Regulation 20 Transitional provisions
These Regulations and Schedules 1 to 5 to them shall apply in relation to all proceedings to which they relate where those proceedings were commenced on or after 1 October 2004.
These Regulations and Schedules 1 and 2 to them (with the exception of rules 1 to 3 and 38 to 48 of Schedule 1) shall apply to proceedings:—
which were commenced prior to 1 October 2004; and
to which Schedule 1 to either the old (England & Wales) regulations or the old (Scotland) regulations applied;
provided that a copy of the originating application was not sent to the respondent prior to 1 October 2004.
In relation to the proceedings described in paragraph (2), the following provisions of Schedule 1 to the old (England & Wales) regulations or the old (Scotland) regulations (as the case may be) shall continue to apply:—
rule 1 (originating application);
rule 2 (action upon receipt of originating application) with the exception of paragraphs (2), (4) and (5) of that rule; and
rule 14 (costs).
In relation to proceedings described in paragraph (2) but where a copy of the originating application was sent to the respondent prior to 1 October 2004, Schedules 1 and 2 to these Regulations shall apply with the exception of rules 1 to 9, 21 to 24, 33 and 38 to 48 of Schedule 1 and rules 2, 3 and 4 of Schedule 2.
In relation to proceedings described in paragraph (4), the following provisions of the old (England & Wales) regulations or the old (Scotland) regulations (as the case may be) shall continue to apply:—
in Schedule 1:–
rule 1 (originating application);
rule 2 (action upon receipt of originating application) with the exception of paragraphs (2), (4) and (5) of that rule;
rule 3 (appearance by respondent);
rule 8 (national security);
rule 14 (costs); and
rule 1 of Schedule 2.
In relation to proceedings commenced prior to 1 October 2004 and to which Schedule 4, 5 or 6 to the old (England & Wales) regulations or the old (Scotland) regulations (as the case may be) applied, the provisions of those schedules shall continue to apply to such proceedings.