Statutory Instruments 1998 No. 3132 (L. 17)
The Civil Procedure Rules 1998
- continued

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RSC ORDER 93

APPLICATIONS AND APPEALS TO HIGH COURT UNDER VARIOUS ACTS: CHANCERY DIVISION

Notice of petition under section 55 of National Debt Act 1870[172]
     Rule1 Where a petition is presented under section 55 of the National Debt Act, 1870, the petitioner must, before the petition is heard, apply to a judge of the Chancery Division sitting in private for directions with respect to giving notice of the claim to which the petition relates, and the judge may direct that notice thereof be given by advertisement or in such other manner as he may direct or may dispense with the giving of such notice.

Application under Public Trustee Act 1906[173]
     Rule 2 Without prejudice to sections 10 (2) and 13 (7) of the Public Trustee Act, 1906, the jurisdiction of the High Court under that Act shall be exercised by a judge of the Chancery Division sitting in private.

Proceedings under Trustee Act 1925[174]
     Rule 4 All proceedings brought in the High Court under the Trustee Act, 1925, shall be assigned to the Chancery Division.

Application under section 2(3) of Public Order Act 1936[175]
     Rule 5  - (1) Proceedings by which an application is made to the High Court under section 2 (3) of the Public Order Act 1936, shall be assigned to the Chancery Division.

    (2) Such an application shall be made by claim form and the persons to be made defendants to the claim shall be such persons as the Attorney-General may determine.

    (3) In the absence of other sufficient representation the Court may appoint the official solicitor to represent any interests which in the opinion of the Court ought to be represented on any inquiry directed by the Court under the said section 2 (3).

Application under Variation of Trusts Act 1958[176]
     Rule 6  - (1) Proceedings by which an application is made to the High Court under section 1 of the Variation of Trusts Act 1958, shall be assigned to the Chancery Division.

    (2) Such an application shall be made by claim form and in addition to any other persons who are necessary and proper defendants to the claim, the settlor and any other person who provided property for the purposes of the trusts to which the application relates must, if still alive and not the claimant, be made a defendant unless the Court for some special reason otherwise directs.

Right of appeal under Law of Property Act
     Rule 9 An appeal shall lie to the High Court against a decision of the Minister of Agriculture, Fisheries and Food under paragraph 16 of Schedule 15 to the Law of Property Act 1922[177].

Determination of appeal or case stated under various Acts
     Rule 10  - (1) An appeal to the High Court against an order of a county court made under the Land Registration Act 1925[178], shall be heard and determined by a Divisional Court of the Chancery Division.

    (2) Subject to paragraph (1) any appeal to the High Court, and any case stated or question referred for the opinion of that Court, under any of the following enactments, that is to say - 

    (c) paragraph 16 of Schedule 15 to the Law of Property Act 1922[179],

    (d) the Industrial Assurance Act 1923[180],

    (f) the Land Registration Act 1925[181],

    (g) section 205(4) of the Water Resources Act 1991[182],

    (j) section 38 (3) of the Clergy Pensions Measure 1961[183],

    (m) the Industrial and Provident Societies Act 1965[184],

    (n) section 173 of the Pension Schemes Act 1993[185],

    (o) section 151 of the Pension Schemes Act 1993

shall be heard and determined by a single judge of the Chancery Division.

    (3) No appeal shall lie from the decision of the Court on an appeal under any of the enactments mentioned in paragraph (2)(c), (f) or (o) except with the permission of the Court or the Court of Appeal.

Appeal under section 17 of Industrial Assurance Act 1923[186]
     Rule11  - (1) An application to the judge for permission to appeal to the High Court against a direction of the Commissioner under section 17 (3) of the Industrial Assurance Act 1923 must be made within 21 days after the date of the Commissioner's refusal or direction.

    (2) An application for the grant of such permission must be made in private without notice being served on any other party by a witness statement or affidavit stating the material facts, the effect of the Commissioner's refusal or direction, the grounds on which the application is made and that the witness is advised and believes that the applicant has good grounds for appealing.

    (3) No order under this rule granting permission to appeal shall be drawn up but the court officer shall indorse on the notice of appeal by which the appeal is brought a note signed by him stating that permission to appeal was granted by the Court and the date on which it was granted. A copy of such note shall appear on any copy of such notice served on a respondent to the appeal.

