- Latest available (Revised)
- Original (As enacted)
Civil Procedure Act 1997, Section 2 is up to date with all changes known to be in force on or before 24 October 2016. 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.
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.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
[F1(1)Civil Procedure Rules are to be made by a committee known as the Civil Procedure Rule Committee, which is to consist of the following persons—
(a)the Head of Civil Justice;
(b)the Deputy Head of Civil Justice (if there is one);
(c)the persons currently appointed in accordance with subsections (1A) and (1B).
(1A)The Lord Chief Justice must appoint the persons falling within paragraphs (a) to (d) of subsection (2).
(1B)The Lord Chancellor must appoint the persons falling within paragraphs (e) to (g) of subsection (2).]
(2)[F2The persons to be appointed in accordance with subsections (1A) and (1B) are]
(b)one Circuit judge,
[F5(c)either one or two district judges]
(e)three persons who have a [F4Senior Courts] qualification (within the meaning of section 71 of the M2Courts and Legal Services Act 1990), including at least one with particular experience of practice in [F7 the county court ],
(f)three persons who have been [F8authorised by a relevant approved regulator] to conduct litigation in relation to all proceedings in the [F4Senior Courts], including at least one with particular experience of practice in [F7 the county court ], [F9and
(g)two persons with experience in and knowledge of the lay advice sector or consumer affairs.]
[F10(2A) In subsection (2)(f) “ relevant approved regulator ” is to be construed in accordance with section 20(3) of the Legal Services Act 2007. ]
[F11(3)Before appointing a person in accordance with subsection (1A), the Lord Chief Justice must consult the Lord Chancellor.]
(4)Before appointing a person [F12in accordance with subsection (1B), the Lord Chancellor must consult the Lord Chief Justice and, if the person falls within paragraph (e) or (f) of subsection (2), must also consult] any body which—
(a)has members who are eligible for appointment under that paragraph, and
(b)is an authorised body for the purposes of section 27 or 28 of the Courts and Legal Services Act 1990.
(5)The Lord Chancellor may reimburse the members of the Civil Procedure Rule Committee their travelling and out-of-pocket expenses.
(6)The Civil Procedure Rule Committee must, before making or amending Civil Procedure Rules—
(a)consult such persons as they consider appropriate, and
(b)meet (unless it is inexpedient to do so).
(7)The Civil Procedure Rule Committee must, when making Civil Procedure Rules, try to make rules which are both simple and simply expressed.
(8)Rules made by the Civil Procedure Rule Committee must be signed by at least eight members of the Committee and be submitted to the Lord Chancellor, who may allow or disallow them.
[F13(9)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]
[F14(9)If the Lord Chancellor disallows rules under subsection (8), he must give the Civil Procedure Rule Committee written reasons for doing so.]
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: