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The Civil Procedure Rules 1998

Type Statutory-Instrument

Publication 1998-12-10

Last updated 2026-10-02

State In force

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These Rules provide a new code of civil procedure for the civil courts. They replace the Rules of the Supreme Court 1965 and the County Court Rules 1981. As well as the main body of the new rules (Parts 1—48), they also provide for certain specialist proceedings (Part 49) and transitional provisions (Part 51); the details of these are contained in practice directions. Part 50 introduces schedules to the Rules containing those provisions of the former rules of court which for the time being are re-enacted as part of the Civil Procedure Rules but without substantial changes.

Reform history JSON API

(6B) Where under section 3 (5) or (6) of the Bail Act 1976³³²⁸ the court imposes a requirement to be complied with before a person’s release on bail, it may give directions as to the manner in which and the person or persons before whom the requirement may be complied with.

(7) A person who in pursuance of an order for the grant of bail made by the court under this rule proposes to enter into a recognizance or give security must, unless the court otherwise directs, give notice (in Form No. 100 ...) to the prosecutor at least 24 hours before he enters into the recognizance or complies with the requirements as aforesaid.

(8) Where in pursuance of such an order as aforesaid a recognizance is entered into or requirement complied with before any person, it shall be the duty of that person to cause the recognizance or, as the case may be, a statement of the requirement complied with to be transmitted forthwith—

(a) where the proceedings in respect of the defendant have been transferred to the Crown Court for trial or where the defendant has been committed to the Crown Court to be sentenced or otherwise dealt with, to the appropriate officer of the Crown Court;

(b) in any other case, to the designated officer for the court which committed the defendant

and a copy of such recognizance or statement shall at the same time be sent to the governor or keeper of the prison or other place of detention in which the defendant is detained, unless the recognizance was entered into or the requirement complied with before such governor or keeper.

(10) An order ... varying the arrangements under which the defendant has been granted bail shall be in Form 98A ... and a copy of the order shall be transmitted forthwith—

(a) where the proceedings in respect of the defendant have been transferred to the Crown Court for trial or where the defendant has been committed to the Crown Court to be sentenced or otherwise dealt with, to the appropriate officer of the Crown Court;

(b) in any other case, to the designated officer for the court which committed the defendant.

(11) Where in pursuance of an order of the High Court or the Crown Court a person is released on bail in any criminal proceeding pending the determination of an appeal to the High Court or the Supreme Court or an application for a quashing order, then, upon the abandonment of the appeal or application, or upon the decision of the High Court or the Supreme Court being given, any justice (being a justice acting for the same petty sessions area as the magistrates' court by which that person was convicted or sentenced) may issue process for enforcing the decision in respect of which such appeal or application was brought or, as the case may be, the decision of the High Court or the Supreme Court.

(12) If an applicant to the High Court in any criminal proceedings is refused bail ..., the applicant shall not be entitled to make a fresh application for bail to any other judge or to a Divisional Court.

(13) The record required by section 5 of the Bail Act 1976³³²⁹ to be made by the High Court shall be made by including in the file relating to the case in question a copy of the relevant order of the Court and shall contain the particulars set out in Form No. 98 or 98A ..., whichever is appropriate, except that in the case of a decision to withhold bail the record shall be made by inserting a statement of the decision on the Court’s copy of the relevant claim form and including it in the file relating to the case in question.

(14) In the case of a person whose return or surrender is sought under the Extradition Act 1989³³³⁰, this rule shall apply as if references to the defendant were references to that person and references to the prosecutor were references to the State seeking the return or surrender of that person.

Issue of witness summonses, etc.

Rule 10

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Application for warrant to arrest witness

Rule 11

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RSC ORDER 81 — PARTNERS

Claims by and against firms within jurisdiction

Rule 1

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Disclosure of partners' names

Rule 2

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Acknowledgment of service in a claim against firm

Rule 4

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Enforcing judgment or order against firm

Rule 5

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Enforcing judgment or order in actions between partners, etc.

Rule 6

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Attachment of debts owed by firm

Rule 7

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Application to person carrying on business in another name

Rule 9

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Applications for orders charging partner’s interest in partnership property, etc.

Rule 10

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RSC ORDER 82 — DEFAMATION CLAIMS

Application

Rule 1

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Indorsement of claim in libel claim

Rule 2

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Obligation to give particulars

Rule 3

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Ruling on meaning

Rule 3A

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Provisions as to payment into Court

Rule 4

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Statement in open Court

Rule 5

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Further information not allowed in certain cases

Rule 6

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Fulfilment of offer of amends under s.4 of the Defamation Act 1952

Rule 8

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RSC ORDER 85 — ADMINISTRATION AND SIMILAR ACTIONS

Interpretation

Rule 1

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Determination of questions, etc., without administration

Rule 2

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Parties

Rule 3

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Judgments and orders in administration claims

Rule 5

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Conduct of sale of trust property

Rule 6

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RSC ORDER 87 — DEBENTURE HOLDERS' CLAIMS : RECEIVER'S REGISTER

Receiver’s register

Rule 1

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Registration of transfers, etc.

Rule 2

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Application for rectification of receiver’s register

Rule 3

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Receiver’s register evidence of transfers, etc.

Rule 4

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Proof of title of holder of bearer debenture, etc.

Rule 5

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Requirements in connection with payments

Rule 6

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RSC ORDER 88 — MORTGAGE CLAIMS

Application and Interpretation

Rule 1

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Assignment of certain actions to Chancery Division

Rule 2

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Commencement of claim

Rule 3

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Claim for possession: failure by a defendant to acknowledge service

Rule 4

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Claim in Chancery Division for possession or payment: evidence

Rule 5

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Claim for the enforcement of charging order by sale

Rule 5A

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Foreclosure in redemption claim

Rule 7

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RSC ORDER 91 — REVENUE PROCEEDINGS

Assignment to Chancery Division, etc.

Rule 1

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Appeal under section 222 of the Inheritance Tax Act 1984

Rule 2

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Setting down case stated under Taxes Management Act 1970

Rule 3

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Case stated: notice to be given of certain matters

Rule 4

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Appeals under section 53 and 100C (4) of the Taxes Management Act 1970

Rule 5

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Appeals under section 56A of the Taxes Management Act 1970, section 225 of the Inheritance Tax Act 1984 and regulation 10 of the Stamp Duty Reserve Tax Regulations 1986

Rule 5A

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Appeals from value added tax tribunals

Rule 6

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RSC ORDER 92 — LODGMENT, INVESTMENT, ETC., OF FUNDS IN COURT: CHANCERY DIV ISION

Payment into court by life assurance company

Rule 1

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Payment into court under Trustee Act 1925

Rule 2

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Payments into court under section 26, Banking Act 1987

Rule 3A

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Notice of lodgment

Rule 4

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Applications with respect to funds in court

Rule 5

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RSC ORDER 93 — APPLICATIONS AND APPEALS TO HIGH COURT UNDER VARIOUS ACTS: CHANCERY DIVISION

Notice of petition under section 55 of National Debt Act 1870

Rule1

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Application under Public Trustee Act 1906

Rule 2

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Proceedings under Trustee Act 1925

Rule 4

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Application under section 2(3) of Public Order Act 1936

Rule 5

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Application under Variation of Trusts Act 1958

Rule 6

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Right of appeal under Law of Property Act

Rule 9

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Determination of appeal or case stated under various Acts

Rule 10

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Appeal under section 17 of Industrial Assurance Act 1923

Rule11

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Appeals, etc., affecting industrial and provident societies, etc.

Rule12

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Application under section 19 or 27 of Leasehold Reform Act 1967

Rule 15

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Proceedings under the Commons Registration Act 1965

Rule16

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Proceedings under section 21 or 25 of the Law of Property Act 1969

Rule 17

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Proceedings under section 86 of the Civil Aviation Act 1982

Rule 18

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Proceedings under s.85 (7) of the Fair Trading Act 1973 and the Control of Misleading Advertisements Regulations 1988

Rule 19

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Proceedings under section 50 of the Administration of Justice Act 1985

Rule 20

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Proceedings under section 48 of the Administration of Justice Act 1985

Rule 21

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Proceedings under the Financial Services and Markets Act 2000

Rule 22

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Proceedings under the Banking Act 1987

Rule 23

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RSC ORDER 94 — APPLICATIONS AND APPEALS TO HIGH COURT UNDER VARIOUS ACTS: QUEEN'S BENCH DIVISION

Jurisdiction of High Court to quash certain orders, schemes, etc.

Rule 1

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Filing and service of claim form

Rule 2

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Filing of witness statement or affidavits, etc.

Rule 3

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Rectification of register of deeds of arrangement

Rule 4

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Exercise of jurisdiction under Representation of the People Acts

Rule 5

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Appeal to High Court where Court’s decision is final

Rule 6

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Reference of question of law by Agricultural Land Tribunal

Rule 7

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Tribunals and Inquiries Act 1992: appeal from tribunal

Rule 8

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Tribunals and Inquiries Act 1992: case stated by tribunal

Rule 9

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Tribunals and Inquiries Act 1971: appeal from Minister of Transport

Rule 10

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Consumer Credit Act 1974: appeal from Secretary of State

Rule 10A

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Case stated by Mental Health Review Tribunal

Rule 11

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Applications for permission under section 289 (6) of the Town and Country Planning Act 1990 and section 65 (5) of the Planning (Listed Buildings and Conservation Areas) Act 1990

Rule 12

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Proceedings under sections 289 and 290 of the Town and Country Planning Act 1990 and under section 65 of the Planning (Listed Buildings and Conservation Areas) Act 1990

Rule 13

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Applications under section 13 Coroners Act 1988

Rule 14

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Applications under section 42, Supreme Court Act 1981

Rule 15

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Proceedings under the Protection from Harassment Act 1997

Rule 16

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RSC ORDER 95 — BILLS OF SALE ACTS 1878 AND 1882 AND THE INDUSTRIAL AND PROVIDENT SOCIETIES ACT 1967

Rectification of register

Rule 1

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Entry of satisfaction

Rule 2

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Restraining removal on sale of goods seized

Rule 3

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Search of register

Rule 4

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Application under section 1 (5) of the Industrial and Provident Societies Act 1967

Rule 5

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Assignment of book debts

Rule 6

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RSC ORDER 96 — THE MINES (WORKING FACILITIES AND SUPPORT) ACT 1966, ETC.

Assignment to Chancery Division

Rule 1

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Reference by Secretary of State of certain applications

Rule 2

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Issue of claim form

Rule 3

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Appointment for directions

Rule 4

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Objections to application

Rule 5

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List of objectors

Rule 6

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Directions on further hearing

Rule 7

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Other applications

Rule 8

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RSC ORDER 97 — THE LANDLORD AND TENANT ACTS 1927, 1954 AND 1987

Interpretation

Rule 1

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Assignment of proceedings to Chancery Division, etc.

Rule 2

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Issue, etc., of claim form

Rule 3

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Claim for compensation in respect of improvement

Rule 4

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Proceedings under Part I of Act of 1927

Rule 5

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Application for new tenancy under section 24 of Act of 1954

Rule 6

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Application to authorise agreement

Rule 6A

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Evidence on application under section 24 of Act of 1954

Rule 7

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Parties to certain proceedings

Rule 8

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Order dismissing application under section 24 which is successfully opposed

Rule 9

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Application to determine interim rent

Rule 9A

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Other applications under Part II of Act of 1954

Rule 10

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Transfer of proceedings from county court

Rule 11

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Application for relief under section 16, etc., of the Act of 1954

Rule 12

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Evidence of rateable value

Rule 13

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Application under section 19 of the Act of 1987

Rule 14

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Application for order under section 24 of the Act of 1987

Rule 15

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Application for acquisition order under section 29 of the Act of 1987