    (4) Order 55, rule 4 (2) shall not apply in relation to an appeal with respect to which permission has been granted under this rule, but the notice of appeal by which the appeal is brought must be served, and the appeal entered, within 28 days after permission to appeal was granted.

Appeals, etc., affecting industrial and provident societies, etc.
     Rule12  - (1) At any stage of the proceedings on an appeal under - 

    (a) the Friendly Societies Act 1896[187] or the Friendly Societies Act 1974[188],

    (c) the Industrial Assurance Act 1923[189], or

    (e) the Industrial and Provident Societies Act 1965[190],

the Court may direct that the notice of appeal by which the appeal is brought be served on any person or may direct that notice be given by advertisement or otherwise of the bringing of the appeal, the nature thereof and the time when it will or is likely to be heard or may give such other directions as it thinks proper for enabling any person interested in the society, trade union, alleged trade union or industrial assurance company concerned or in the subject-matter of the appeal to appear and be heard on the appeal.

    (2) An application for directions under paragraph (1) may be made by either party to the appeal in accordance with CPR Part 23 returnable at Chancery Chambers.

Application under section 19 or 27 of Leasehold Reform Act 1967[191]
     Rule 15 Proceedings by which an application is made to the High Court under section 19 or 27 of the Leasehold Reform Act 1967 shall be assigned to the Chancery Division.

Proceedings under the Commons Registration Act 1965[192]
     Rule16  - (1) Proceedings in the High Court under section 14 or 18 of the Commons Registration Act 1965 shall be assigned to the Chancery Division.

    (2) The time within which a person aggrieved by the decision of a Commons Commissioner may require the Commissioner to state a case for the opinion of the High Court pursuant to the said section 18 shall be six weeks from the date on which notice of the decision was sent to the person aggrieved.

    (3) An appeal by way of case stated under the said section 18 shall be heard and determined by a single judge.

Proceedings under section 21 or 25 of the Law of Property Act 1969[193]
     Rule 17 Proceedings in the High Court under section 21 or 25 of the Law of Property Act 1969 shall be assigned to the Chancery Division.

Proceedings under section 86 of the Civil Aviation Act 1982[194]
     Rule 18  - (1) Proceedings in the High Court for the amendment of any register of aircraft mortgages kept pursuant to an Order in Council made under section 86 of the Civil Aviation Act 1982 shall be assigned to the Chancery Division.

    (2) Such proceedings shall be brought by claim form and every person, other than the claimant, appearing in the register as mortgagee or mortgagor of the aircraft in question shall be made a defendant to the claim.

    (3) A copy of the claim form shall also be sent to the Civil Aviation Authority and the Authority shall be entitled to be heard in the proceedings.

Proceedings under s.85 (7) of the Fair Trading Act 1973[195] and the Control of Misleading Advertisements Regulations 1988[196]
     Rule 19  - (1) Proceedings to which this rule applies shall be assigned to the Chancery Division and may be begun by claim form.

    (2) This rule applies to any application to the High Court for an order under s.85 (7) of the Fair Trading Act 1973, or under any provision to which that section applies or under the Control of Misleading Advertisements Regulations 1988.

Proceedings under section 50 of the Administration of Justice Act 1985[197]
     Rule 20  - (1) Proceedings by which an application is made to the High Court under section 50 of the Administration of Justice Act 1985 for an order appointing a substituted personal representative or terminating the appointment of an existing personal representative shall be assigned to the Chancery Division.

    (2) An application under the said section 50 shall be made by claim form or, if it is made in existing proceedings, by an application in accordance with CPR Part 23.

    (3) All the existing personal representatives and, subject to any direction of the Court, such of the persons having a beneficial interest in the estate as the claimant thinks fit, must be made parties to the application.

