The Civil Procedure Act 1997 (Amendment) Order 2017

Statutory Instruments

2017 No. 1148 (L. 18)

Senior Courts Of England And Wales

County Court, England And Wales

The Civil Procedure Act 1997 (Amendment) Order 2017

Made

22nd November 2017

Laid before Parliament

27th November 2017

Coming into force

19th December 2017

The Lord Chancellor, in exercise of the powers conferred by section 2A(1) of the Civil Procedure Act 1997(1), with the concurrence of the Lord Chief Justice in accordance with section 2A(2), and having consulted in accordance with section 2A(2A), of that Act, makes the following Order.

Citation and Commencement

1.  This Order may be cited as the Civil Procedure Act 1997 (Amendment) Order 2017 and comes in to force on 19th December 2017.

Amendment of the 1997 Act

2.  In section 2(2) of the Civil Procedure Act 1997(2), after sub-paragraph (c) insert—

“(ca) one person who is a judge of the Senior Courts, a Circuit judge or a district judge and who has particular experience of the law applicable in Wales,”.

Dominic Raab

Minister of State for Justice

Ministry of Justice

22nd November 2017

I concur

Sir Ian Burnett

Lord Chief Justice

26th October 2017

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends section 2(2) of the Civil Procedure Act 1997 (c.12) to permit the Lord Chief Justice to appoint to the Civil Procedure Rule Committee a person who is a judge of the Senior Courts, a Circuit judge or a district judge and who has particular experience of the law applicable in Wales.

(1)

1997 c. 12. Section 2A was inserted by section 84 of the Courts Act 2003 (c. 39), which was amended by section 15 of, and Schedule 4, paragraph 264 to, the Constitutional Reform Act 2005 (c. 4).

(2)

Section 2(2) was amended by article 2 of the Civil Procedure Act 1997 (Amendment) Order 2006 (S.I. 2006/1847), section 83(2) and (3) of the Courts Act 2003 (c. 39), Section 15 of, and Schedule 4, paragraph 262(3) and Schedule 11, paragraphs 1(2) and 4(1) to, the Constitutional Reform Act 2005 (c. 4), section 208 of, and Schedule 21, paragraph 122(a) to, the Legal Services Act 2007 (c. 29) and section 17 of, and Schedule 9, paragraph 67(a) to, the Crime and Courts Act 2013 (c. 22).