Statutory Instruments 1998 No. 3132 (L. 17)
The Civil Procedure Rules 1998
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CCR ORDER 44

THE AGRICULTURAL HOLDINGS ACT 1986

Order to arbitrator to state case

    Rule 1
 - (1) An application under paragraph 26 of Schedule 11 to the Agricultural Holdings Act 1986[307] for an order directing an arbitrator to state, in the form of a special case for the opinion of the court, a question of law arising in the course of the arbitration shall include a concise statement of the question of law.

    (2) The arbitrator shall not be made a respondent to the application, but if the judge grants the application, a copy of the order shall be served on the arbitrator.

Special case stated by arbitrator

    Rule 2
 - (1) Where, pursuant to the said paragraph 26, an arbitrator states, in the form of a special case for the opinion of the court, any question of law arising in the course of the arbitration, the case shall contain a statement of such facts and reference to such documents as may be necessary to enable the judge to decide the question of law.

    (2) The case shall be signed by the arbitrator and shall be lodged in the court office by the arbitrator or any party to the arbitration, together with a copy for the use of the judge.

    (3) The court officer shall fix a day for the hearing of the special case and give notice thereof to the parties.

    (4) On the hearing the judge shall be at liberty to draw any inferences of fact from the case and the documents referred to therein.

    (5) The judge may remit the case to the arbitrator for restatement or further statement.

    (6) A copy of the order made by the judge on the hearing shall be served on the parties to the arbitration and on the arbitrator.

Removal of arbitrator or setting aside award

    Rule 3
 - (1) An application under paragraph 27 of Schedule 11 to the said Act of 1986 for the removal of an arbitrator on the ground of his misconduct or for an order setting aside an award on the ground that the arbitrator has misconducted himself or that an arbitration or award has been improperly procured or that there is an error of law on the face of the award shall be made within 21 days after the date of the award.

    (2) The arbitrator and all parties to the arbitration, other than the applicant, shall be made respondents.

Enforcement of order imposing penalty

    Rule 4
 - (1) When taking any proceedings for the enforcement in a county court of an order under section 27 of the Agricultural Holdings Act 1986, the party in whose favour the order was made shall file—

    (a) a certified copy of the order; and


    (b) a certificate specifying the amount due under the order and stating whether any previous proceedings have been taken for its enforcement and, if so, the nature of the proceedings and their result.


    (2) Where it is desired to enforce the order by warrant of execution, the proceedings may be taken in any court in the district of which execution is to be levied.


CCR ORDER 45

THE REPRESENTATION OF THE PEOPLE ACT 1983

Application for detailed assessment of returning officer's account

    Rule 1
 - (1) An application by the Secretary of State under section 30 of the Representation of the People Act 1983[308] for the detailed assessment of a returning officer's account shall be made by claim form and on issuing the claim form the court will fix a day for the hearing which shall be a day for proceeding with the detailed assessment if the application is granted.

    (2) Where on the application the returning officer desires to apply to the court to examine any claim made against him in respect of matters charged in the account, the application shall be made in writing and filed, together with a copy thereof, within 7 days after service on the returning officer of the copy of the application for detailed assessment.

    (3) On the filing of an application under paragraph (2) the court officer shall fix a day for the hearing and give notice thereof to the returning officer, and a copy of the application and of the notice shall be served on the claimant in the manner required for service of the notice of the day of hearing in accordance with Order 3, rule 6.

    (4) The examination and detailed assessment may, if the court thinks fit, take place on the same day, but the examination shall be determined before the detailed assessment is concluded.

    (5) The application for detailed assessment and any application under paragraph (2) may be heard and determined by the district judge and a copy of the order made on the application shall be served on the Secretary of State and the returning officer and, in the case of an application under paragraph (2), on the claimant.

Appeal from decision of registration officer

    Rule 2
 - (1) Where notice of appeal from a decision of a registration officer is given pursuant to regulations made under section 53 of the said Act of 1983, the registration officer shall, within 7 days after receipt of the notice by him, forward the notice by post to the court in which the appeal is required to be brought, together with the statement mentioned in those regulations.

    (2) The appeal shall be brought in the court for the district in which the qualifying premises are situated.