Rule 16

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Application for order under section 38 or section 40 of the Act of 1987

Rule 17

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Service of notices in proceedings under the Act of 1987

Rule 18

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Tenants' associations

Rule 19

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RSC ORDER 98 — LOCAL GOVERNMENT FINANCE ACT 1982, PART III

Interpretation

Rule 1

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Application by auditor for declaration

Rule 2

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Appeal against decision of auditor

Rule 3

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General provisions

Rule 4

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RSC ORDER 99 — INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ACT 1975

Order to apply to High Court and County Court

Rule A1

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Interpretation

Rule 1

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Assignment to Chancery or Family Division if proceedings in High Court

Rule 2

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Application for financial provision

Rule 3

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Powers of Court as to parties

Rule 4

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Witness statement or affidavit in answer

Rule 5

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Separate representation

Rule 6

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Endorsement of memorandum on grant

Rule 7

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Disposal of proceedings in private

Rule 8

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Subsequent applications in proceedings under section 1

Rule 9

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Drawing up and service of orders

Rule 10

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RSC ORDER 101 — THE PENSIONS APPEAL TRIBUNALS ACT 1943

Assignment to Queen’s Bench Division

Rule 1

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Construction of reference to judge

Rule 2

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Application for permission to appeal

Rule 3

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Appeal

Rule 4

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RSC ORDER 106 — PROCEEDINGS RELATING TO SOLICITORS: THE SOLICITORS ACT 1974

Interpretation

Rule 1

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Jurisdiction under Part III of Act

Rule 2

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Power to order solicitor to deliver cash account, etc.

Rule 3

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Certificate to be submitted with solicitor’s application for detailed assessment

Rule 5A

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Applications under Schedule 1 to Act

Rule 6

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Defendants to applications under Schedule 1 to Act

Rule 7

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Interim order restricting payment out of banking account

Rule 8

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Adding parties, etc.

Rule 9

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Service of documents

Rule 10

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Constitution of Divisional Court to hear appeals

Rule 11

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Title, service, etc., of notice of appeal

Rule 12

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Law Society to produce certain documents

Rule 13

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Restriction on requiring security for costs

Rule 14

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Disciplinary committee’s opinion may be required

Rule 15

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Persons entitled to be heard on appeal

Rule 16

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Discontinuance of appeal

Rule 17

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RSC ORDER 108 — PROCEEDINGS RELATING TO CHARITIES: THE CHARITIES ACT 1993

Interpretation

Rule 1

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Assignment to Chancery Division

Rule 2

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Application for permission to appeal or to take charity proceedings

Rule 3

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Application for enforcement of order or direction of Commissioners

Rule 4

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Appeal against order, etc., of Commissioners

Rule 5

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Service on Commissioners

Rule 6

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RSC ORDER 109 — THE ADMINISTRATION OF JUSTICE ACT 1960

Applications under Act

Rule 1

(1) Any of the following applications, that is to say—

(a) an application under section 2 of the Administration of Justice Act 1960, or under that section as applied by section 13 of that Act, to extend the time within which an application may be made to a Divisional Court for permission to appeal to the Supreme Court under section 1 of that Act, or section 13 thereof, from an order or decision of that Court, and

(b) an application by a defendant under section 9 (3) of that Act to a Divisional Court for permission to be present on the hearing of any proceedings preliminary or incidental to an appeal to the Supreme Court under section 1 of that Act from a decision of that Court

must be made to a Divisional Court except in vacation when it may be made to a judge ...

(2) Any such application to a Divisional Court, if not made in the proceedings before the Divisional Court from whose order or decision the appeal in question is brought, must be made by the issue of a claim form ....

(3) Any such application to a judge ... must, in the case of such an application as is referred to in paragraph (1)(a) be made by the issue of a claim form and, in the case of such an application as is referred to in paragraph (1)(b) need not be served on any other person unless, in the latter case, the judge otherwise directs.

(4) No application notice or copy of the claim form (as the case may be) by which such an application as is referred to in paragraph (1)(b) is made, need be given to any party affected thereby unless the Divisional Court otherwise directs.

(5) Where any application to which this rule applies is made in vacation to a single judge and the judge refuses the application, the applicant shall be entitled to have the application determined by a Divisional Court.

Appeals under section 13 of Act

Rule 2

(1) An appeal to a Divisional Court of the High Court under section 13 of the Administration of Justice Act 1960, shall be heard and determined by a Divisional Court of the King's Bench Division.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Unless the Court gives permission, there shall be not more than 4 clear days between the date on which the order or decision appealed against was made and the day named in the notice of appeal for the hearing of the appeal.

(5) The notice must be served, and the appeal entered, not less than one clear day before the day named in the notice for the hearing of the appeal.

Release of appellant on bail

Rule 3

(1) Where, in the case of an appeal under section 13 of the Administration of Justice Act 1960, to a Divisional Court or to the Supreme Court from a Divisional Court, the appellant is in custody, the High Court may order his release on his giving security (whether by recognizance, with or without sureties, or otherwise and for such reasonable sum as the Court may fix) for his appearance, within 10 days after the judgment of the Divisional Court or, as the case may be, of the Supreme Court, on the appeal before the court from whose order or decision the appeal is brought unless the order or decision is reversed by that judgment.

(2) Order 79, rule 9 (1) to (6) and (8) shall apply in relation to an application to the High Court for bail pending an appeal under the said section 13 to which this rule applies, and to the admission of a person to bail in pursuance of an order made on the application, as they apply in relation to an application to that Court for bail in criminal proceedings, and to the admission of a person to bail in pursuance of an order made on the application, but with the substitution, for references to the defendant, of references to the appellant, and, for references to the prosecutor, of references to the court officer of the court from whose order or decision the appeal is brought and to the parties to the proceedings in that court who are directly affected by the appeal.

