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

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Housing Act 1996: injunctions and powers of arrest

Rule 6B


    (1) An application for an injunction under section 152 of the Housing Act 1996[325] may be made by a claim in the appropriate prescribed form and shall be commenced in the court for the district in which the respondent resides or the conduct complained of occurred.

    (2) Every application shall—

    (a) state the terms of the injunction applied for; and


    (b) be supported by a witness statement or affidavit in which the grounds on which the application is made are set out.


    (3) Every application made on notice must be served, together with a copy of the witness statement or affidavit, by the applicant on the respondent personally not less than 2 days before the date on which the application will be heard.

    (4) Where an application is made without giving notice, the affidavit in support shall explain why notice was not given and the application and witness statement or affidavit shall be served (with a copy of any order made by the court), on the respondent personally without delay.

    (5) Unless otherwise directed, every application made on notice shall be heard in public.

    (6) Where in exercise of the powers conferred by section 152 (6) or 153 (1) of the Housing Act 1996, a power of arrest is attached to any provision of an injunction ("a relevant provision")—

    (a) each relevant provision shall be set out in a separate clause of the injunction and no such clause shall refer to any form of conduct which would not entitle a constable to arrest the respondent under paragraph (a), (b) or (c) of section 152(1) or under paragraph (a), (b) or (c) of section 153 (5) of the Housing Act 1996; and


    (b) the applicant shall deliver a copy of the relevant provisions to the police officer for the time being in charge of any police station for the area where the conduct occurred.


    (7) Where an order is made varying or discharging any relevant provision of an injunction to which a power of arrest has been attached, the court shall—

    (a) immediately inform the police officer for the time being in charge of the police station to which a copy of the relevant provisions was delivered under paragraph (6); and


    (b) deliver a copy of the order to any police officer so informed.


    (8) The judge before whom a person is brought following his arrest may adjourn the proceedings and, where such an order is made, the arrested person shall be released and—

    (a) be dealt with (whether by the same or another judge) within 14 days of the day on which he was arrested; and


    (b) be given not less than 2 days' notice of the adjourned hearing;


Nothing in this paragraph shall prevent the issue of a notice under Order 29 rule 1 (4) if the arrested person is not dealt with within the period mentioned in sub-paragraph (a).

    (9) In relation to a person who is in custody under such an order and warrant of a county court, Order 29, rule 3, shall have effect as if the order and warrant were issued at the instance of the person who made the application. (10) Order 29, rule 1 shall apply where an application is made to commit a person—

    (a) for breach of an injunction granted, or


    (b) arrested under a power of arrest attached to an injunction under Chapter III of Part V of the Housing Act 1996,


as if references in that rule to the judge included references to a district judge. (11) In paragraph (8) "arrest" means the arrest of a person pursuant to a power of arrest which, in exercise of the powers conferred by section 152 (6) or 153 (1) of the Housing Act 1996, has been attached to an injunction. (12) The jurisdiction of the court under sections 152 to 157 of the Housing Act 1996 may be exercised by a district judge Injunctions to prevent environmental harm: Town and Country Planning Act 1990 etc.

    Rule 7
 - (1) An injunction under—

    (a) section 187B or 214A of the Town and Country Planning Act 1990[326],


    (b) section 44A of the Planning (Listed Buildings and Conservation Areas) Act 1990[327], or


    (c) section 26AA of the Planning (Hazardous Substances) Act 1990[328],


may be granted against a person whose identity is unknown to the applicant; and in the following provisions of this rule such an injunction against such a person is referred to as "an injunction under paragraph (1)", and the person against whom it is sought is referred to as "the respondent".

    (2) An applicant for an injunction under paragraph (1) shall, describe the respondent by reference to—

    (a) a photograph,


    (b) a thing belonging to or in the possession of the respondent, or


    (c) any other evidence,


with sufficient particularity to enable service to be effected, and the form of the claim form used shall be modified accordingly.

    (3) An applicant for an injunction under paragraph (1) shall file evidence by witness statement or affidavit—

    (a) verifying that he was unable to ascertain, within the time reasonably available to him, the respondent's identity.


