# The Criminal Procedure (Amendment No. 2) Rules 2013, Rule 9: Amendments to the Criminal Procedure Rules 2013


In Part 76 (Costs)—
(a) in rule 76.1 (When this Part applies), in paragraph (1)(c), after ‘rule 76.6’ insert ‘or rule 76.7’;
(b) in the note to rule 76.1, for paragraph (h) substitute—
“(h) section 52 of the Senior Courts Act 1981 and—
(i) rule 76.6, for the payment by a party of another party’s costs on an appeal to the Crown Court in any case not covered by (c) or (g),
(ii) rule 76.7, for the payment by a party of another party’s costs on an application to the Crown Court about the breach or variation of a deferred prosecution agreement, or on an application to lift the suspension of a prosecution after breach of such an agreement;”;
(c) in the note to rule 76.4 (Costs out of central funds)—
(i) in sub-paragraph (a)(ii) of the last paragraph, delete ‘or’;
(ii) after that sub-paragraph insert—
“(iii) in the Crown Court, where the defendant has been sent for trial, the High Court gives permission to serve a draft indictment or the Court of Appeal orders a retrial and the defendant has been found financially ineligible for legal aid, or”, and
(iii) renumber sub-paragraph (a)(iii) accordingly;
(d) in rule 76.7 (Costs on an application), for paragraph (1) substitute—
“(1) This rule—
(a) applies where the court can order a party to pay another person’s costs in a case in which—
(i) the court decides an application for the production in evidence of a copy of a bank record,
(ii) a magistrates’ court or the Crown Court decides an application to terminate a football banning order,
(iii) a magistrates’ court or the Crown Court decides an application to terminate a disqualification for having custody of a dog,
(iv) the Crown Court allows an application to withdraw a witness summons, or
(v) the Crown Court decides an application relating to a deferred prosecution agreement under rule 12.5 (breach), rule 12.6 (variation) or rule 12.7 (lifting suspension of prosecution);
(b) authorises the Crown Court, in addition to its other powers, to order a party to pay another party’s costs on an application to that court under rule 12.5, 12.6 or 12.7.”; and
(e) in the note to rule 76.7, after paragraph (e) insert—
“Section 52 of the Senior Courts Act 1981 allows rules of court to authorise the Crown Court to order costs.”.

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Source: https://www.legislation.gov.uk/uksi/2013/3183/rule/9 (the official version)
Page: https://openlegislation.uk/criminal-procedure-amendment-no-2-rules-2013/rule-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

