The Civil Procedure (Amendment No. 2) Rules 2019

Made: 26th June 2019

Laid before Parliament: 28th June 2019

Coming into force: 31st July 2019

The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997[^f00001] (“the CPA”) to make rules of court under section 1 of the CPA and section 20(1) and (5) of the Guardianship (Missing Persons) Act 2017[^f00002], after consulting in accordance with section 2(6)(a) of the CPA, makes the following Rules.

Citation, commencement and interpretation

1

• (1) These Rules may be cited as the Civil Procedure (Amendment No. 2) Rules 2019 and come into force on 31st July 2019.

• (2) 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 Part 57 of the Civil Procedure Rules 1998

2

Part 57 of the Civil Procedure Rules 1998 is amended as follows.

3

For the title to the Part, substitute “PROBATE, INHERITANCE, PRESUMPTION OF DEATH AND GUARDIANSHIP OF MISSING PERSONS”.

4

In the table of contents, at the end, insert—

5

In rule 57.1(1)—

• (a) in sub-paragraph (d), omit “and”;

• (b) in sub-paragraph (e), for “.” substitute “; and”;

• (c) after sub-paragraph (e) insert—

(f) proceedings under the Guardianship (Missing Persons) Act 2017.

6

After rule 57.23, insert—

(57.24) Where a declaration of presumed death made under the 2013 Act satisfies section 3(3)(a) or (b) of that Act, the court must send a copy of the declaration to the Public Guardian.

7

After rule 57.24 as inserted by rule 6 of these Rules, insert Section VI (Proceedings under the Guardianship (Missing Persons) Act 2017), containing rules 57.25 to 57.33, as set out in the Schedule to these Rules.

SCHEDULE

Signed

The Right Honourable Sir Terence Etherton, MR — Lord Justice Coulson — Mr Justice Birss — His Honour Judge Milwyn Jarman — District Judge Michael Hoyington — District Judge Christopher Letham — Dr Anja Lansbergen-Mills — John McQater — Andrew Underwood — Master Cook

I allow these Rules

Signed by authority of the Lord Chancellor

Paul Maynard — Parliamentary Under-Secretary of State for Justice — Ministry of Justice — 26th June 2019

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend Part 57 of the Civil Procedure Rules 1998 (S.I. 1998/3132) to provide for the procedure for claims and applications under the Guardianship (Missing Persons) Act 2017 (c. 27) (“the Act”).

Rules 2 to 6 amend the existing Part 57 by—

• updating the title, table of contents and scope by adding reference to the Act and relevant rules created for proceedings brought under it; and

• introducing a requirement that the court send to the Public Guardian a copy of a declaration of presumed death made under the Presumption of Death Act 2013 (c. 13).

Rule 7 inserts a new Section VI (Proceedings under the Guardianship (Missing Persons) Act 2017) at the end of Part 57. Section VI contains rules for—

• the procedural requirements to initiate claims for and applications relating to guardianship orders made under the Act, including that proceedings must be brought in either the Chancery Division or the Family Division of the High Court;

• the notice and advertisement requirements for claims and applications under the Act;

• the procedure for intervening in proceedings under the Act;

• the requirement that the court send a copy of all orders made in proceedings under the Act to the Public Guardian; and

• the effect of the death or likely death of the missing person on proceedings under the Act.

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]: 2017 c. 27.

[^f00003]: S.I. 1998/3132. There are relevant amendments in S.I. 2001/1388, S.I. 2002/2058, S.I. 2014/407, and S.I. 2014/2044.

[^f00004]: S.I. 2010/2955. There are amendments to this instrument but none is relevant.