In this paragraph "qualifying premises" means the premises in respect of which—

    (a) the person whose right to be registered in the register of electors is in question on the appeal is entered on the electors' list or is registered or claims to be entitled to be registered; or


    (b) the person whose right to vote by proxy or by post is in question on the appeal is or will be registered in the register of electors; or


    (c) the elector whose proxy's right to vote by post is in question on the appeal is or will be registered in the register of electors,


as the case may be.

    (3) The respondents to the appeal shall be the registration officer and the party (if any) in whose favour the decision of the registration officer was given.

    (4) On the hearing of the appeal—

    (a) the statement forwarded to the court by the registration officer and any document containing information furnished to the court by the registration officer pursuant to the regulations mentioned in paragraph (1) shall be admissible as evidence of the facts stated therein; and


    (b) the judge shall have power to draw all inferences of fact which might have been drawn by the registration officer and to give any decision and make any order which ought to have been given or made by the registration officer.


    (5) A respondent to an appeal other than the registration officer shall not be liable for or entitled to costs, unless he appears before the court in support of the decision of the registration officer.

Selected appeals

    Rule 3
 - (1) Where two or more appeals to which rule 2 relates involve the same point of law, the judge may direct that one appeal shall be heard in the first instance as a test case and thereupon the court shall send a notice of the direction to the parties to the selected appeal and the parties to the other appeals.

    (2) If within 7 days after service of such notice on him any party to an appeal other than the selected appeal gives notice to the court that he desires the appeal to which he is a party to be heard—

    (a) the appeal shall be heard after the selected appeal is disposed of;


    (b) the court shall give the parties to the appeal notice of the day on which it will be heard;


    (c) the party giving notice under this paragraph shall not be entitled to receive any costs occasioned by the separate hearing of the appeal to which he is a party, unless the judge otherwise orders.


    (3) If no notice is given under paragraph (2) within the time limited—

    (a) the decision on the selected appeal shall bind the parties to each other appeal without prejudice to their right to appeal to the Court of Appeal;


    (b) an order similar to the order in the selected appeal shall be made in each other appeal without further hearing;


    (c) the party to each other appeal who is in the same interest as the unsuccessful party to the selected appeal shall be liable for the costs of the selected appeal in the same manner and to the same extent as the unsuccessful party to that appeal and an order directing him to pay such costs may be made and enforced accordingly.


CCR ORDER 46 THE LEGITIMACY ACT 1976
Manner of application

    Rule 1
 - (1) An application to a county court under section 45 (2) of the Matrimonial Causes Act 1973[309] for a declaration of legitimation by virtue of the Legitimacy Act 1976[310] shall be made by claim form stating—

    (a) the grounds on which the applicant relies;


    (b) the date and place of birth of the applicant and the maiden name of his mother and, if it be the case, that the applicant is known by a name other than that which appears in the certificate of his birth; and


    (c) particulars of every person whose interest may be affected by the proceedings and his relationship, if any, to the applicant, including any person other than the applicant's father to whom his mother was married at the date of his birth.


    (2) The application may be filed in the court for the district in which the applicant resides or the marriage leading to the legitimation was celebrated, or if neither the residence of the applicant nor the place of the marriage is in England or Wales, then in the Westminster County Court.

    (3) The applicant shall file with the claim form—

    (a) a witness statement or affidavit by him (or, if he is a child, by his litigation friend) verifying the application; and


    (b) any birth, death or marriage certificate intended to be relied on at the hearing.


Preliminary consideration and service

    Rule 2
 - (1) On the filing of the documents mentioned in rule 1, the court officer shall fix a day for a case management hearing and give notice thereof to the Attorney-General.

    (2) It shall not be necessary to serve the application on the Attorney-General otherwise than by delivering a copy of it to him in accordance with section 45 (6) of the Matrimonial Causes Act 1973.

    (3) At the case management hearing the court shall give directions as to the persons, if any, other than the Attorney-General, who are to be made respondents to the application.

    (4) Where in the opinion of the court it is impracticable to serve a respondent other than the Attorney-General in accordance with the rules relating to service or it is otherwise necessary or expedient to dispense with service of the claim form on any such respondent, the court may make an order dispensing with service on him.

Answer

    Rule 3
 - (1) The Attorney-General may file an answer to the application within 14 days after directions have been given at the case management hearing.