Release of appellant on bail by the Court of Appeal

Rule 4

(1) Where, in the case of an appeal under section 13 of the Administration of Justice Act 1960 to the Court of Appeal or to the Supreme Court from the Court of Appeal, the appellant is in custody, the Court of Appeal may order his release on his giving security (whether by recognisance, with or without sureties, or otherwise and for such reasonable sum as that court may fix) for his appearance within 10 days after the judgment of the Court of Appeal or, as the case may be, of the Supreme Court on the appeal shall have been given, before the court from whose order or decision the appeal is brought unless the order or decision is reversed by that judgment.

(2) An application for the release of a person under paragraph (1) pending an appeal to the Court of Appeal or the Supreme Court under the said section 13 must be made in accordance with CPR Part 23, and the application notice must, at least 24 hours before the day named therein for the hearing, be served on the court from whose order or decision the appeal is brought and on all parties to the proceedings in that court who are directly affected by the appeal.

(3) Order 79, rules 9(6), (6A), (6B) and (8) shall apply in relation to the grant of bail under this rule by the Court of Appeal in a case of criminal contempt of court as they apply in relation to the grant of bail in criminal proceedings by the High Court, but with the substitution for references to a judge of references to the Court of Appeal and for references to the defendant of references to the appellant.

(4) When granting bail under this rule in a case of civil contempt of court, the Court of Appeal may order that the recognisance or other security to be given by the appellant or the recognisance of any surety shall be given before any person authorised by virtue of section 119(1) of the Magistrates' Courts Act 1980 to take a recognisance where a magistrates' court having power to take it has, instead of taking it, fixed the amount in which the principal and his sureties, if any, are to be bound. An order by the Court of Appeal granting bail as aforesaid must be in Form 98 ... with the necessary adaptations.

(5) Where in pursuance of an order of the Court of Appeal under paragraph (4) of this rule a recognisance is entered into or other security given before any person, it shall be the duty of that person to cause the recognisance of the appellant or any surety or, as the case may be, a statement of the other security given, to be transmitted forthwith to the designated officer for the court which committed the appellant; and a copy of such recognisance or statement shall at the same time be sent to the governor or keeper of the prison or other place of detention in which the appellant is detained, unless the recognisance or security was given before such governor or keeper.

(6) The powers conferred on the Court of Appeal by paragraphs (1), (3) and (4) of this rule may be exercised by a single judge.

RSC ORDER 110 — ENVIRONMENTAL CONTROL PROCEEDINGS

Injunctions to prevent environmental harm

Rule 1

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Judge by whom appeals and references to be heard

Rule 1

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RSC ORDER 112 — APPLICATIONS FOR USE OF SCIENTIFIC TESTS IN DETERMINING PARENTAGE

Interpretation

Rule 1

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Application for direction

Rule 2

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Applications involving children under 16 and patients

Rule 3

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Addition as a party of person to be tested

Rule 4

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Service of direction and adjournment of proceedings

Rule 5

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Service of copy report

Rule 6

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RSC ORDER 113 — SUMMARY PROCEEDINGS FOR POSSESSION OF LAND

Proceedings to be brought by claim form

Rule 1

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Jurisdiction of Masters

Rule 1A

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Forms of claim form

Rule 2

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Witness statement or affidavit in support

Rule 3

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Service of claim form

Rule 4

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Application by occupier to be made a party

Rule 5

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Order for possession

Rule 6

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Writ of possession

Rule 7

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Setting aside order

Rule 8

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RSC ORDER 114 — REFERENCES TO THE EUROPEAN COURT

Interpretation

Rule 1

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Making of order

Rule 2

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Schedule to order to set out request for ruling

Rule 3

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Stay of proceedings pending ruling

Rule 4

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Transmission of order to the European Court

Rule 5

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Appeals from orders made by High Court

Rule 6

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RSC ORDER 115 — CONFISCATION AND FORFEITURE IN CONNECTION WITH CRIMINAL PRO CEEDINGS

I. Drug Trafficking Act 1994 and Criminal Justice (International Co-operation) Act 1990

Interpretation

Rule 1

(1) In this Part of this Order, “The Act” means the Drug Trafficking Act 1994 and a section referred to by number means the section so numbered in the Act.

(2) Expressions used in this Part of this Order which are used in the Act have the same meanings in this Part of this Order as in the Act and include any extended meaning given by the Criminal Justice (Confiscation) (Northern Ireland) Order 1990.

Assignment of proceedings

Rule 2

Subject to rule 12, the jurisdiction of the High Court under the Act shall be exercised by a judge of the Business and Property Division or of the King’s Bench Division ....

Title of proceedings

Rule 2A

An application made in accordance with CPR Part 23, or a claim form issued in relation to proceedings under this Part of this Order shall be entitled in the matter of the defendant, naming him, and in the matter of the Act, and all subsequent documents in the matter shall be so entitled.

Application for confiscation order

Rule 2B

(1) An application by the prosecutor for a confiscation order under section 19 shall be made in accordance with CPR Part 23 where there have been proceedings against the defendant in the High Court, and shall otherwise be made by the issue of a claim form.

(2) The application shall be supported by a witness statement or affidavit giving full particulars of the following matters—

(a) the grounds for believing that the defendant has died or absconded;

(b) the date or approximate date on which the defendant died or absconded;

(c) where the application is made under section 19 (2), the offence or offences of which the defendant was convicted, and the date and place of conviction;

(d) where the application is made under section 19 (4), the proceedings which have been initiated against the defendant (including particulars of the offence and the date and place of institution of those proceedings); and

(e) where the defendant is alleged to have absconded, the steps taken to contact him.

(3) The prosecutor’s statement under section 11 shall be exhibited to the witness statement or affidavit and shall include the following particulars—

(a) the name of the defendant;

(b) the name of the person by whom the statement is given;

(c) such information known to the prosecutor as is relevant to the determination whether the defendant has benefited from drug trafficking and to the assessment of the value of his proceeds of drug trafficking.

(4) Unless the Court otherwise orders, a witness statement or affidavit under paragraph (2) may contain statements of information and belief, with their sources and grounds.

