The Civil Procedure (Amendment) Rules 2016

Made: 23rd February 2016

Laid before Parliament: 25th February 2016

Coming into force in accordance with rule 2

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 after consulting in accordance with section 2(6)(a) of the Civil Procedure Act 1997, and having power under sections 14(4) and 17(3) of the Attachment of Earnings Act 1971[^f00002], makes the following Rules.

Citation, commencement and interpretation

1

These Rules may be cited as the Civil Procedure (Amendment) Rules 2016.

2

Subject to rules 23 to 26, these Rules come into force on 6th April 2016.

3

In these Rules—

• (a) a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998[^f00003];

• (b) a reference to an Order by number and pre-fixed “RSC” means the RSC Order so numbered in Schedule 1 to those Rules; and

• (c) a reference to an Order by number and pre-fixed “CCR” means the CCR Order so numbered in Schedule 2 to those Rules.

Amendments to Part 3

4

In the table of contents to Part 3, in the entry for rule 3.13, after “exchanging budgets”, insert “and budget discussion reports”; and

5

In rule 3.12(1), for subparagraph (c), substitute—

(c) where in proceedings commenced on or after 6th April 2016 a claim is made by or on behalf of a person under the age of 18 (a child) (and on a child reaching majority this exception will continue to apply unless the court otherwise orders); or (d) where the proceeding are the subject of fixed costs or scale costs; or (e) the court otherwise orders.

6

In rule 3.13—

• (a) in the heading to that rule, after “exchanging budgets”, insert “and budget discussion reports”; and

• (b) for rule 3.13, substitute—

(3.13) (1) Unless the court otherwise orders, all parties except litigants in person must file and exchange budgets— (a) where the stated value of the claim on the claim form is less than £50,000, with their directions questionnaires; or (b) in any other case, not later than 21 days before the first case management conference. (2) In the event that a party files and exchanges a budget under paragraph (1), all other parties, not being litigants in person, must file an agreed budget discussion report no later than 7 days before the first case management conference.

7

In rule 3.18, in the words in parenthesis immediately after subparagraph (b), for “rule 44.3(2)(a) and rule 44.3(5)”, substitute “rules 44.3(2)(a) and 44.3(5)”.

Amendments to Part 44

8

In rule 44.5(1), for “Subject to paragraphs (2) to (4)”, substitute “Subject to paragraphs (2) and (3)”.

Amendments to Part 45

9

In rule 45.8, in Table 5—

• (a) in the entry for making a final charging order, for “73.8(2)(a)”, substitute “73.10(7)(a) or 73.10A(3)(a)”; and

• (b) in the entry for where an application for an attachment of earnings order is made and costs are allowed, for “CCR Order 27 rule 9”, substitute “rule 89.10”.

Amendments to Part 47

10

In rule 47.6, in paragraph (2), for “and the bill” substitute “, the bill and, if a costs management order has been made, the breakdown”.

Amendments to Part 66

11

In rule 66.6(1)—

• (a) in subparagraph (a), for “83 and 84” substitute “83, 84 and 89”.

• (b) in subparagraph (c), for “Orders 27 and”, substitute “Order”.

Amendments to Part 70

12

In rule 70.1, in the words in parentheses following subparagraph (1), for “83, and 84, and Schedule 2 CCR Orders 27 and 28” substitute “83, 84 and 89, and Schedule 2 CCR Order 28”.

13

In rule 70.5—

• (a) in paragraph (2A), for “83, and 84, and Schedule 2 CCR Orders 27 and 28”, substitute “83, 84 and 89, and Schedule 2 CCR Order 28”; and

• (b) in paragraph (4)(b), after “unless”, insert “an enactment, rule or practice direction provides otherwise or”.

Amendments to Part 73

14

For rules 73.1 to 73.10, substitute rules 73.1 to 73.10C as set out in Schedule 1 to these Rules.

15

In the Table of Contents for Part 73, for the entries for rules 73.1 to 73.10, substitute—

16

In rule 73.12(3)(b)(ii), for “73.5(1)(d)”, substitute “73.7(7)(f)”.

17

In rule 73.17, in the words in parenthesis following subparagraph (1), for “73.8(3)” substitute “73.10(8) or 73.10A(4)”.

Amendments to Part 75

18

For rule 75.6(d), substitute—

(d) Part 89.

19

In rule 75.10, for “Parts 71, 72 or 73 or CCR Order 27”, substitute “Parts 71, 72, 73 or 89”.

Insertion of new Part 89

20

After Part 88, insert new Part 89 as set out in Schedule 2 to these Rules.