    (b) setting out the action taken to ascertain the respondent's identity and


    (c) verifying the means by which the respondent has been described in the claim form and that the description is the best that the applicant is able to provide.


    (4) Paragraph (2) is without prejudice to the power of the court to make an order in accordance with CPR Part 6 for service by an alternative method or dispensing with service.

Leasehold Reform Act 1967[329]

    Rule 8
 - (1) In this rule a section referred to by number means the section so numbered in the Leasehold Reform Act 1967 and "Schedule 2" means Schedule 2 to that Act.

    (2) Where a tenant of a house and premises desires to pay money into court pursuant to section 11 (4) or section 13 (1) or (3)—

    (a) he shall file in the office of the appropriate court a witness statement or affidavit stating—

      (i) the reasons for the payment into court,

      (ii) the house and premises to which the payment relates and the name and address of the landlord, and

      (iii) so far as they are known to the tenant, the name and address of every person who is or may be interested in or entitled to the money;


    (b) on the filing of the witness statement or affidavit the tenant shall pay the money into court and the court officer shall enter the matter in the records of the court and send notice of the payment to the landlord and to every person whose name and address are given in the witness statement or affidavit pursuant to sub-paragraph (a)(iii);


    (c) any subsequent payment into court by the landlord pursuant to section 11 (4) shall be made to the credit of the same account as the payment into court by the tenant and sub-paragraphs (a) and (b) shall apply as if for the references to the tenant and the landlord there were substituted references to the landlord and the tenant respectively.


    (d) the appropriate court for the purposes of sub-paragraph (a) shall be the court for the district in which the property is situated or, if the payment into court is made by reason of a notice under section 13 (3), any other county court specified in the notice.


    (3) Where the proceedings on an application are ordered to be transferred to a leasehold valuation tribunal under section 21 (3), the court shall—

    (a) send notice of the transfer to all parties to the application; and


    (b) send to the leasehold valuation tribunal copies certified by the district judge of all entries in the records of the court relating to the application, together with the order of transfer and all documents filed in the proceedings.


    (4) Where an application is made under section 17 or 18 for an order for possession of a house and premises the respondent shall—

    (a) forthwith after being served with the application, serve on every person in occupation of the property or part of it under an immediate or derivative sub-tenancy, a notice informing him of the proceedings and of his right under paragraph 3 (4) of Schedule 2 to appear and be heard in the proceedings with the permission of the court, and


    (b) within 14 days after being served with the application, file an answer stating the grounds, if any, on which he intends to oppose the application and giving particulars of every such sub-tenancy.


Leasehold Reform, Housing and Urban Development Act 1993[330]

    Rule 9
 - (1) In this rule—

    (a) "the 1993 Act" means the Leasehold Reform, Housing and Urban Development Act 1993;


    (b) a section or Schedule referred to by number means the section or Schedule so numbered in the 1993 Act; and


    (c) expressions used in this rule have the same meaning as they have in the 1993 Act.


    (2) Where an application is made under section 23 (1) by a person other than the reversioner—

    (a) on the issue of the application, the applicant shall send a copy of the application to the reversioner;


    (b) the applicant shall promptly inform the reversioner either—

      (i) of the court's decision; or

      (ii) that the application has been withdrawn.


    (3) Where an application is made under section 26 (1) or (2) or section 50 (1) or (2) it shall be made by the issue of a claim form which must not be served on any other person to the district judge, who may grant or refuse it or give directions for its future conduct, including the addition as respondents of such persons as appear to have an interest in it.

    (4) Where an application is made under section 26 (3), it shall be made by the issue of a claim form and—

    (a) the applicants shall serve notice of the application on any person who they know or have reason to believe is a relevant landlord, giving particulars of the application and the return date and informing that person of his right to be joined as a party to the proceedings;


    (b) the landlord whom it is sought to appoint as the reversioner shall be a respondent to the application, and shall file an answer;


    (c) a person on whom notice is served under sub-paragraph (a) shall be added as a respondent to the proceedings when he gives notice in writing to the court of his wish to be added as party, and the court shall notify all other parties of the addition.