    (2) Any other respondent who wishes to oppose the application or to dispute any of the facts alleged in it shall, within 14 days after service of the application on him, file an answer to the application.

    (3) A respondent who files an answer shall file with it as many copies as there are other parties to the proceedings and the court shall send one of the copies to each of those parties.


CCR ORDER 47

DOMESTIC AND MATRIMONIAL PROCEEDINGS

Family Law Reform Act 1969

    Rule 5
 - (1) In this rule—

"blood samples" and "blood tests" have the meanings assigned to them by section 25 of the Family Law Reform Act 1969[311]; and "direction" means a direction for the use of blood tests under section 20 (1) of that Act.

    (2) Except with the permission of the court, an application in any proceedings for a direction shall be made on notice to every party to the proceedings (other than the applicant) and to any other person from whom the direction involves the taking of blood samples.

    (3) Where an application is made for a direction involving the taking of blood samples from a person who is not a party to the proceedings in which the application is made, the application notice shall be served on him personally and the court may at any time direct him to be made a party to the proceedings.

    (4) Where an application is made for a direction in respect of a person (in this paragraph referred to as a person under disability) who is either—

    (a) under 16; or


    (b) suffering from mental disorder within the meaning of the Mental Health Act 1983[312] and incapable of understanding the nature and purpose of blood tests,


the notice of application shall state the name and address of the person having the care and control of the person under disability and shall be served on him instead of on the person under disability.

    (5) Where the court gives a direction in any proceedings, the court officer shall send a copy to every party to the proceedings and to every other person from whom the direction involves the taking of blood samples, and, unless otherwise ordered, the proceedings shall stand adjourned until the court receives a report pursuant to the direction.

    (6) On receipt by the court of a report made pursuant to a direction, the court officer shall send a copy to every party to the proceedings and to every other person from whom the direction involved the taking of blood samples.

CCR ORDER 48B

ENFORCEMENT OF PARKING PENALTIES UNDER THE ROAD TRAFFIC ACT 1991[313]

Application and interpretation

    Rule 1
 - (1) This Order applies for the recovery of—

    (a) increased penalty charges provided for in parking charge certificates issued under paragraph 6 of Schedule 6 to the 1991 Act; and


    (b) amounts payable by a person other than an authority under an adjudication of a parking adjudicator pursuant to section 73 of the 1991 Act.


    (2) In this Order, unless the context otherwise requires—

    "authority" means the local authority which served the charge certificate;

    "order" means an order made under paragraph 7 of Schedule 6 to the 1991 Act or, as the case may be, under section 73 of that Act;

    "the Order" means the Enforcement of Road Traffic Debts Order 1993[314] made under section 78 of the 1991 Act as it applies to a local authority;

    "relevant period" means the period of 21 days allowed for serving a statutory declaration by paragraph 8 (1) of Schedule 6 to the 1991 Act or, where a longer period has been allowed pursuant to paragraph 8 (4) of the said Schedule, that period;

    "respondent" means the person on whom the charge certificate was served or, as the case may be, the person (other than an authority) by whom the amount due under an adjudication of a parking adjudicator is payable;

    "specified debts" means the Part II debts specified in article 2 of the Order;

    "statutory declaration" means a declaration in the appropriate form which complies with paragraph 8 (2) of Schedule 6 to the 1991 Act; and

    "the 1991 Act" means the Road Traffic Act 1991.

        (3) Unless the context otherwise requires, expressions which are used in the 1991 Act have the same meaning in this Order as they have in that Act.

        (4) The references in paragraph (2) to a local authority mean—

      (a) in England, a London authority, a county or district council or the Council of the Isles of Scilly; and


      (b) in Wales, a county or county borough council.


    Establishment of the parking enforcement centre Rule 1A

        (1) There shall be a parking enforcement centre ("the Centre") situated at such place or places as the Lord Chancellor may determine and having such functions relating to proceedings under this Order 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 documents to which the functions relates or in whose name the documents are issued;


      (b) any officer of the Centre shall, in exercising its functions, be deemed to act as a court officer of that court,


    and these rules shall have effect accordingly.

    Requests for orders

        Rule 2
     - (1) An authority which wishes to take proceedings under this Order shall give notice to the court officer and, where the court officer so allows, requests for orders may be made, and such orders may be enforced, in accordance with the following provisions of this Order.

