The Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020

Statutory Instruments

2020 No. 751 (L. 17)

Senior Courts Of England And Wales

County Court, England And Wales

The Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020

Made

at 9.15 a.m. on 17th July 2020

Laid before Parliament

at 2.45 p.m. on 17th July 2020

Coming into force

23rd August 2020

The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997(1) to make rules of court under section 1 of and Schedule 1 to that Act, and having fulfilled the requirements of section 2(6) of that Act, makes the following Rules:

Citation and commencement

1.  These Rules may be cited as the Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 and come into force on 23rd August 2020.

Amendment of the Procedure Rules 1998

2.  In Part 55 of the Civil Procedure Rules 1998(2)—

(a) at the beginning of the list of contents insert—

“Coronavirus – temporary provision

Rule 34.7A”; and

(b) before rule 55.1 insert—

“Coronavirus – temporary provision

55.A1— (1) Practice Direction 55C makes provision for how claims under this Part (including appeals) are to proceed following the expiry of the stay provided for by rule 55.29.

(2) This Part has effect subject to Practice Direction 55C for the period specified, and in the manner specified, in Practice Direction 55C.”.

The Right Honourable Sir Terence Etherton, MR

Lord Justice Coulson

Mr Justice Birss

Mr Justice Kerr

His Honour Judge Jarman QC

Master Cook

District Judge Parker

Brett Dixon

David Marshall

Lizzie Iron

John McQuater

I allow these Rules

Robert Buckland

Lord Chancellor

Ministry of Justice

At 9.15 a.m. on 17th July 2020

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Civil Procedure Rules 1998 (S.I. 1998/3132) to insert a new, temporary, rule which provides for how possession proceedings and enforcement proceedings by way of writ and warrant for possession, which were stayed until 23rd August 2020 by S.I. 2020/582, are to proceed after that stay expires.

The new rule provides (in exercise of the power given in paragraph 6 of the Schedule 1 to the Civil Procedure Act 1997 (c. 12)) that proceedings are to proceed as provided for by a new, temporary practice direction, Practice Direction 55C, which is added to the practice directions supporting the Civil Procedure Rules. That practice direction is published on the Ministry of Justice website at http://www.justice.gov.uk/courts/procedure-rules/civil.

As this is temporary, emergency legislation, no formal impact assessment is required for Better Regulation purposes.

(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)

S.I. 1998/3132. Part 55 was inserted by S.I. 2001/256. There are other amending instruments but none is relevant.