriate officer” means the officer in charge of the Centre or another officer of the Centre acting on his behalf;

• “Centre number” means the number or reference allotted under rule 8(3); and

• “Centre user” means a plaintiff or solicitor who, in accordance with rule 8, has been given permission to commence proceedings through the Centre and from whom such permission has not been withdrawn.

Establishment of the Centre

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(1)

There shall be a summons production centre situated at such place or places as the Lord Chancellor may determine and having such functions relating to the production of summonses and other related matters as he may direct.

(2)

For any purpose connected with the exercise of the Centre’s functions–

(a)

the Centre shall be deemed to be part of the office of the court whose name appears on the summons to which the functions relate or in whose name the summons is requested to be issued, and

(b)

any officer of the Centre shall, in exercising its functions, be deemed to act as the proper officer of that court,

and these rules shall have effect accordingly.

Issue of summons through the Centre

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(1)

A plaintiff or solicitor who desires to commence proceedings through the Centre for the recovery of debt shall give notice of his desire to the appropriate officer.

(2)

Where notice is given under paragraph (1) and the appropriate officer so permits, the Centre user may, subject to paragraph (4), commence proceedings through the Centre in accordance with the provisions of this Part of this Order.

(3)

The appropriate officer shall allot to a Centre user a distinguishing number or reference and send notice thereof to the Centre user.

(4)

The appropriate officer may at any time withdraw permission given under paragraph (2) and, where he does so, he shall give notice of the withdrawal to the Centre user.

Filing of documents

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(1)

Where by or under these rules any document is required to be filed before the issue of a summons and the summons is to be produced by the Centre, that requirement shall be deemed to be satisfied if the information which would be contained in the document is delivered to the Centre in computer-readable form.

(2)

For the purposes of paragraph (1), information which would be contained in a document relating to one case may be combined with information of the same nature relating to another case.

(3)

Information furnished to the Centre shall begin with the Centre number allotted to the Centre user, and he shall be deemed, unless the contrary appears, to have authorised the giving of information beginning with that number.

Security

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A Centre user shall not divulge a Centre number allotted to him except to a solicitor authorised to issue proceedings on his behalf.

Court documents

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(1)

Where by or under these rules any document is required to be served on any person prior to or immediately after the issue of a summons then, where the summons is or is to be produced by the Centre, the document may be served by the appropriate officer sending it to him by post and Order 7, rule 10 shall apply, with any necessary modifications, where a document is served in accordance with this paragraph.

(2)

Where by or under these rules or by virtue of any order a document containing information stored in the Centre is required to be produced, that requirement shall be deemed to be satisfied if a copy of the document is produced from the computer records kept by the Centre for storing such information.

Venue

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Nothing in this Part of this Order shall affect the provisions of these rules relating to the venue–

(a)

for bringing particular proceedings, or

(b)

for hearing or disposing of an action after the issue of a summons.”.