        (2) An authority shall file a request for an order in the appropriate form scheduling the increased penalty charges in respect of which an order is sought.

        (3) The authority shall in the request or in another manner approved by the court officer—

      (a) certify—

        (i) that 14 days have elapsed since service of the charge certificate;

        (ii) the amount due under the charge certificate and the date on which the charge certificate was served; and

        (iii) that the amount due remains unpaid;


      (b) give the charge certificate number;


      (c) specify (whether by reference to the appropriate code or otherwise) the grounds stated in the notice to owner on which the parking attendant who issued the penalty charge notice believed that a penalty charge was payable with respect to the vehicle;


      (d) state—

        (i) the name and address of the respondent and, where known, his title;

        (ii) the registration number of the vehicle concerned;

        (iii) (whether by reference to the appropriate charge certificate's number or otherwise) the authority's address for service;

        (iv) the court fee.


        (4) If satisfied that the request is in order, the court officer shall order that the increased charge (together with the court fee) may be recovered as if it were payable under a county court order by sealing the request and returning it to the authority.

        (5) When the court officer so orders and on receipt of the sealed request, the authority may draw up the order and shall annex to any such order a form of statutory declaration for the respondent's use.

        (6) Within 14 days of receipt of the sealed request, the authority shall serve the order (and the form of statutory declaration) on the respondent by—

      (a) delivering the order to the respondent personally; or


      (b) sending it by first-class post to the respondent at the address given in the request.


    (6A) Where an order is served in accordance with paragraph (6)(b), the date of service shall, unless the contrary is shown, be deemed to be the seventh day after the date on which the order was sent to the respondent. (6B) Subject to paragraphs (6C) and (6D), where partners are served in the name of their firm, service of an order shall be good service on all the partners, whether any of them is out of England and Wales or not, if the order is—

      (a) delivered to a partner personally; or


      (b) served by a court officer sending it by first class post to the firm at the address stated in the request.


    (6C) Where the partnership has to the knowledge of the authority been dissolved before the service of the order, the order shall be served upon every person within the jurisdiction sought to be made liable. (6D) Unless the authority, or its solicitor, otherwise requests, service on the partnership shall be effected in accordance with paragraph (6B)(b). (6E) Where an order is served in accordance with paragraph (6B)(b) the date of service shall, unless the contrary is shown, be deemed to be the seventh day after the date on which the order was sent to the respondent. (6F) Service on a corporation may be effected by serving it on the mayor, chairman or president of the body or the chief executive, clerk, secretary, treasurer or other similar officer thereof. (6G) Service of a summons on a company registered in England and Wales may be effected by serving it at the registered office or at any place of business of the company which has some real connection with an issue in the proceedings. (6H) Where an order has been served under paragraph (6G) other than at the registered office, and after a request for a warrant of execution has been sealed, it appears to the court officer that the order did not come to the attention of the appropriate person within the company in due time, the court may, on application under CPR Part 23 or of its own initiative, set aside the warrant, and may give such directions as it considers appropriate.

        (7) Where an authority requests an order in respect of amounts payable by a person other than an authority under an adjudication of a parking adjudicator pursuant to section 73 of the 1991 Act, paragraphs (2) and (3) shall apply with the necessary modifications and in addition the authority shall—

      (a) state the date on which the adjudication was made;


      (b) provide details of the order made on the adjudication; and


      (c) certify the amount awarded by way of costs and that the amount remains unpaid.


    Documents

        Rule 3
     - (1) Where by or under this Order any document is required to be filed, that requirement shall be deemed to be satisfied if the information which would be contained in the document is delivered in computer-readable form but nothing in this paragraph shall be taken as enabling an authority to commence proceedings without supplying a written request in the appropriate form under rule 2 (2).

        (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) Where by or under this Order or by virtue of any order a document which contains information 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 for storing such information.

    Functions of court officer

        Rule 4
     - (1) The functions of the district judge under paragraph 8 (4) and (5)(d) of Schedule 6 to the 1991 Act (longer period for service of the statutory declaration and notice of effect of statutory declaration) may be exercised by the court officer.

        (2) Where pursuant to paragraph 8 (4) of Schedule 6 to the 1991 Act a longer period is allowed for service of the statutory declaration, the court officer shall notify the authority and the respondent accordingly.