    (4) Such an application must be supported by:

    (a) a sealed or certified copy of the grant of probate or letters of administration, and

    (b) a witness statement or affidavit containing the grounds of the application and the following particulars so far as the claimant can gain information with regard to them: - 

      (i) short particulars of the property comprised in the estate, with an approximate estimate of its income, and capital value;

      (ii) short particulars of the liabilities of the estate;

      (iii) particulars of the persons who are in possession of the documents relating to the estate;

      (iv) the names of the beneficiaries and short particulars of their respective interests; and

      (v) the name, address and occupation of any proposed substituted personal representative;

    (c) where the application is for the appointment of a substituted personal representative: - 

      (i) a signed or (in the case of the Public Trustee or a corporation) sealed consent to act, and

      (ii) a witness statement or affidavit as to the fitness of the proposed substituted personal representative, if an individual, to act.

    (5) On the hearing of an application under the said section 50 the personal representative shall produce to the Court the grant of representation to the deceased's estate and, if an order is made under the said section, the grant (together with a sealed copy of the order) shall be sent to and remain in the custody of the principal registry of the Family Division until a memorandum of the order has been endorsed on or permanently annexed to the grant.

Proceedings under section 48 of the Administration of Justice Act 1985
     Rule 21 Proceedings by which an application is made to the High Court under section 48 of the Administration of Justice Act 1985 shall be assigned to the Chancery Division and shall be begun by claim form but the claim need not be served on any other party.

Proceedings under the Financial Services Act 1986[198]
     Rule 22  - (1) In this rule "the Act" means the Financial Services Act 1986 and a section referred to by number means the section so numbered in that Act.

    (2) Proceedings in the High Court under the Act (other than application for mandamus) and actions for damages for breach of a statutory duty imposed by the Act shall be assigned to the Chancery Division.

    (3) Such proceedings and actions shall be begun by claim form except for applications by petition by the Secretary of State or a designated agency under section 72.

    (4) No order shall be made under sections 6, 61, 71, 91, 104, 131, 184 or paragraph 22 of Schedule 11 against any person unless he is a party to the relevant proceedings.

    Where there is a question of the construction of any of the rules or regulations referred to in section 61 (1)(a) of the Act, the Secretary of State, designated agency, or any person referred to in section 61 (1)(a)(iv) may make representations to the Court.

Proceedings under the Banking Act 1987[199]
     Rule 23  - (1) In this rule "the Act" means the Banking Act 1987 and a section referred to by number means the section so numbered in the Act.

    (2) Proceedings in the High Court under the following sections of the Act shall be assigned to the Chancery Division and shall be begun - 

    (a) as to applications under section 26 (3), 71 (3) and (5) and 77 (3) and (5), by claim form;

    (b) as to appeals under section 31 (1), by notice of appeal;

    (c) as to applications under sections 48 (1), 49 (1) and 93 (1) and (2), by claim form.

    (3) No order shall be made under section 48 (1) against any person unless he is a party to the proceedings.

    (4) Where an application has been made under section 71 (3) or (5) or section 77 (3) or (5) the Bank of England shall within 28 days after service on it of copies of the claimant's witness statement or affidavit evidence cause a witness statement or affidavit to be made, filed and served on the claimant setting out the reasons for its objection to the claimant's name.



RSC ORDER 94

APPLICATIONS AND APPEALS TO HIGH COURT UNDER VARIOUS ACTS: QUEEN'S BENCH DIVISION

Jurisdiction of High Court to quash certain orders, schemes, etc.
     Rule 1  - (1) Where by virtue of any enactment the High Court has jurisdiction, on the application of any person, to quash or prohibit any order, scheme, certificate or plan, any amendment or approval of a plan, any decision of a Minister or government department or any action on the part of a Minister or government department, the jurisdiction shall be exercisable by a single judge of the Queen's Bench Division.

    (2) The application must be made by claim form which must state the grounds of the application.

Filing and service of claim form
     Rule 2  - (1) A claim form under rule 1 must be filed at the Crown Office, and served, within the time limited by the relevant enactment for making the application.