(5) The application and the witness statement or affidavit in support shall be served not less than 7 days before the date fixed for the hearing of the application on—

(a) the defendant (or on the personal representatives of a deceased defendant);

(b) any person who the prosecutor reasonably believes is likely to be affected by the making of a confiscation order; and

Application for restraint order or charging order

Rule 3

(1) An application for a restraint order under section 26 or for a charging order under section 27 (to either of which may be joined an application for the appointment of a receiver) may be made by the prosecutor by the issue of a claim form, notice of which need not be served on any other party.

(2) An application under paragraph (1) shall be supported by a witness statement or affidavit, which shall—

(a) give the grounds for the application; and

(b) to the best of the witness’s ability, give full particulars of the realisable property in respect of which the order is sought and specify the person or persons holding such property.

(3) Unless the Court otherwise directs, a witness statement or affidavit under paragraph (2) may contain statements of information or belief with the sources and grounds thereof.

Restraint order and charging order

Rule 4

(1) A restraint order may be made subject to conditions and exceptions, including but not limited to conditions relating to the indemnifying of third parties against expenses incurred in complying with the order, and exceptions relating to living expenses and legal expenses of the defendant, but the prosecutor shall not be required to give an undertaking to abide by any order as to damages sustained by the defendant as a result of the restraint order.

(2) Unless the Court otherwise directs, a restraint order made where notice of it has not been served on any person shall have effect until a day which shall be fixed for the hearing where all parties may attend on the application and a charging order shall be an order to show cause, imposing the charge until such day.

(3) Where a restraint order is made the prosecutor shall serve copies of the order and of the witness statement or affidavit in support on the defendant and on all other named persons restrained by the order and shall notify all other persons or bodies affected by the order of its terms.

(4) Where a charging order is made the prosecutor shall serve copies of the order and of the witness statement or affidavit in support on the defendant and, where the property to which the order relates is held by another person, on that person and shall serve a copy of the order on such of the persons or bodies specified in CPR rule 73.7(7)(e) to (g) as shall be appropriate.

Discharge or variation of order

Rule 5

(1) Any person or body on whom a restraint order or a charging order is served or who is notified of such an order may make an application in accordance with CPR Part 23 to discharge or vary the order.

(2) The application notice and any witness statement or affidavit in support shall be lodged with the court and served on the prosecutor and, where he is not the applicant, on the defendant, not less than two clear days before the date fixed for the hearing of the application.

(3) Upon the court being notified that proceedings for the offences have been concluded or that the amount, payment of which is secured by a charging order has been paid into court, any restraint order or charging order, as the case may be, shall be discharged.

(4) The Court may also discharge a restraint order or a charging order upon receiving notice from the prosecutor that it is no longer appropriate for the restraint order or the charging order to remain in place.

Further application by prosecutor

Rule 6

(1) Where a restraint order or a charging order has been made the prosecutor may apply by an application in accordance with CPR Part 23 with notice or, where the case is one of urgency or the giving of notice would cause a reasonable apprehension of dissipation of assets, without notice—

(a) to vary such order, or

(b) for a restraint order or a charging order in respect of other realisable property, or

(2) An application under paragraph (1) shall be supported by a witness statement or affidavit which, where the application is for a restraint order or a charging order, shall to the best of the witness’s ability give full particulars of the realisable property in respect of which the order is sought and specify the person or persons holding such property.

(3) The application and witness statement or affidavit in support shall be lodged with the court and served on the defendant and, where one has been appointed in the matter, on the receiver, not less than two clear days before the date fixed for the hearing of the application.

(4) Rule 4 (3) and (4) shall apply to the service of restraint orders and charging orders respectively made under this rule on persons other than the defendant.

Realisation of property

Rule 7

(1) An application by the prosecutor under section 29 shall, where there have been proceedings against the defendant in the High Court, be made by an application in accordance with CPR Part 23 and shall otherwise be made by the issue of a claim form

(2) The application notice or claim form, as the case may be, shall be served with the evidence in support not less than 7 days before the date fixed for the hearing of the application or claim on:—

(a) the defendant,

(b) any person holding any interest in the realisable property to which the application relates, and

(3) The application shall be supported by a witness statement or affidavit, which shall, to the best of the witness’s ability, give full particulars of the realisable property to which it relates and specify the person or persons holding such property, and a copy of the confiscation order, of any certificate issued by the Crown Court under section 5 (2) and of any charging order made in the matter shall be exhibited to such witness statement or affidavit.

(4) The Court may, on an application under section 29—

(a) exercise the power conferred by section 30 (2) to direct the making of payments by a receiver;

(b) give directions in respect of the property interests to which the application relates; and

Receivers

Rule 8

(1) Subject to the provisions of this rule, the provisions of CPR Part 69 shall apply where a receiver is appointed in pursuance of a charging order or under sections 26 or 29.

(2) Where the receiver proposed to be appointed has been appointed receiver in other proceedings under the Act, it shall not be necessary for a witness statement or affidavit of fitness to be sworn or for the receiver to give security, unless the Court otherwise orders.

(3) Where a receiver has fully paid the amount payable under the confiscation order and any sums remain in his hands, he shall make an application to the court for directions in accordance with CPR Part 23, as to the distribution of such sums.

(4) An application under paragraph (3) shall be served with any evidence in support not less than 7 days before the date fixed for the hearing of the application on:—

(a) the defendant, and

(b) any other person who held property realised by the receiver.

(5) A receiver may apply for an order to discharge him from his office by making an application in accordance with CPR Part 23, which shall be served, together with any evidence in support, on all persons affected by his appointment not less than 7 days before the day fixed for the hearing of the application.

Certificate of inadequacy

Rule 9

(1) The defendant or a receiver appointed under section 26 or 29 or in pursuance of a charging order may apply in accordance with CPR Part 23 for a certificate under section 17 (1).

(2) An application under paragraph (1) shall be served with any supporting evidence not less than 7 days before the date fixed for the hearing of the application on the prosecutor and, as the case may be, on either the defendant or the receiver (where one has been appointed).