    (5) Where a person wishes to pay money into court under section 27 (3), section 51 (3) or paragraph 4 of Schedule 8, rule 8 (2) shall apply as it applies to payments into court made under the Leasehold Reform Act 1967, subject to the following modifications—

    (a) references in rule 8 to the payment of money into court by a tenant shall be construed as references to the person or persons making a payment into court under the 1993 Act;


    (b) the reference in rule 8 (2)(a)(ii) to "house and premises" shall be construed as a reference to the interest or interests in the premises to which the payment into court relates, or, where the payment into court is made under section 51 (3), to the flat to which it relates;


    (c) the witness statement or affidavit filed by the tenant under rule 8(2)(a) shall include details of any vesting order; and


    (d) the appropriate court for the purposes of that sub-paragraph shall be—

    (i) where a vesting order has been made, the court which made the vesting order; or

    (ii) where no such order has been made, the court in whose district the premises are situated.


    (6) Where an order is made under section 91 (4), rule 8 (3) (transfer to leasehold valuation tribunal) shall apply as it applies on the making of an order under section 21 (3) of the Leasehold Reform Act 1967.

    (7) Where a relevant landlord acts independently under Schedule 1, paragraph 7, he shall be entitled to require any party to proceedings under the 1993 Act (as described in paragraph 7 (1)(b) of Schedule 1) to supply him, on payment of the reasonable costs of copying, with copies of all documents which that party has served on the other parties to the proceedings.

Local Government Finance Act 1982[331]

    Rule 10
 - (1) In this rule a section referred to by number means the section so numbered in the Local Government Finance Act 1982.

    (2) Proceedings in a county court under section 19 or section 20 shall be commenced in the court for the district in which the principal office of the body to whose accounts the application relates (in this rule referred to as "the body concerned") is situated.

    (3) A claim form for a declaration under section 19 (1) shall state the facts on which the applicant intends to rely at the hearing of the application and the respondents to the application shall be the body concerned and any person against whom an order is sought under section 19 (2).

    (4) An appeal under section 19 (4) or section 20 (3) against a decision of an auditor shall be brought within 28 days of the receipt by the appellant of the auditor's statement of the reasons for his decision.

    (5) The notice of appeal to which paragraph (4) relates shall state—

    (a) the reasons stated by the auditor for his decision;


    (b) the date on which the appellant received the auditor's statement;


    (c) the facts on which the appellant intends to rely at the hearing of the appeal; and


    (d) in the case of a decision not to apply for a declaration, such facts within the appellant's knowledge as will enable the court to consider whether to exercise the powers conferred on it by section 19 (2).


    (6) The respondents to the appeal shall be:—

      (i) the auditor who for the time being has responsibility for the audit of the accounts of the body concerned;

      (ii) the body concerned; and

      (iii) in the case of an appeal against a decision not to certify under section 20 (1) that a sum or amount is due from any person, that person.


    (7) The court may at any stage of an application or appeal under section 19 or section 20 direct that any officer or member of the body concerned be added to the proceedings as a respondent.

Local Government (Miscellaneous Provisions) Act 1976[332]

    Rule 11
A person who appeals against a notice under section 21, 23 or 35 of the Local Government (Miscellaneous Provisions) Act 1976 shall state in his notice of appeal the grounds of the appeal and where one of those grounds is that it would have been fairer to serve the notice on another person or, as the case may be, that it would be reasonable for the whole or part of the expenses to which the notice relates to be paid by some other person, that person shall be made a respondent to the appeal, less the court on the application of the appellant made without notice, otherwise directs.

Mental Health Act 1983[333]

    Rule 12
 - (1) In this rule— a section referred to by number means the section so numbered in the Mental Health Act 1983 and "Part II" means Part II of that Act;

    "place of residence" means, in relation to a patient who is receiving treatment as an in-patient in a hospital or other institution, that hospital or institution;

    "hospital authority" means the managers of a hospital as defined in section 145 (1).