    (2) Subject to paragraph (4) the claim form must be served on the appropriate Minister or government department, and - 

    (a) if the application relates to a compulsory purchase order made by an authority other than the appropriate Minister or government department, or to a clearance order under the Housing Act 1985[200], on the authority by whom the order was made;

    (b) if the application relates to a scheme or order to which Schedule 2 to the Highways Act 1980[201], applies made by an authority other than the Secretary of State, on that authority;

    (c) if the application relates to a structure plan, local plan or other development plan within the meaning of the Town and Country Planning Act 1990[202], on the local planning authority who prepared the plan;

    (d) if the application relates to any decision or order, or any action on the part of a Minister of the Crown to which section 21 of the Land Compensation Act 1961[203], or section 288 of the Town and Country Planning Act 1990, applies, on the authority directly concerned with such decision, order or action or, if that authority is the applicant, on every person who would, if he were aggrieved by the decision, order or action, be entitled to apply to the High Court under the said section 21 or the said section 245, as the case may be;

    (e) if the application relates to a scheme to which Schedule 32 to the Local Government, Planning and Land Act 1980[204] applies, on the body which adopted the scheme.

    (3) In paragraph (2) "the appropriate Minister or government department" means the Minister of the Crown or government department by whom the order, scheme, certificate, plan, amendment, approval or decision in question was or may be made, authorised, confirmed, approved or given or on whose part the action in question was or may be taken.

    (4) Where the application relates to an order made under the Road Traffic Regulation Act 1984[205], the claim form must be served - 

    (a) if the order was made by a Minister of the Crown, on that Minister;

    (b) if the order was made by a local authority with the consent, or in pursuance of a direction, of a Minister of the Crown, on that authority and also on that Minister;

    (c) in any other case, on the local authority by whom the order was made.

Filing of witness statement or affidavits, etc.
     Rule 3  - (1) Evidence at the hearing of an application under rule 1 shall be by witness statement or affidavit.

    (2) Any witness statement or affidavit in support of the application must be filed by the applicant in the Crown Office within 14 days after service of the claim form and the applicant must, at the time of filing, serve a copy of the witness statement or affidavit and of any exhibit thereto on the respondent.

    (3) Any witness statement or affidavit in opposition to the application must be filed by the respondent in the Crown Office within 21 days after the service on him under paragraph (2) of the applicant's witness statement or affidavit and the respondent must, at the time of filing, serve a copy of his witness statement or affidavit and of any exhibit thereto on the applicant.

    (4) When filing a witness statement or affidavit under this rule a party must leave a copy thereof and of any exhibit thereto at the Crown Office for the use of the Court.

    (5) Unless the Court otherwise orders, an application under rule 1 shall not be heard earlier than 14 days after the time for filing a witness statement or affidavit by the respondent has expired.

Rectification of register of deeds of arrangement
     Rule 4  - (1) Every application to the Court under section 7 of the Deeds of Arrangement Act, 1914[206], for an order - 

    (a) that any omission to register a deed of arrangement within the time prescribed by that Act be rectified by extending the time for such registration, or

    (b) that any omission or mis-statement of the name, residence or description of any person be rectified by the insertion in the register of his true name, residence or description,

must be made by witness statement or affidavit without notice being served on any other party to a master of the Queen's Bench Division.

    (2) The witness statement or affidavit must set out particulars of the deed of arrangement and of the omission or mis-statement in question and must state the grounds on which the application is made.

Exercise of jurisdiction under Representation of the People Acts
     Rule 5  - (1) Proceedings in the High Court under the Representation of the People Acts shall be assigned to the Queen's Bench Division.

    (2) Subject to paragraphs (3) and (4) the jurisdiction of the High Court under the said Acts in matters relating to parliamentary and local government elections shall be exercised by a Divisional Court.

    (3) Paragraph (2) shall not be construed as taking away from a single judge or a master any jurisdiction under the said Acts which, but for that paragraph, would be exercisable by a single judge or, as the case may be, by a Master.

    (4) Where the jurisdiction of the High Court under the said Acts is by a provision of any of those Acts made exercisable in matters relating to parliamentary elections by a single judge, that jurisdiction in matters relating to local government elections shall also be exercisable by a single judge.

    (5) A claim form by which any application relating to parliamentary or local government elections is made shall be in Form No. 10 in the relevant Practice Direction.

Appeal to High Court where Court's decision is final
     Rule 6  - (1) This rule applies to an appeal to the High Court under any of the following enactments, namely - 

    (a) section 22 of the Architects Act 1997[207];

    (b) section 82 (3) and 83 (2) of the Medicines Act 1968[208];

    (d) section 12 of the Nurses, Midwives & Health Visitors Act 1997[209];

    (e) section 10 of the Pharmacy Act 1954[210].