Certificate under section 16

Rule 9A

An application under section 16 (2) (increase in realisable property) shall be served with any supporting evidence not less than 7 days before the date fixed for the hearing of the application on the defendant and, as the case may be, on either the prosecutor or (where one has been appointed in the matter) on the receiver.

Compensation

Rule 10

An application for an order under section 18 shall be made in accordance with CPR Part 23, which shall be served, with any supporting evidence, on the person alleged to be in default and on the relevant authority under section 18 (5) not less than 7 days before the date fixed for the hearing of the application.

Disclosure of information

Rule 11

(1) An application by the prosecutor under section 59 shall be made in accordance with CPR Part 23 and the application notice shall state the nature of the order sought and whether material sought to be disclosed is to be disclosed to a receiver appointed under section 26 or 29 or in pursuance of a charging order or to a person mentioned in section 59 (8).

(2) The application notice and witness statement or affidavit in support shall be served on the authorised Government Department in accordance with Order 77, rule 4 not less than 7 days before the date fixed for the hearing of the application.

(3) The witness statement or affidavit in support of an application under paragraph (1) shall state the grounds for believing that the conditions in section 59 (4) and, if appropriate, section 59 (7) are fulfilled.

Compensation for, discharge and variation of confiscation order

Rule 11A

(1) An application under section 21, 22 or 23 shall be made in accordance with CPR Part 23 which, together with any evidence in support, shall be lodged with the Court and served on the prosecutor not less than 7 days before the day fixed for the hearing of the application.

(2) Notice shall also be served on any receiver appointed in pursuance of a charging order or under section 26 or 29.

(3) An application for an order under section 22 shall be supported by a witness statement or affidavit giving details of—

(a) the confiscation order made under section 19 (4);

(b) the acquittal of the defendant;

(d) the loss suffered by the applicant as a result of the confiscation order.

(4) An application for an order under section 23 shall be supported by a witness statement or affidavit giving details of—

(a) the confiscation order made under section 19 (4);

(b) the date on which the defendant ceased to be an absconder;

(c) the date on which proceedings against the defendant were instituted and a summary of the steps taken in the proceedings since then; and

(d) any indication given by the prosecutor that he does not intend to proceed against the defendant.

(5) An application made under section 21 shall be supported by a witness statement or affidavit giving details of—

(a) the confiscation order made under section 19(4);

(b) the circumstances in which the defendant ceased to be an absconder; and

(6) Where an application is made for an order under section 23 (3) or 24 (2)(b), the witness statement or affidavit shall also include—

(a) details of the realisable property to which the application relates; and

(b) details of the loss suffered by the applicant as a result of the confiscation order.

(7) Unless the Court otherwise orders, a witness statement or affidavit under paragraphs (3) to (6) may contain statements of information and belief, with the sources and grounds thereof.

Exercise of powers under sections 37 and 40

Rule 12

The powers conferred on the High Court by sections 37 and 40 may be exercised by a judge or a master of the King's Bench Division.

Application for registration

Rule 13

An application for registration of an order specified in an Order in Council made under section 37 or of an external confiscation order under section 40 (1) must be made in accordance with CPR Part 23, and may be made without notice.

Evidence in support of application under section 37

Rule 14

An application for registration of an order specified in an Order in Council made under section 37 must be made in accordance with CPR Part 23, and be supported by a witness statement or affidavit—

(i) exhibiting the order or a certified copy thereof, and

(ii) stating, to the best of the witness’s knowledge, particulars of what property the person against whom the order was made holds in England and Wales, giving the source of the witness’s knowledge.

Evidence in support of application under section 40 (1)

Rule 15

(1) An application for registration of an external confiscation order must be made in accordance with CPR Part 23, and be supported by a witness statement or affidavit—

(a) exhibiting the order or a verified or certified or otherwise duly authenticated copy thereof and, where the order is not in the English language, a translation thereof into English certified by a notary public or authenticated by witness statement or affidavit, and

(b) stating—

(i) that the order is in force and is not subject to appeal,

(ii) where the person against whom the order was made did not appear in the proceedings, that he received notice thereof in sufficient time to enable him to defend them,

(iii) in the case of money, either that at the date of the application the sum payable under the order has not been paid or the amount which remains unpaid, as may be appropriate, or, in the case of other property, the property which has not been recovered, and

(iv) to the best of the witness’s knowledge, particulars of what property the person against whom the order was made holds in England and Wales, giving the source of the witness’s knowledge.

(2) Unless the Court otherwise directs, a witness statement or affidavit for the purposes of this rule may contain statements of information or belief with the sources and grounds thereof.

Register of orders

Rule 16

(1) There will be kept in the Central Office at the Royal Courts of Justice in London under the direction of the Master of the Administrative Court a register of the orders registered under the Act.

(2) There shall be included in such register particulars of any variation or setting aside of a registration and of any execution issued on a registered order.

Notice of registration

Rule 17

(1) Notice of the registration of an order must be served on the person against whom it was obtained by delivering it to that person personally or by sending it to that person’s usual or last known address or place of business or in such other manner as the Court may direct.

(2) Permission is not required to serve such a notice out of the jurisdication and CPR rules 6.40, 6.42 and 6.46 apply in relation to such notice as they apply in relation to a claim form.

Application to vary or set aside registration

Rule 18

An application made in accordance with CPR Part 23 by the person against whom an order was made to vary or set aside the registration of an order must be made to a judge and be supported by witness statement or affidavit.

Enforcement of order

Rule 19

(2) If an application is made under rule 18, an order shall not be enforced until after such application is determined.

Variation, satisfaction and discharge of registered order

Rule 20

Upon the court being notified by the applicant for registration that an order which has been registered has been varied, satisfied or discharged, particulars of the variation, satisfaction or discharge, as the case may be, shall be entered in the register.

Rules to have effect subject to Orders in Council

Rule 21

Rules 12 to 20 shall have effect subject to the provisions of the Order in Council made under section 37 or, as the case may be, of the Order in Council made under section 39.