    (2) An application to a county court under Part II shall be made by a claim form filed in the court for the district in which the patients' place of residence is situated or, in the case of an application made under section 30 for the discharge or variation of an order made under section 29, in that court or in the court which made the order.

    (3) Where an application is made under section 29 for an order that the functions of the nearest relative of the patient shall be exercisable by some other person—

    (a) the nearest relative shall be made a respondent to the application unless the application is made on the grounds set out in subsection (3)(a) of the said section or the court otherwise orders, and


    (b) the court may order that any other person, not being the patient, shall be made a respondent.


    (4) On the hearing of the application the court may accept as evidence of the facts stated therein any report made by a medical practitioner and any report made in the course of his official duties by—

    (a) a probation officer, or


    (b) an officer of a local authority or of a voluntary organisation exercising statutory functions on behalf of a local authority, or


    (c) an officer of a hospital authority:


Provided that the respondent shall be told the substance of any part of the report bearing on his fitness or conduct which the judge considers to be material for the fair determination of the application.

    (5) Unless otherwise ordered, an application under Part II shall be heard and determined by the court sitting in private.

    (6) For the purpose of determining the application the judge may interview the patient either in the presence of or separately from the parties and either at the court or elsewhere, or may direct the district judge to interview the patient and report to the judge in writing.

Mobile Homes Act 1983[334]

    Rule 13
 - (1) An application—

    (a) under section 1 or 2 of the Mobile Homes Act 1983; or


    (b) pursuant to paragraph 4, 5 or 6 of Part I of Schedule 1 to that Act; or


    (c) with respect to any question arising under paragraph 8 (1) or 9 of the same Part of that Schedule,


shall be made by a claim form and the respondent shall file an answer.

    (2) Any application to which paragraph 1 (b) applies may include an application for an order enforcing the rights mentioned in section 3 (1)(b) of the Caravan Sites Act 1968[335].

    (3) Any application to which this rule applies may be heard and determined by the district judge and may, if the court thinks fit, be dealt with in private.

Post Office Act 1969[336]

    Rule 15
 - (1) An application under section 30 (5) of the Post Office Act 1969 for permission to bring proceedings in the name of the sender or addressee of a postal packet or his personal representatives shall be made by a claim form.

    (2) The respondents to the application shall be the Post Office and the person in whose name the applicant seeks to bring proceedings.

Rentcharges Act 1977[337]

    Rule 16
Where for the purposes of section 9 of the Rentcharges Act 1977 the sum required to redeem a rentcharge is to be paid into the county court, it shall be paid into the court for the district in which the land affected by the rentcharge or any part thereof is situated.

Sex Discrimination Act 1975 and Race Relations Act 1976

    Rule 17
 - (1) In this rule—

    (a) "the Act of 1975" and "the Act of 1976" mean respectively the Sex Discrimination Act 1975[338] and the Race Relations Act 1976[339];


    (b) in relation to proceedings under either of those Acts expressions which are used in the Act concerned have the same meanings in this rule as they have in that Act;


    (c) in relation to proceedings under the Act of 1976 "court" means a designated county court and "district" means the district assigned to such a court for the purposes of that Act.


    (2) A claimant who brings a claim under section 66 of the Act of 1975 or section 57 of the Act of 1976 shall forthwith give notice to the Commission of the commencement of the proceedings and file a copy of the notice.

    (3) CPR Rule 35.15 shall have effect in relation to an assessor who is to be appointed in proceedings under section 66 (1) of the Act of 1975.

    (4) Proceedings under section 66, 71 or 72 of the Act of 1975 or section 57, 62 or 63 of the Act of 1976 may be commenced—

    (a) in the court for the district in which the defendant resides or carries on business; or


    (b) in the court for the district in which the act or any of the acts in respect of which the proceedings are brought took place.


    (5) An appeal under section 68 of the Act of 1975 or section 59 of the Act of 1976 against a requirement of a non-discrimination notice shall be brought in the court for the district in which the acts to which the requirement relates were done.