    (2) Every appeal to which this rule applies must be supported by witness statement or affidavit and, if the Court so directs, by evidence given orally.

    (4) Order 55, rule 4 (2) shall apply in relation to an appeal under the enactments mentioned in paragraph (1)(c) and (h) as if for the period of 28 days therein specified there were substituted a period of 21 days.

    (5) In the case of an appeal under an enactment specified in column (1) of the following Table, the persons to be made respondents are the persons specified in relation to that enactment in column (2) of that Table and the person to be served with notice of appeal is the person so specified in column (3) thereof:

(1) (2) (3)
Enactment Respondents Person to be served
Architects Act 1997, s.22 The Architects' Registration Council of the United Kingdom The registrar of the Council
Medicines Act 1968, s.82 (3) and s.83 (2) The Pharmaceutical Society of Great Britain The registrar of the Society
Nurses, Midwives and Health Visitors Act, 1997 s.12 The United Kingdom Central Council for Nursing Midwifery and Health Visiting The registrar of the Council
Pharmacy Act, 1954, s.10 The Pharmaceutical Society of Great Britain The registrar of the Society

Reference of question of law by Agricultural Land Tribunal
     Rule 7  - (1) Any question of law referred to the High Court by an Agricultural Land Tribunal under section 6 of the Agriculture (Miscellaneous Provisions) Act 1954[211], shall be referred by way of case stated by the Tribunal.

    (2) The claim form by which an application is made to the Court for an order under the said section 6 directing such a Tribunal to refer a question of law to the Court, and the claim form by which an application is made to the Court to determine a question of law so referred, must, where the proceedings before the Tribunal arose on an application under section 11 of the Agricultural Holdings Act, 1986[212], be served on the authority having power to enforce the statutory requirement specified in the application as well as on every other party to those proceedings and on the secretary of the Tribunal.

    (3) Where in accordance with the provisions of this rule a claim form is served on the authority mentioned in paragraph (2) that authority shall be entitled to appear and be heard in the proceedings.

Tribunals and Inquiries Act 1992[213]: appeal from tribunal
     Rule 8  - (1) A person who was a party to proceedings before any such tribunal as is mentioned in section 11 (1) of the Tribunals and Inquiries Act 1992 and is dissatisfied in point of law with the decision of the tribunal may appeal to the High Court.

    (2) Order 55, rule 4 (1)(b) shall apply in relation to such an appeal as if for the reference to the chairman of a tribunal there were substituted - 

    (a) in the case of a tribunal which has no chairman or member who acts as a chairman, a reference to the member or members of the tribunal, and

    (b) in the case of any such tribunal as is specified in paragraph 16 of Schedule 1 to the said Act of 1992, a reference to the secretary of the tribunal.

    (3) Where such an appeal is against the decision of - 

    (a) the tribunal constituted under section 46 of the National Health Service Act 1977[214], or

    (b) a tribunal established under section 1 of the Industrial Tribunals Act 1996[215],

Order 55, rule 4 (2) shall apply in relation to the appeal as if for the period of 28 days therein specified there were substituted, in the case of the tribunal mentioned in sub-paragraph (a) a period of 14 days and, in the case of a tribunal mentioned in sub-paragraph (b) a period of 42 days.

Tribunals and Inquiries Act 1992: case stated by tribunal
     Rule 9  - (1) Any such tribunal as is mentioned in section 11 (1) of the Tribunals and Inquiries Act 1992 may, of its own initiative or at the request of any party to proceedings before it, state in the course of proceedings before it in the form of a special case for the decision of the High Court any question of law arising in the proceedings.

    (2) Any party to proceedings before any such tribunal who is aggrieved by the tribunal's refusal to state such a case may apply to the High Court for an order directing the tribunal to do so.

    (3) A case stated by any such tribunal which has no chairman or member who acts as a chairman must be signed by the member or members of the tribunal.