Criminal Justice (International Co-operation) Act 1990: external forfeiture orders

Rule 21A

The provisions of this Part of this Order shall, with such modifications as are necessary and subject to the provisions of any Order in Council made under section 9 of the Criminal Justice (International Co-operation) Act 1990³³⁶⁵, apply to proceedings for the registration and enforcement of external forfeiture orders as they apply to such proceedings in relation to external confiscation orders.

II. Part VI of the Criminal Justice Act 1988

Interpretation

Rule 22

(1) In this Part of this Order, “the 1988 Act” means the Criminal Justice Act 1988 and a section referred to by number means the section so numbered in that Act.

(2) Expressions which are used in this Part of this Order which are used in the 1988 Act have the same meanings in this Part of this Order as in the 1988 Act and include any extended meaning given by the Criminal Justice (Confiscation) (Northern Ireland) Order 1990.

Application of Part I of Order 115

Rule 23

Part I of Order 115 (except rule 11) shall apply for the purposes of proceedings under Part VI of the 1988 Act with the necessary modifications and, in particular,—

(a) references to drug trafficking offences and to drug trafficking shall be construed as references to offences to which Part VI of the 1988 Act applies and to committing such an offence;

(b) references to the Drug Trafficking Act 1994 shall be construed as references to the 1988 Act and references to sections 5 (2), 26, 27, 29, 30 (2), 17 (1), 18, 18 (5), 39 and 40 of the 1994 Act shall be construed as references to sections 73 (6), 77, 78, 80, 81, 81 (1), 83 (1), 89, 89 (5), 96 and 97 of the 1988 Act respectively;

(a) state, as the case may be, either that proceedings have been instituted against the defendant for an offence to which Part VI of the 1988 Act applies (giving particulars of the offence) and that they have not been concluded or that, whether by the laying of an information or otherwise, a person is to be charged with such an offence; (b) state, as the case may be, either that a confiscation order has been made or the grounds for believing that such an order may be made;

(d) rule 7 (3) shall have effect as if the words “certificate issued by a magistrates' court or the Crown Court” were substituted for the words “certificate issued by the Crown Court”;

(e) rule 8 shall have effect as if the following paragraph were added at the end—

(6) Where a receiver applies in accordance with CPR Part 23 for the variation of a confiscation order, the application notice shall be served, with any supporting evidence, on the defendant and any other person who may be affected by the making of an order under section 83 of the 1988 Act, not less than 7 days before the date fixed for the hearing of the application.;

(f) rule 11 shall apply with the necessary modifications where an application is made under section 93J of the 1988 Act for disclosure of information held by government departments.

III: TERRORISM ACT 2000

Interpretation

Rule 24

In this Part of this Order—

(a) “the Act” means Terrorism Act 2000;

(b) “Schedule 4” means Schedule 4 to the Act; ...

(c) “the prosecutor” means the person with conduct of proceedings which have been instituted in England and Wales for an offence under any of sections 15 to 18 of the Act, or the person who the High Court is satisfied will have the conduct of any proceedings for such an offence; ...

(d) “domestic freezing order certificate” means a certificate made by the High Court under paragraph 11B of Schedule 4 in relation to property in a country other than the United Kingdom;

(e) “overseas freezing order” means an order made in accordance with paragraph 11D of Schedule 4 in relation to property in the United Kingdom;

(f) “British Islands order” means a Scottish order, a Northern Ireland order or an Islands order as defined in paragraph 12 of Schedule 4; and

(g) other expressions used have the same meanings as they have in Schedule 4 to the Act.

Assignment of proceedings

Rule 25

(1) Subject to paragraph (2), the jurisdiction of the High Court under the Act shall be exercised by a judge of the King's Bench Division or of the Business and Property Division ...

(2) The jurisdiction conferred on the High Court by paragraph 13 of Schedule 4 may also be exercised by a master of the King's Bench Division.

Application for restraint order and domestic freezing order certificate

Rule 26

(1) An application for a restraint order and, where relevant, a domestic freezing order certificate under paragraphs 5 and 11B of Schedule 4 may be made by the prosecutor by a claim form, which need not be served on any person.

(2) An application under paragraph (1) shall be supported by a witness statement or affidavit, which shall:—

(a) state, as the case may be, either—

(i) that proceedings have been instituted against a person for an offence under any of sections 15 to 18 of the Act and that they have not been concluded; or

(ii) that a criminal investigation has been started in England and Wales with regard to such an offence,

and in either case give details of the alleged or suspected offence and of the defendant’s involvement;

(b) where proceedings have been instituted, state, as the case may be, that a forfeiture order has been made in the proceedings or the grounds for believing that such an order may be made;

(ba) where proceedings have not been instituted—

(i) indicate the state of progress of the investigation and when it is anticipated that a decision will be taken on whether to institute proceedings against the defendant;

(ii) state the grounds for believing that a forfeiture order may be made in any proceedings against the defendant; and

(iii) verify that the prosecutor is to have the conduct of any such proceedings;

(c) to the best of the witness’s ability, give full particulars of the property in respect of which the restraint order and, where relevant, the domestic freezing order certificate is sought and specify the person or persons holding such property and any other persons having an interest in it.

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) An applicant who seeks a domestic freezing order certificate must—

(a) prepare a draft of the certificate in accordance with paragraph 11B of Schedule 4; and

(b) attach it to the application for the restraint order under paragraph (1).

(3) A claim form under paragraph (1) shall be entitled in the matter of the defendant, naming him, and in the matter of the Act, and all subsequent documents in the matter shall be so entitled.

(4) Unless the court otherwise directs, a witness statement or affidavit under paragraph (2) may contain statements of information or belief with the sources and grounds thereof.

Restraint order

Rule 27

(1) A restraint order may be made subject to conditions and exceptions, including but not limited to conditions relating to the indemnifying of third parties against expenses incurred in complying with the order, and exceptions relating to living expenses and legal expenses of the defendant, but the prosecutor shall not be required to give an undertaking to abide by any order as to damages sustained by the defendant as a result of the restraint order.