    (6) Where the claimant in any claim alleging discrimination has questioned the defendant under section 74 of the Act of 1975 or section 66 of the Act of 1976—

    (a) either party may make an application to the court in accordance with CPR Part 23 to determine whether the question or any reply is admissible under that section; and


    (b) CPR Rule 3.4, shall apply to the question and any answer as it applies to any statement of case.


    (7) Where in any claim the Commission claim a charge for expenses incurred by them in providing the claimant with assistance under section 75 of the Act of 1975 or section 66 of the Act of 1976—

    (a) the Commission shall, within 14 days after the determination of the claim, give notice of the claim to the court and the claimant and thereafter no money paid into court for the benefit of the claimant, so far as it relates to any costs or expenses, shall be paid out except in pursuance of an order of the court, and


    (b) the court may order the expenses incurred by the Commission to be assessed whether by the summary or detailed procedure as if they were costs payable by the claimant to his own solicitor for work done in connection with the proceedings.


    (8) Where an application is made for the removal or modification of any term of a contract to which section 77 (2) of the Act of 1975 or section 72 (2) of the Act of 1976 applies, all persons affected shall be made respondents to the application, unless in any particular case the court otherwise directs, and the proceedings may be commenced—

    (a) in the court for the district in which the respondent or any of the respondents resides or carries on business; or


    (b) in the court for the district in which the contract was made.


Solicitors Act 1974[340]

    Rule 18
Any application under Part III of the Solicitors Act 1974 may be heard and determined by the district judge and may, if the court thinks fit, be dealt with in private.

Telecommunications Act 1984[341]

    Rule 18A
 - (1) CPR Rule 35.15 applies to proceedings under paragraph 5 of Schedule 2 to the Telecommunications Act 1984.

Applications under section 19 of the Trade Marks Act 1994[342]

    Rule 18B
The CPR Patents Court Practice direction shall apply with the necessary modifications to proceedings brought under section 19 of the Trade Marks Act 1994 in a county court.

Trade Union and Labour Relations Consolidation Act 1992[343]

    Rule 19
 - (1) Where a complainant desires to have an order of the Certification Officer under section 82 of the Trade Union and Labour Relations Consolidation Act 1992 recorded in the county court, he shall produce the order and a copy thereof to the court for the district in which he resides or the head or main office of the trade union is situate.

    (2) The order shall be recorded by filing it, and the copy shall be sealed and dated and returned to the complainant.

    (3) The sealed copy shall be treated as if it were the notice of issue in a claim begun by the complainant.

    (4) The costs, if any, allowed for recording the order shall be recoverable as if they were payable under the order.

    (5) The order shall not be enforced until proof is given to the satisfaction of the court that the order has not been obeyed and, if the order is for payment of money, of the amount remaining unpaid.

Trustee Act 1925, s.63[344]

    Rule 20
 - (1) Any person wishing to make a payment into court under section 63 of the Trustee Act 1925 shall make and file in the office of the appropriate court a witness statement or an affidavit setting out—

    (a) a brief description of the trust and of the instrument creating it or, as the case may be, of the circumstances in which the trust arose;


    (b) so far as known to him, the names and addresses of the persons interested in or entitled to the money or securities to be paid into court;


    (c) his submission to answer all such inquiries relating to the application of such money or securities as the court may make or direct;


    (d) his place of residence, and


    (e) an address where he may be served with any notice or application relating to such money or securities.


    (2) The appropriate court for the purposes of paragraph (1) shall be the court for the district in which the person or any of the persons making the payment into court resides.

    (3) The costs incurred in the payment into court shall be assessed by the detailed procedure and the amount of the assessed costs may be retained by the person making the payment into court.

    (4) The district judge may require, in addition to the witness statement or affidavit, such evidence as he thinks proper with regard to the matter in respect of which the payment into court is made.

    (5) On the making of the payment into court the court shall send notice thereof to each person mentioned in the witness statement or affidavit pursuant to paragraph (1)(b).

    (6) An application for the investment or payment out of court of any money or securities paid into court under paragraph (1) may be made without notice but on the hearing of the application the court may require notice to be served on such person as it thinks fit and fix a day for the further hearing.

