The Civil Procedure (Amendment No. 3) Rules 2014

Statutory Instruments

2014 No. 610 (L. 10)

Senior Courts Of England And Wales

County Courts, England And Wales

The Civil Procedure (Amendment No. 3) Rules 2014

Made

12th March 2014

Laid before Parliament

14th March 2014

Coming into force

6th April 2014

The Civil Procedure Rule Committee, having the power under 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 and commencement

1.  These Rules may be cited as the Civil Procedure (Amendment No. 3) Rules 2014.

2.  These Rules come into force on 6^th April 2014.

Amendments to the Civil Procedure Rules

3.  In Part 54 of the Civil Procedure Rules 1998(2), after rule 54.20 insert the following new Section—

“II PLANNING COURT

General

54.21.— (1) This Section applies to Planning Court claims.

(2) In this Section, “Planning Court claim” means a judicial review or statutory challenge which —

(a) involves any of the following matters —

(i) planning permission, other development consents, the enforcement of planning control and the enforcement of other statutory schemes;

(ii) applications under the Transport and Works Act 1992;

(iii) wayleaves;

(iv) highways and other rights of way;

(v) compulsory purchase orders;

(vi) village greens;

(vii) European Union environmental legislation and domestic transpositions, including assessments for development consents, habitats, waste and pollution control;

(viii) national, regional or other planning policy documents, statutory or otherwise; or

(ix) any other matter the judge appointed under rule 54.22(2) considers appropriate; and

(b) has been issued or transferred to the Planning Court.

(Part 30 (Transfer) applies to transfers to and from the Planning Court.)

Specialist list

54.22.— (1) The Planning Court claims form a specialist list.

(2) A judge nominated by the President of the Queen’s Bench Division will be in charge of the Planning Court specialist list and will be known as the Planning Liaison Judge.

Application of the Civil Procedure Rules

54.23.   These Rules and their practice directions will apply to Planning Court claims unless this section or a practice direction provides otherwise.

Further provision about Planning Court claims

54.24.   Practice Direction 54E makes further provision about Planning Court claims, in particular about the timescales for determining such claims.”

Transitional provision

4.—(1) These Rules apply to all claims issued on or after 6th April 2014.

(2) Where a claim issued before 6th April 2014 is transferred to the Planning Court after that date, these Rules apply to the claim from the date of transfer.

Stephen Richards, LJ

Peter Coulson, J

Philip Sales, J

Master Barbara Fontaine

His Honour Judge Martin McKenna

District Judge Michael Hovington

District Judge Christopher Lethem

Nicholas Bacon, QC

Edward Pepperall, QC

Qasim Nawaz

Amanda Stevens

Andrew Underwood

Tim Lett

Kate Wellington

I allow these Rules

Signed by the authority of the Lord Chancellor

Edward Faulks

Minister of State

Ministry of Justice

12th March 2014

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Civil Procedure Rules to establish a new Planning Court within the High Court. A new Section II is inserted into Part 54 of the Civil Procedure Rules to provide for planning-related judicial reviews and statutory challenges to be dealt with in a specialist list forming the Planning Court. Provision is also made for the rules to be supplemented by provision made in a new Practice Direction 54E.

An Impact Assessment has not been prepared for this instrument; but the Impact Assessment for the consultation proposals of which this instrument forms a part can be found at https://consult.justice.gov.uk/digital-communications/judicial-review.

(1)

1997 c.12. Section 2(1) was substituted by the Constitutional Reform Act 2005 (c.4), section 15 and Schedule 4 Part 1. Section 1(3) was substituted by section 82(1) of the Courts Act 2003 (c.39) and further amended by the Constitutional Reform Act 2005 sections 15, 146, Schedule 4 Part 1 and Schedule 18 Part 2.

(2)

SI 1998/3132.