Tribunals and Inquiries Act 1971[216]: appeal from Minister of Transport
     Rule 10  - (1) A person who is dissatisfied on a point of law with a decision of the Secretary of State on such an appeal as is mentioned in section 13 (5) of the Tribunals and Inquiries Act 1971, and had, or if aggrieved would have had, a right to appeal to that Secretary of State, whether or not he exercised that right, may appeal to the High Court.

    (2) The persons to be served with the claim form by which such an appeal is brought are the Secretary of State and every person who had, or if aggrieved would have had, a right to appeal to the Secretary of State.

    (3) The Court hearing the appeal may remit the matter to the Secretary of State to the extent necessary to enable him to provide the Court with such further information in connection with the matter as the Court may direct.

    (4) If the Court is of the opinion that the decision appealed against was erroneous on a point of law, it shall not set aside or vary that decision but shall remit the matter to the Minister with the opinion of the Court for rehearing and determination by him.

    (5) Order 55, rule 7 (5) shall not apply in relation to the appeal.

Consumer Credit Act 1974[217]: appeal from Secretary of State
     Rule 10A  - (1) A person who is dissatisfied in point of law with a decision of the Secretary of State on an appeal under section 41 of the Consumer Credit Act 1974 from a determination of the Director General of Fair Trading and had a right to appeal to the Secretary of State, whether or not he exercised that right, may appeal to the High Court.

    (2) The persons to be served with the claim form by which such an appeal is brought are the Secretary of State and, where the appeal is by a licensee under a group licence against compulsory variation, suspension or revocation of that licence, the original applicant, if any; but the Court may in any case direct that the claim form be served on any other person.

    (3) The Court hearing the appeal may remit the matter to the Secretary of State to the extent necessary to enable him to provide the Court with such further information in connection with the matter as the Court may direct.

    (4) If the Court is of the opinion that the decision appealed against was erroneous in point of law, it shall not set aside or vary that decision but shall remit the matter to the Secretary of State with the opinion of the Court for hearing and determination by him.

    (5) Order 55, rule 7 (5) shall not apply in relation to the appeal.




Notes


[172] 1870 c.71.back

[173] 1906 c.55.back

[174] 1925 c.19.back

[175] 1936 c.2.back

[176] 1958 c.53.back

[177] 1922 c.16; Paragraph 16 was amended by the Law of Property (Amendment) Act 1924 (c. 5), section 2, schedule 2.back

[178] 1925 c.21.back

[179] 1922 c.16.back

[180] 1923 c.8.back

[181] 1925 c.21.back

[182] 1991 c.57.back

[183] 1961 No.3.back

[184] 1965 c.12.back

[185] 1993 c.48.back

[186] 1923 c.8; section 17 was amended by the Friendly Societies Act 1971 (c.66), sections 5(5), 14(2), schedule 3 and by the Friendly Societies Act 1992 (c.40), section 100, schedule 19, Part I, paragraphs 1, 5 and 6.back

[187] 1896 c.25.back

[188] 1974 c.66.back

[189] 1923 c.8.back

[190] 1965 c.12.back

[191] 1967 c.88; section 19 was amended by the Local Land Charges Act 1975 (c.76), section 17(2), schedule 1.back

[192] 1965 c.65.back

[193] 1969 c.59; section 25 was amended by the Limitation Act 1980 (c.58), section 40(2), schedule 3, paragraph 9; and by the Land Charges Act 1972 (c.61), section 18, schedule 5.back

[194] 1982 c.16; section 86 was amended by the Merchant Shipping Act 1995 (c.21), section 314(2), schedule 13, paragraph 64.back

[195] 1973 c.41.back

[196] S.I. 1988/915.back

[197] 1985 c.61.back

[198] 1986 c.60.back

[199] 1987 c.22.back

[200] 1985 c.68.back

[201] 1980 c.66.back

[202] 1990 c.8.back

[203] 1961 c.33.back

[204] 1980 c.65.back

[205] 1984 c.27.back

[206] 1914 c.47.back

[207] 1997 c.22.back

[208] 1968 c.24.back

[209] 1997 c.24.back

[210] 1954 c.61.back

[211] 1954 c.39.back

[212] 1986 c.5.back

[213] 1992 c.53.back

[214] 1977 c.49.back

[215] 1996 c.17.back

[216] 1971 c.62.back

[217] 1974 c.39.back



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