- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
9.—(1) In the table of contents for Part 34, after the entry for rule 34.7 insert—
“Fines imposed under section 55 of the County Courts Act 1984(1) | Rule 34.7A” |
(2) After rule 34.7 insert—
34.7A. If a person has failed to comply with an order under section 55 of the County Courts Act 1984 but can demonstrate any reason why they should not be (or should not have been) fined for failure to comply with the order, the court may direct that that person give evidence by witness statement, affidavit or otherwise.
(Part 70 contains general rules about fines imposed under the County Courts Act 1984.)”.
(3) In rule 34.16(2)(2)—
(a)at the end of sub-paragraph (a), insert “; and”; and
(b)after sub-paragraph (a) insert—
““the Hague Evidence Convention” means the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters”.
(4) For rule 34.17 substitute—
34.17.—(1) An application for an order under the 1975 Act for evidence to be obtained must be made to the High Court and may be made without notice.
(2) The application may be made either—
(a)by an application notice under Part 23, which must be—
(i)supported by written evidence; and
(ii)accompanied by the request as a result of which the application is made, and where appropriate, a translation of the request into English; or
(b)where—
(i)the requesting state is a party to the Hague Evidence Convention, by a Letter of Request using the Model Form published by the Permanent Bureau of the Hague Conference on Private International Law (which is annexed to Practice Direction 34A); or
(ii)the requesting state is not a party to the Hague Evidence Convention, by a Letter of Request submitted via the Foreign and Commonwealth Office.”.
1984 c.28. Section 55 was amended by the Courts and Legal Services Act 1990 (c.41) section 74; the Criminal Justice Act 1991 (c.53) section 17, 101, Schedule 4 Part I and Schedule 12; the Civil Procedure Act 1997 (c.12) section 10, Schedule 2; and the Crime and Courts Act 2013 (c.22) section 17(5), Schedule 9 Part 1.
Rule 34.16(2) was amended by S.I. 2019/521, regulation 12(5)(b), which omitted sub-paragraph (b) and “and” at the end of sub-paragraph (a).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: