The Civil Procedure (Amendment) Rules 2014

Amendments to the Civil Procedure Rules 1998

39.  In CCR Order 27—

(a) in the table of contents to the Order, in the entries for —

(i) rule 13; and

(ii) rule 20,

for “motion” substitute “initiative”;

(b) in rule 1, in paragraph (1), after the definition of “the Act of 1971” insert—

““judgment creditor” means the person who has obtained or is entitled to enforce a judgment or order;

“debtor” means the person against whom a judgment or order was given or made.”;

(c) in rule 2—

(i) in paragraph (1)—

(aa) delete “officer of every court”;

(bb) delete “residing”; and

(cc) for the words from “that court” to the end, substitute “the court.”;

(ii) omit paragraph (2);

(iii) in paragraph (3)—

(aa) for “The” substitute “A”; and

(bb) omit “believed to be residing within the district of the court”;

(d) in rule 3—

(i) in paragraph (1), for the words from “may be made” to “for the district in which”, substitute “must be made at the County Court hearing centre which serves the address where”;

(ii) in paragraph (2)—

(aa) for “court” substitute “County Court hearing centre”; and

(bb) omit “, or for the district in which,”;

(iii) in paragraph (3)—

(aa) for the words “court for the district in” substitute “County Court hearing centre which serves the address at”;

(bb) for “, so however that” substitute “. However,”;

(cc) for “by any such court” substitute “at any other hearing centre”; and

(dd) for “to that court” substitute “there”; and

(iv) in paragraph (4)—

(aa) for “Northampton County Court in respect of a designated money claim” substitute “the County Court Money Claims Centre”; and

(bb) for “since been transferred” insert “or sent”; and

(cc) omit “different”;

(e) in rule 4—

(i) in paragraph (1), for “his” substitute “the”; and

(ii) in subparagraph (b)—

(aa) omit “the justices’ chief executive for”; and

(bb) for “by that chief executive” substitute “from the magistrates’ court”;

(f) in rule 5—

(i) in paragraph (2)—

(aa) omit “on him”

(bb) omit “for him”; and

(cc) for “his knowledge” substitute “the debtor’s knowledge”; and

(ii) in paragraph (2A)—

(aa) for “defendant” substitute “debtor”; and

(bb) for “he pays” substitute “the debtor pays”;

(g) in rule 6—

(i) for “his” substitute “their”; and

(ii) for “him” substitute “them”;

(h) in rule 7—

(i) in paragraph (1), for “he has” substitute “there is”;

(ii) in paragraph (2), for “him and giving his” substitute “them and giving their”;

(iii) in paragraph (3), for “he” substitute “the District Judge”;

(iv) in paragraph (4)—

(aa) for “he”, in the first place occurs, substitute “the District Judge”; and

(bb) for “he has” substitute “there is”;

(v) in paragraph (5), for “he” substitute “they”;

(vi) in paragraph (6)—

(aa) for “him” substitute “them”; and

(bb) omit “his”;

(vii) in paragraph (7), for “he” substitute “the District Judge”; and

(viii) in paragraph (8)—

(aa) in subparagraph (a), for “him” substitute “the creditor”; and

(bb) in subparagraph (b), for “his” substitute “the creditor’s”;

(i) in rule 7A, in paragraph (2)—

(i) omit “his”; and

(ii) for “he” substitute “they”;

(j) omit rule 8;

(k) in rule 10—

(i) in paragraph (1)

(aa) for “his”, in each of the first three places it occurs, substitute “the debtor’s”;

(bb) omit “his” in the fourth place it occurs; and

(cc) in the words which follow immediately below subparagraph (c), for “and those particulars” substitute “which”;

(ii) in paragraph (2), for “he” substitute “the debtor”; and

(iii) in paragraph (3) omit “the justices’ chief executive for”;

(l) in rule 13—

(i) in the heading to the rule, for “motion” substitute “initiative”;

(ii) in paragraph (1), for “motion” substitute “initiative”;

(iii) in paragraph (2), for the words from “directed to him” to “in his employment”, substitute “does not employ the debtor”;

(iv) in paragraph (3), for the words “have the debtor in his employment” substitute “employ the debtor”; and

(v) in paragraph (9) for “motion” substitute “initiative”;

(m) in rule 14, in paragraph (2), for “he” substitute “the District Judge”;

(n) in rule 15, in paragraph (1), for “him” substitute “them”;

(o) in rule 16, in paragraph (1)—

(i) for “him”; and

(ii) for “he”,

in both places, substitute “the alleged offender”;

(p) omit rule 17;

(q) in rule 19, in paragraph (3B), in subparagraph (b)—

(i) for “him”, in the first place it occurs, substitute “that party”; and

(ii) for “upon him, giving his reasons for any objection he may have” substitute “, giving reasons for any objection”;

(r) in rule 20—

(i) in the heading to the rule, for “motion” substitute “initiative”; and

(ii) for “his own motion” substitute “their own initiative”; and

(s) in rule 22, omit—

(i) “to him”; and

(ii) “he would”.