The Civil Procedure (Amendment No. 2) Rules 2001

Explanatory Note

(This note is not part of the Rules)

These Rules make the following amendments to the Civil Procedure Rules 1998:

• New rules are added to give effect to Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters.

• The rules relating to statements of truth are amended to require such a statement in an acknowledgment of service in a claim begun by way of the Part 8 procedure.

• A new rule is added giving effect to 67A of the Race Relations Act 1976 and enabling a county court hearing a claim under section 57(1) of that Act to exclude a claimant or his representative from the hearing in the interests of national security.

• A new Part 57 is added dealing with contentious probate, rectification of wills and substitution and removal of personal representatives, and the previous rules are revoked.

• Amendments are made to the rules about applications for restraint orders and for the discharge and variation of such orders, and about applications for the registration and enforcement of restraint and forfeiture orders made in other parts of the United Kingdom against terrorists and persons who assist them. These amendments are consequential on the implementation of the Terrorism Act 2000 which replaces the Prevention of Terrorism (Temporary Provisions) Act 1989.

• Amendments are made to the rules about enforcement of road traffic penalties to provide for the enforcement in the county courts of increased penalty charges provided for in charge certificates issued under paragraph 8 of Schedule 1 to the London Local Authorities Act 1996 (which deals with increased penalty charges for breach of provisions about bus lanes).