    Enforcement of orders

        Rule 5
     - (1) Subject to the Order and to this rule, the following provisions of Orders 25 to 27, 30 and 31 of these Rules shall apply for the enforcement of specified debts—

    Order 25, rules 1, 2 (except paragraph (3)(b), (c) and (d)), 3, 5 (except paragraph (1)(a) and (b)) and 9;

    Order 26, rule 5;

    Order 27, rules 1 to 7, 7A, 9 to 16 and 18 to 22;

    Order 30, rules 1 to 3, 5 and 7 to 15;

    Order 31, rules 1 to 4.

        (2) CPR rule 30.2(1) (b) (ii) (court may order transfer of proceedings to enforce judgment or order to another county court if proceedings could be more conveniently or fairly taken there) applies to proceedings under this Order.

        (3) An authority desiring to issue a warrant of execution shall file a request in that behalf in the appropriate form or in another manner approved by the court officer—

      (a) certifying the amount remaining due under the order;


      (b) specifying the date of service of the order on the respondent; and


      (c) certifying that the relevant period has elapsed.


        (4) The court shall seal the request and return it to the authority which shall, within 7 days of the sealing of the request, prepare the warrant in the appropriate form.

        (5) No payment under a warrant shall be made to the court.

        (6) A warrant shall, for the purpose of execution, be valid for 12 months beginning with the date of its issue and nothing in this rule or in Order 26 shall authorise an authority to renew a warrant.

        (7) Where an order is deemed to have been revoked under paragraph 8 (5) of Schedule 6 to the 1991 Act—

      (a) the court shall serve a copy of the statutory declaration on the authority;


      (b) any execution issued on the order shall cease to have effect; and


      (c) on receipt of the court officer's notice under paragraph 8 (5)(d) of Schedule 6, the authority shall forthwith inform any bailiff instructed to levy execution of the withdrawal of the warrant.


        (8) In addition to the requirements of that rule, any application by an authority under Order 25, rule 2, shall—

      (a) where the authority has not attempted to enforce by execution, give the reasons why no such attempt was made;


      (b) certify that there has been no relevant return to the warrant of execution;


      (c) specify the date of service of the order on the respondent; and


      (d) certify that the relevant period has elapsed.


        (9) An application under Order 30, rule 2 and (unless provided pursuant to an application under Order 25 rule 2) any application by an authority under Order 25, rule 3, Order 27, rule 4 (1) or Order 31, rule 1 (2) shall, in addition to the requirements of those rules—

      (a) where the authority has not attempted to enforce by execution, give the reasons why no such attempt was made;


      (b) certify that there has been no relevant return to the warrant of execution;


      (c) specify the date of service of the order on the respondent, and


      (d) certify that the relevant period has elapsed.


    (10) In paragraphs (8) and (9) "no relevant return to the warrant" means that—

      (a) the bailiff has been unable to seize goods because he has been denied access to the premises occupied by the respondent or because the goods have been removed from those premises;


      (b) any goods seized under the warrant of execution are insufficient to satisfy the specified debt and the cost of execution; or


      (c) the goods are insufficient to cover the cost of their removal and sale.


    (11) If the court officer allows, an authority may combine information relating to one charge certificate with information concerning the same respondent in another charge certificate in any request made, or any application brought, under one of the provisions mentioned in paragraph (8) or (9) above.





    Notes


    [307] 1986 c.5.back

    [308] 1983 c.3.back

    [309] 1973 c.18; section 45 was amended by the Domestic Proceedings and Magistrates' Courts Act 1978 (c.22); section 89, schedule 2, paragraph 39; by the Matrimonial and Family Proceedings Act 1984 (c.42), section 46(1), schedule 1, paragraph 15; and by the Family Law Act 1986 (c.55), section 68(1), schedule 1, paragraph 14.back

    [310] 1976 c.31.back

    [311] 1969 c.46; section 25 was amended by the Human Fertilisation and Embryology Act 1990 (c.37), section 49(5), schedule 4, paragraph 1; and section 20 by the Children Act 1989 (c.41), section 89; and by the Courts and Legal Services Act 1990 (c.41) , section 116, schedule 16, Part I, paragraph 3.back

    [312] 1983 c.20.back

    [313] 1991 c.40.back

    [314] S.I. 1993/2073.back



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