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Civil Procedure Act 1997

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This is the original version (as it was originally enacted).

Section 10.

SCHEDULE 2Minor and consequential amendments

Supreme Court Act 1981 (c. 54)

1(1)The Supreme Court Act 1981 is amended as follows.

(2)In section 18 (restrictions on appeals), in subsections (1A) and (1B)(a), for “Rules of the Supreme Court” there is substituted “rules of court”.

(3)In section 68 (exercise of High Court jurisdiction otherwise than by judges)—

(a)in subsection (1), paragraph (c) and the word “or” immediately preceding it are omitted,

(b)in subsection (2)—

(i)paragraph (a) is omitted, and

(ii)in paragraph (b), for “any such person” there is substituted “a special referee”,

(c)in subsection (3), for the words from “any” onwards there is substituted “a special referee or any officer or other staff of the court”, and

(d)in subsection (4)—

(i)after “decision of” there is inserted “(a)”, and

(ii)after “subsection (1)” there is inserted— or

(b)any officer or other staff of the court.

(4)In section 84 (power to make rules of court)—

(a)in subsection (1), for “Supreme Court” there is substituted “Crown Court and the criminal division of the Court of Appeal”,

(b)subsection (4) is omitted,

(c)for subsections (5) and (6) there is substituted—

(5)Special rules may apply—

(a)any rules made under this section, or

(b)Civil Procedure Rules,

to proceedings to which the special rules apply.

(5A)Rules made under this section may apply—

(a)any special rules, or

(b)Civil Procedure Rules,

to proceedings to which rules made under this section apply.

(6)Where rules may be applied under subsection (5) or (5A), they may be applied—

(a)to any extent,

(b)with or without modification, and

(c)as amended from time to time., and

(d)in subsection (9), for “Supreme Court Rule Committee” there is substituted “Civil Procedure Rule Committee”.

(5)Section 85 (Supreme Court Rule Committee) is omitted.

(6)In section 87 (particular matters for which rules of court may provide)—

(a)subsections (1) and (2) are omitted, and

(b)in subsection (3), for “Supreme Court” there is substituted “Crown Court or the criminal division of the Court of Appeal”.

(7)In section 151 (interpretation)—

(a)in subsection (3), after the second “rules of court” there is inserted “in relation to the Supreme Court” and for “Supreme Court Rule Committee” there is substituted “Civil Procedure Rule Committee”, and

(b)in subsection (4), the definition of “Rules of the Supreme Court” is omitted.

County Courts Act 1984 (c. 28)

2(1)The County Courts Act 1984 is amended as follows.

(2)For “county court rules”, wherever occurring, there is substituted “rules of court”.

(3)For “rule committee”, wherever occurring, there is substituted “Civil Procedure Rule Committee”.

(4)In section 1 (county courts to be held for districts), in subsection (1), for the words from “throughout” to “the district” there is substituted “each court”.

(5)In section 3 (places and times of sittings of courts), subsection (3) is omitted.

(6)Section 75 (county court rules) is omitted.

(7)In section 77(1), for “the rules of the Supreme Court” there is substituted “Civil Procedure Rules”.

(8)In section 81(2), for “any rules of the Supreme Court” there is substituted “Civil Procedure Rules”.

(9)In section 147(1), the definitions of “county court rules” and “the rule committee” are omitted.

Matrimonial and Family Proceedings Act 1984 (c. 42)

3In section 40 of the Matrimonial and Family Proceedings Act 1984 (family proceedings rules)—

(a)after subsection (3) there is inserted—

(3A)Rules made under this section may make different provision for different cases or different areas, including different provision—

(a)for a specific court, or

(b)for specific proceedings, or a specific jurisdiction,

specified in the rules.,

and

(b)in subsection (4), the words from the first “in” to “and may” are omitted.

Courts and Legal Services Act 1990 (c. 41)

4In section 120 of the Courts and Legal Services Act 1990 (regulations and orders), in subsection (4), “1(1)” is omitted.

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