The Civil Procedure (Amendment No.3) Rules 2010

Statutory Instruments

2010 No. 2577 (L. 14)

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

The Civil Procedure (Amendment No.3) Rules 2010

Made

19th October 2010

Laid before Parliament

25th October 2010

Coming into force in accordance with rule 1

The Civil Procedure Rule Committee, 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, makes the following Rules—

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Civil Procedure (Amendment No.3) Rules 2010.

(2) These Rules come into force on the day after they are made.

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.  For rule 54.10(2) substitute—

“(2) Directions under paragraph (1) may include—

(a) a stay^(GL) of proceedings to which the claim relates;

(b) directions requiring the proceedings to be heard by a Divisional Court.”.

4.  After rule 54.12(5) insert—

“(6) The court may give directions requiring the proceedings to be heard by a Divisional Court.”.

Neuberger of Abbotsbury, M.R.

Martin Moore-Bick, L.J.

Launcelot Henderson, J.

Peter Coulson, J.

Master Barbara Fontaine

HHJ Stephen Stewart Q.C.

District Judge Robert Hill

William Featherby Q.C.

David di Mambro

David Grant

Tim Lett

I allow these Rules

Signed by authority of the Lord Chancellor

J Djanogly

Parliamentary Under Secretary of State

Ministry of Justice

19th October 2010

EXPLANATORY NOTE

(This note is not part of these Rules)

These Rules amend rules 54.10 and 54.12 of the Civil Procedure Rules 1998. The amendments make clear that, in accordance with section 19(3) of the Senior Courts Act 1981, the jurisdiction of the High Court in relation to judicial review proceedings may be exercised by a Divisional Court where the court so directs.

(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. There are relevant amendments in S.I. 2000/2092.