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Civil Procedure Act 1997
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Civil Procedure Act 1997, Section 5 is up to date with all changes known to be in force on or before 24 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 1(4) inserted by 2022 c. 35 Sch. 4 para. 2(2)
- s. 3(3) (4) substituted by 2005 c. 4 Sch. 4 para. 265(2) (This amendment is made to s. 3 as prospectively amended by 2003 c. 39, s. 85(2). Although it is in force at 3.4.2006 by S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(v), it cannot be applied until the substitution of s. 3 has been brought into force)
- s. 3(5) words substituted by 2005 c. 4 Sch. 4 para. 265(3) (This amendment is made to s. 3 as prospectively amended by 2003 c. 39, s. 85(2). Although it is in force at 3.4.2006 by S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(v), it cannot be applied until the substitution of s. 3 has been brought into force)
- s. 3(6) words repealed by 2005 c. 4 Sch. 4 para. 265(4) Sch. 18 Pt. 2 (This amendment is made to s. 3 as prospectively amended by 2003 c. 39, s. 85(2). Although it is in force at 3.4.2006 by S.I. 2006/1014, art. 2(a), Sch. 1 paras. 11(v), 30(b), it cannot be applied until the substitution of s. 3 has been brought into force)
- s. 3(7) repealed by 2005 c. 4 Sch. 4 para. 265(5) Sch. 18 Pt. 2 (This amendment is made to s. 3 as prospectively amended by 2003 c. 39, s. 85(2). Although it is in force at 3.4.2006 by S.I. 2006/1014, art. 2(a), Sch. 1 paras. 11(v), 30(b), it cannot be applied until the substitution of s. 3 has been brought into force)
- s. 5(7) inserted by 2022 c. 35 Sch. 4 para. 2(3)
[F15 Practice directions.E+W
(1)Practice directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005.
(2)Practice directions given otherwise than under subsection (1) may not be given without the approval of—
(a)the Lord Chancellor, and
(b)the Lord Chief Justice.
(3)Practice directions (whether given under subsection (1) or otherwise) may provide for any matter which, by virtue of paragraph 3 of Schedule 1, may be provided for by Civil Procedure Rules.
(4)The power to give practice directions under subsection (1) includes power—
(a)to vary or revoke directions given by any person;
(b)to give directions containing different provision for different cases (including different areas);
(c)to give directions containing provision for a specific court, for specific proceedings or for a specific jurisdiction.
(5)Subsection (2)(a) does not apply to directions to the extent that they consist of guidance about any of the following—
(a)the application or interpretation of the law;
(b)the making of judicial decisions.
(6)Subsection (2)(a) does not apply to directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be given only—
(a)after consulting the Lord Chancellor, and
(b)with the approval of the Lord Chief Justice.]
Textual Amendments
F1S. 5 substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 13, 148(1), Sch. 2 para. 6; S.I. 2006/1014, art. 2(a), Sch. 1 para. 7
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