RSC Order 115

21

In RSC Order 115 rule 4(4), for “73.5(1)(c) to (e)” substitute “73.7(7)(e) to (g)”.

CCR Order 27 – Attachment of Earnings

22

Omit CCR Order 27 – Attachment of Earnings.

Transitional provisions

23

The amendments made by rules 4 and 6 apply to proceedings commenced on or after 6th April 2016.

24

The amendments made by rules 9(a), 14 to 17 and 21 apply to applications for charging orders made on or after the 6th April 2016.

25

The amendments made by rules 9(b), 11, 12, 13(a), 18, 19, 20 and 22 apply to applications for attachment of earnings orders made on or after the 6th April 2016.

26

The amendment made by rule 13(b) applies to applications for charging orders or attachment of earnings orders made on or after 6th April 2016.

SCHEDULE 1

SCHEDULE 2

Signed

The Right Honourable Lord Dyson, MR — Michael Briggs, LJ — Mr Justice Birrs — Mr Justice Coulson — Master Roberts — His Honour Judge Martin McKenna — District Judge Michael Hovington — District Judge Christopher Lethem — 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 — 23rd February 2016

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend the Civil Procedure Rules 1998 (CPR) (SI 1998/3132), by—

• making amendments to the costs management provisions in Section II of Part 3 and, in particular, excluding claims relating to children from those provisions;

• correcting a typographical error in rule 44.5;

• making amendments to rule 47.6 to ensure information is provided to the court in the required form when assessing costs under rule 3.18;

• replacing Section I of Part 73 in relation to charging orders, for the centralisation of the processing of certain charging orders at the County Court Money Claims Centre, and for court officers at that Centre to deal with applications for charging orders in certain circumstances;

• making amendments to rules 45.8, 70.5(4)(b), 73.12, 73.17, and RSC Order 115, rule 4, consequential on the changes in relation to charging orders;

• inserting new Part 89, Attachment of Earnings, to replace CCR Order 27 and to enable the centralisation of attachment of earnings orders applications at the County Court Money Claims Centre;

• making amendments to rules 45.8, 66.6, 70.1, 70.5(2A) and (4)(b), 75.6(d) and 75.10, and omitting CCR Order 27, consequential on the introduction of new Part 89.

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, paragraph 2. 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]: 1971 c. 32. Section 14(4) was amended by S.I. 2006/1737, articles 34, 41 and there are amendments not yet in force (see the Tribunals, Courts and Enforcement Act 2007, section 91, Schedule 15, Part 1, paragraph 1, and Part 2, paragraph 13). Section 17(3) was amended by the Magistrates’ Courts Act 1980 (c. 43), section 154 and Schedule 7, paragraph 99 and the Access to Justice Act 1999, section 90 and Schedule 13, paragraphs 64 and 67, S.I. 2006/1737, articles 34 and 43 and the Crime and Courts Act 2013 section 17(5), Schedule 9, Part 2, paragraph 25(1) & (3). There are also amendments to section 17(3) not yet in force (see the Tribunals, Courts and Enforcement Act 2007, section 91 and Schedule 15, Part 1, paragraph 1, and Part 2, paragraphs 17 and 18).

[^f00003]: S.I. 1998/3132, to which there are relevant amendments in S.I. 2001/2792, 2008/3327, 2009/3390, 2013/262, 2013/1695, 2014/407, 2014/867, to which there is a relevant amendment in S.I. 2014/1233, and 2015/1569.

[^f00004]: 1979 c. 53.

[^f00005]: S.I. 1992/613.

[^f00006]: S.I. 1992/613. Amendments to paragraph 3 were made by S.I. 2004/785, regulations 2 and 7(b) and S.I. 2004/927, regulations 2 and 7(b).

[^f00007]: 1979 c.53. There are amendments to section 1 of the Charging Orders Act 1979 in the Administration of Justice Act 1982 (c. 53), sections 34(3) and 37 and Schedule 3, Part II, paragraphs 2, 3(b)(iv) and 6, the County Courts Act 1984 (c. 28) section 148(1) and Schedule 2, Part V, paragraph 71, the Tribunals, Courts and Enforcement Act 2007 (c. 15), section 93(1) & (2), the Crime and Courts Act 2013 (c. 22), section 17 and Schedule 9, Part 3, paragraph 52(1)(b) & (2) and Schedule 10, Part 2, paragraph 38 and SI 2014/605, articles 14, 15 and 16.

[^f00008]: S.I. 1992/613. There are amendments to regulation 50 in S.I. 2004/785, regulations 2 and 7 and S.I. 2004/927, regulations 2 and 7.