    (7) No witness statement or affidavit in support of the application shall be necessary in the first instance but the court may direct evidence to be adduced in such manner as it thinks fit.

    (8) The application may be heard and determined by the district judge.

    (9) Paragraphs (6) to (8) are without prejudice to any provision of the County Court Funds Rules enabling or requiring the court to transfer money from a deposit to an investment account of its own motion.



EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules provide a new code of civil procedure for the civil courts. They replace the Rules of the Supreme Court 1965 and the County Court Rules 1981. As well as the main body of the new rules (Parts 1—48), they also provide for certain specialist proceedings (Part 49) and transitional provisions (Part 51); the details of these are contained in practice directions. Part 50 introduces schedules to the Rules containing those provisions of the former rules of court which for the time being are re-enacted as part of the Civil Procedure Rules but without substantial changes.




Notes



[325] 1996 c.52.back

[326] 1990 c.8; section 187B was amended by the Planning and Compensation Act 1991 (c.34), section 3; and section 214A was amended by the section 23(7) of that Act.back

[327] 1990 c.9; section 44A was amended by the Planning and Compensation Act 1991 (c.34), section 25, schedule 3, Part 1, paragraph 7.back

[328] 1990 c.10; section 26AA was inserted by the Planning and Compensation Act 1991 (c.34), section 25, schedule 3, Part I, paragraph 15.back

[329] 1967 c.88; section 11 was amended by the Rentcharges Act 1977 (c. ), section 17(2), schedule 2. Section 21 was amended by the Housing Act 1980 (c.51), sections 142, 152, schedule 22, Part II, paragarph 8, schedule 26; by the County Courts Act 1984 (c.28), section 148(1), schedule 2, Part V, paragraph 31; by the Leasehold Reform, Housing and Urban Development Act 1993 (c.28), section 187(1), schedule 21, paragraph 4; and by the Housing Act 1996 (c.52), sections 115. 116, schedule 11, paragraph 1(2).back

[330] 1993 c.28; section 26 was amended by the Housing Act 1996 (c.52).back

[331] 1982 c.32; sections 19 and 20 were amended by the National Health Service and Community Care Act 1990 (c.19), section 20, schedule 4, paragraphs 9 and 10; by the Education Reform Act 1988 (c.40), section 237(2), schedule 13, Part I; by the Police and Magistrates' Courts Act 1994 (c.29), section 43, schedule 4, Part I, paragraphs 26 and 27; by the Police Act 1996 (c.16), section 103(1), schedule 7, Part 1, paragraph 1, and by the Police Act 1997 (c.50), section 88, schedule 6, paragraphs 19 and 21; and by S.I. 1991/724 and 1996/3141.back

[332] 1976 c.57; section 23 was amended by S.I. 1996/3071. Section 35 was amended by the Local Government Act 1985 (c.51), section 102(2), schedule 17 and by S.I. 1996/3071.back

[333] 1983 c.20; section 145(1) was amended by the Health Authorities Act 1995 (c.17), section 2(1), schedule 1, Part III, paragraph 107; by the National Health Service and Community Care Act 1990 (c.19), section 66(1), schedule 9, paragraph 24(9); and by the Mental Health (Amendment) Act 1994 (c.6), section 1.back

[334] 1983 c.34.back

[335] 1968 c.52; section was amended by the Criminal Justice Act 1982 (c.48), sections 38, 46.back

[336] 1969 c.48.back

[337] 1977 c.30.back

[338] 1975 c.65; section 66 was amended by the Race Relations Act 1976 (c.74), section 79(4), schedule 4, paragraph 5; by the County Courts Act 1984 (c.28), section 148(1), schedule 2, Part V, paragraph 55; and by S.I. 1996/438.back

[339] 1976 c.74.back

[340] 1974 c.47.back

[341] 1984 c.12.back

[342] 1994 c.26.back

[343] 1992 c.52.back

[344] 1925 c.19; section 63 was amended by the Administration of Justice Act 1965 (c.2), section 36(4), schedule 3.back



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