(2) Unless the court otherwise directs, a restraint order made without notice of the application for it being served on any person shall have effect until a day which shall be fixed for the hearing where all parties may attend on the application.

(3) Where a restraint order is made the prosecutor shall serve copies of the order and , unless the court otherwise orders, of the witness statement or affidavit in support on the defendant and on all other persons affected by the order.

(4) Where a domestic freezing order certificate is made it must be served with the copies of the restraint order as provided for in paragraph (3).

Discharge or variation of a restraint order and a domestic freezing order certificate

Rule 28

(1) Subject to paragraph (2), an application to discharge or vary a restraint order shall be made in accordance with CPR Part 23.

(2) Where the case is one of urgency, an application under this rule by the prosecutor may be made without notice.

(3) The application and any witness statement or affidavit in support shall be lodged with the court and, where the application is made in accordance with CPR Part 23 the application notice shall be served on the following persons (other than the applicant)—

(a) the prosecutor;

(b) the defendant; and

not less than two clear days before the date fixed for the hearing of the application.

(4) Where a restraint order has been made and has not been discharged, the prosecutor shall notify the court when proceedings for the offence have been concluded, and the court shall thereupon discharge the restraint order.

(5) Where an order is made discharging or varying a restraint order, the applicant shall serve copies of the order of discharge or variation on all persons restrained by the earlier order and shall notify all other persons affected of the terms of the order of discharge or variation.

(6) A reference in this rule to a restraint order also applies, where relevant, to a domestic freezing order certificate.

(7) Where an order is made under paragraph (5) which discharges or varies a domestic freezing order certificate the applicant must notify the court or authority in accordance with paragraph 11C of Schedule 4.

Compensation in relation to a restraint order, domestic freezing order certificate or forfeiture order

Rule 29

An application for an order under paragraph 9 or 10 of Schedule 4 shall be made in accordance with CPR Part 23, and the application notice, shall be served, with any supporting evidence, on the person alleged to be in default and on the person or body by whom compensation, if ordered, will be payable under paragraph 9(6) or 10(4) not less than 7 days before the date fixed for the hearing of the application.

Application for registration of a British Islands order

Rule 30

An application for registration of a British Islands order under paragraph 13(4) of Schedule 4 must be made in accordance with CPR Part 23 and may be made without notice.

Evidence in support of an application for registration of a British Islands order

Rule 31

(1) An application for registration of a British Islands order must be supported by a witness statement or affidavit—

(a) exhibiting the order or a certified copy thereof, and

(b) which shall, to the best of the witness’s ability, give particulars of such property in respect of which the order was made as is in England and Wales, and specify the person or persons holding such property.

(2) Unless the Court otherwise directs, a witness statement or affidavit for the purposes of this rule may contain statements of information or belief with the sources and grounds thereof.

Register of all orders registered under the Act

Rule 32

(1) There will be kept in the Central Office at the Royal Courts of Justice in London under the direction of the Master of the Administrative Court a register of the orders registered under the Act.

(2) There shall be included in such register particulars of any variation or setting aside of a registration, and of any execution issued on a registered order.

Notice of registration of a British Islands order

Rule 33

(1) Notice of the registration of a British Islands order must be served on the person or persons holding the property referred to in rule 31(1)(b) and any other persons appearing to have an interest in that property.

(2) Permission is not required to serve such a notice out of the jurisdication and CPR rules 6.40, 6.42 and 6.46 apply in relation to such notice as they apply in relation to a claim form.

Application to vary or cancel registration of a British Islands order

Rule 34

An application to vary or cancel the registration of a British Islands order must be made to a judge in accordance with CPR Part 23 and be supported by a witness statement or affidavit.

Enforcement of a British Islands order

Rule 35

(2) If an application is made under rule 34, an order shall not be enforced until after such application is determined.

(3) This rule does not apply to the taking of steps under paragraph 7 or 8 of Schedule 4, as applied by paragraph 13(6) of that Schedule.

Variation and cancellation of registration of a British Islands order

Rule 36

If effect has been given (whether in England or Wales or elsewhere) to a British Islands order, or if the order has been varied or discharged by the court by which it was made, the applicant for registration shall inform the court and—

(a) if such effect has been given in respect of all the money or other property to which the order applies, or if the order has been discharged by the court by which it was made, registration of the order shall be cancelled;

(b) if such effect has been given in respect of only part of the money or other property, or if the order has been varied by the court by which it was made, registration of the order shall be varied accordingly.

Giving effect to an overseas freezing order – consideration by the court

36A

(1) Save in exceptional circumstances the court will consider an overseas freezing order the next business day after receipt of a copy of that order from the Secretary of State.

(2) In any event the court will consider the order within 5 business days of receipt of it.

(3) The court will not make an order giving effect to an overseas freezing order unless it is satisfied that the Director of Public Prosecutions has had the opportunity to make representations to the court in writing or at a hearing.

(4) ‘Business day’ has the same meaning as in CPR rule 6.2.

Giving effect to an overseas freezing order – registration

36B

Where the court makes an order to give effect to an overseas freezing order the court will register that order in accordance with rule 32.

Notice of registration of an overseas freezing order

36C

Where the court gives effect to an overseas freezing order it will order the Director of Public Prosecutions to serve notice of registration of the order on any persons affected by it.

Application to cancel the registration of, or vary, an overseas freezing order

36D

An application under paragraph 11G(4) of Schedule 4 by the Director of Public Prosecutions or any person affected by an overseas freezing order must be made to the court in accordance with CPR Part 23.

Part IV International Criminal Court Act 2001: fines, forfeitures and reparation orders

Interpretation

37

In this Part of this Order—

(a) “the Act” means the International Criminal Court Act 2001;

(b) “the ICC” means the International Criminal Court;

(i) a fine or forfeiture ordered by the ICC; or

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