[^f00009]: 1979 c. 53.

[^f00010]: 1890 c. 39. Section 23 has been amended by the Crime and Courts Act 2013 (c.22), section 17(5) and Schedule 9, Part 3, paragraph 118, and there are relevant repeals in the Courts Act 1971(c. 23), section 56(4) and Schedule 11, Part II and the Statute Law (Repeals) Act 1998 (c. 43).

[^f00011]: 1971 c. 32.

[^f00012]: 1971 c. 32. There are amendments to section 14(4) in S.I. 2006/1737, articles 34 and 41(1) & (4). There are further amendments to subsection (4) that are not yet in force (see the Tribunals, Courts and Enforcement Act 2007, sections 91 and 148(5) and Schedule 15, Part 1, paragraph 1, and Part 2, paragraph (13).

[^f00013]: There are amendments to section 23(2)(c) & (f) that are not yet in force (see the Tribunals, Courts and Enforcement Act 2007, sections 91 and 148(5) and Schedule 15, Part 1, paragraph 1, and Part 2, paragraphs 19 and 22).

[^f00014]: There are amendments to section 14(1) in S.I. 2006/1737, articles 34 and 41(1) & (2). There are further amendments to subsection (1) that are not yet in force (see the Tribunals, Courts and Enforcement Act 2007, sections 91 and 148(5) and Schedule 15, Part 1, paragraph 1, and Part 2, paragraph 9).

[^f00015]: 1971 c. 32.

[^f00016]: Section 16(2) was amended by the Crime and Courts Act 2013, section 17(6) and Schedule 10, Part 2, paragraphs 20 and 29.

[^f00017]: Section 9(1) was amended by S.I. 2006/1737, articles 34 and 40.

[^f00018]: Section 9(4) was amended by S.I. 2006/1737, articles 34 and 40.

[^f00019]: 1971 c. 32.

[^f00020]: Section 4(1) was amended by the Crime and Courts Act 2013, section 17(5) and Schedule 9, Part 2, paragraph 25(1) & (3)(a) and the Insolvency Act 1976 (c. 60), section 13(2).

[^f00021]: Section 5(3) was amended by the Crime and Courts Act 2013, section 17(5) and Schedule 9, Part 2, paragraphs 25(1) & (3)(a). There are further amendments that are not yet in force (see the Tribunals, Courts and Enforcement Act 2007, section 91 and Schedule 15, Part 1, paragraph 1, and Part 2, paragraph 8).

[^f00022]: 1971 c.32. There are amendments to section 14(1) in SI 2006/1737, articles 34 and 41(1) & (2). There are further amendments to subsection (1) that are not yet in force (see the Tribunals, Courts and Enforcement Act 2007, sections 91 and 148(5) and Schedule 15, Part 1, paragraph 1, and Part 2, paragraph 9).

[^f00023]: S.I. 1998/3132. Rule 81.36 was inserted by SI 2012/2208, rules 2 and 16 and the Schedule.

[^f00024]: CCA 1984 (c. 28). Section 55(1) was amended by the Civil Procedure Act 1997, section 10 and Schedule 2, paragraph 2(2) and the Crime and Courts Act 2013, section 17(5) and Schedule 9, Part 1, paragraphs 1 and 10. Section 55(2): was amended by the Criminal Justice Act 1991, sections 17(3) and 101(1) and Schedule 4, Part I and Schedule 12, paragraph 6. Section 55(3) was amended by the Civil Procedure Act 1997, section 10 and Schedule 2, paragraph 2(2) and by the Crime and Courts Act 2013, section 17(5) and Schedule 9, Part 1, paragraphs 1 and 10(1)(b). Section 55(4) was amended by the Crime and Courts Act 2013, section 17(5), and Schedule 9, Part 1, paragraphs 1 and 10. Section 55(4A) was inserted by the Courts and Legal Services Act 1990, section 74(5), and then repealed by the Crime and Courts Act 2013, section 17(5) and Schedule 9, Part 1, paragraphs 1 and 10(12)(d).

[^f00025]: 1971 c.32. In relation to section 23(2)(f), there are amendments that are yet to come into force (see the Tribunals, Courts and Enforcement Act 2007 (c. 15), section 91 and Schedule 15, Part 1, paragraph 1, and Part 2, paragraphs 19 and 22(b)).

[^f00026]: S.I. 1998/3132. Rule 81.37 was inserted by SI 2012/2208, rules 2 and 16 and the Schedule, and was amended by S.I. 2014/867, rule 15. Rule 81.38 was inserted by SI 2012/2208, rules 2 and 16 and the Schedule.