The Civil Procedure (Amendment No. 3) Rules 2015

Made: 25th March 2015

Laid before Parliament: 26th March 2015

Coming into force: 17th April 2015

The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997[^f00001] to make rules of court under section 1 of that Act and under paragraphs 2 to 4 and 6 of Schedule 3 to the Counter-Terrorism and Security Act 2015[^f00002], makes the following Rules:

Citation, commencement and interpretation

1

These Rules may be cited as the Civil Procedure (Amendment No. 3) Rules 2015.

2

These Rules come into force on 17th April 2015.

3

In these Rules, a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998[^f00003].

Amendments to the Civil Procedure Rules 1998

4

The Civil Procedure Rules 1998 are amended in accordance with rules 5 to 9.

5

In rule 76.29(1)(a), after “special advocate” insert “or to the form in which it is proposed to be made”.

6

In rule 79.21(1), after “proposed communication by the special advocate” insert “or to the form in which it is proposed to be made”.

7

In rule 80.25(1)(a), after “special advocate” insert “or to the form in which it is proposed to be made”.

8

In rule 82.14(1)(b), after “the special advocate” insert “or to the form in which it is proposed to be made”.

9

In Part 88—

• (a) in rule 88.2(2), for “in a way which would be damaging to the interests of national security” substitute “contrary to the public interest”;

• (b) in rule 88.9(1), for “will” substitute “must”;

• (c) in rule 88.24(2), for “relevant person” substitute “Secretary of State”; and

• (d) in rule 88.28—

• (i) in paragraph (1)(a), after “special advocate” insert “or to the form in which it is proposed to be made”;

• (ii) in paragraph (3)(a), omit “the relevant person or”; and

• (iii) in paragraph (6)(a), for “relevant person” substitute “Secretary of State”.

Signed

The Right Honourable Lord Dyson, MR — Stephen Richards, LJ — Mr Justice Birss — Mr Justice Coulson — Master Roberts — His Honour Judge Martin McKenna — District Judge Michael Hovington — Edward Pepperall QC — Richard Viney — Andrew Underwood — Kate Wellington

I allow these Rules

Signed by authority of the Lord Chancellor

Edward Faulks — Minister of State — Ministry of Justice — 25th March 2015

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend the Civil Procedure Rules 1998 (S.I. 1998/3132) by

• amending rules 76.29, 79.21, 80.25(1), 82.14 and 88.28 to make it clear in each case that the rule applies not only where there has been an objection to a proposed communication by the special advocate, but also where there has been an objection to the form it is proposed such a communication should take;

• amending rule 88.2(2) to correct an error, so that the provision is consistent with rule 88.1(3) and makes it clear that the court is required to ensure that information is not disclosed contrary to the public interest, rather than to ensure that it is not disclosed in a way which would be damaging to the interests of national security;

• amending rule 88.9(1) to make it clear that the rule imposes an obligation on the court;

• amending rules 88.24 and 88.28 to correct references to the “relevant person” to make it clear that the person referred to is the Secretary of State.

A full impact assessment has not been prepared for these Rules, as no impact on the private or voluntary sector is foreseen.

Footnotes

[^f00001]: 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 and 146 and Schedule 4, Part 1, paragraphs 261 and 262 and Schedule 18. Section 1(1) was amended by the Crime and Courts Act 2013 (c.22), section 17(5) and Schedule 9, Part 3, paragraph 67(a).

[^f00002]: 2015 c. 6.

[^f00003]: S.I. 1998/3132, to which there are relevant amendments in S.I. 2005/656, S.I. 2008/3085, S.I. 2011/2970, S.I. 2011/1571 and S.I. 2015/406.