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Statutory Instruments

2012 No. 505 (L. 2)

Senior Courts Of England And Wales County Courts, England And Wales

The Civil Procedure (Amendment) Rules 2012

Made

23rd February 2012

Laid before Parliament

27th February 2012

Coming into force

19th March 2012

The Civil Procedure Rule Committee makes the following Rules in exercise of the power conferred by section 2 of the Civil Procedure Act 1997( 1 ) to make rules of court under section 1 of that Act, after consulting in accordance with section 2(6)(a) of that Act

Citation, commencement and interpretation

1. These Rules may be cited as the Civil Procedure (Amendment) Rules 2012 and come into force on 19th March 2012.

2. In these Rules, a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998( 2 ).

Amendments to the Civil Procedure Rules 1998

3. In Part 71, in rule 71.2(2), for subparagraph (b) substitute—

(b) must be issued in the court which made the judgment or order which it is sought to enforce, except that—

(i) if the proceedings have since been transferred to a different court, it must be issued in that court; or

(ii) subject to subparagraph (b)(i), if it is to enforce a judgment made in Northampton County Court in respect of a designated money claim, it must be issued in accordance with section 2 of Practice Direction 70. .

4. In Part 72, in rule 72.3(1), for subparagraph (b) substitute—

(b) must be issued in the court which made the judgment or order which it is sought to enforce, except that—

(i) if the proceedings have since been transferred to a different court, it must be issued in that court; or

(ii) subject to subparagraph (b)(i), if it is to enforce a judgment made in Northampton County Court in respect of a designated money claim, it must be issued in accordance with section 2 of Practice Direction 70. .

5. In Part 73, in rule 73.3(2)—

(a) in subparagraph (b), for “case” substitute “event”;

(b) in subparagraph (c)—

(i) for “case” substitute “event”; and

(ii) at the end, omit “or”;

(c) in subparagraph (d), at the end, for “.” substitute “; or”; and

(d) after subparagraph (d), insert—

(e) the application is to enforce a judgment made in Northampton County Court in respect of a designated money claim, in which event the application must be issued in accordance with section 2 of Practice Direction 70. .

6. In Schedule 2, in Order 27, in Rule 3—

(a) in paragraph (1), for “(2) and (3)” substitute “(2), (3) and (4)”;

(b) in paragraph (2)—

(i) for “If” substitute “Subject to paragraph (4), if”; and

(ii) for “he” substitute “the debtor”;

(c) in paragraph (3), for “Where” substitute “Subject to paragraph (4), where”; and

(d) after paragraph (3), insert—

(4) Where the judgment was made in Northampton County Court in respect of a designated money claim and the proceedings have not since been transferred to a different court, the application must be made in accordance with section 2 of Practice Direction 70. .

Neuberger of Abbotsbury, M.R.

Martin Moore-Bick, L.J.

Peter Coulson, J.

Launcelot Henderson, J.

HHJ Stephen Stewart Q.C.

William Featherby Q.C.

Professor David Grant

Edward Pepperall

Katy Peters

I allow these rules

Signed by authority of the Lord Chancellor

J Djanogly

Parliamentary Under Secretary of State

Ministry of Justice

23rd February 2012

( 1 )

1997 c.12 . Section 2 was amended by the Constitutional Reform Act 2005 (c.4) , section 15(1) and Schedule 4, Part 1, paragraphs 261, 263(1) and (2).

( 2 )

S.I. 1998/3132 , to which there have been amendments not relevant to this instrument.

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Civil Procedure (Amendment) Rules 2012 (2012/505)

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