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Notes to Accompany May 2001 23rd Supplement
Amendments to existing material are included as follows:
Rules
Part 6 | Rule 6.18 new sub paragraph inserted (defining the EC Service Regulation) Rule 6.20(18) ‘is’ inserted after ‘claim’ Rule 6.24(1) in sub-paragraph (b)(i) ‘or’; deleted sub-paragraph (b)(ii) shall stand as sub-paragraph (b)(iii); new text inserted before sub-paragraph (b)(iii) Rule 6.25 paragraph (4) at the end of sub-paragraph (b), ‘or’ inserted , in sub-paragraph (c) for ‘; or’‘.’ substituted; and sub-paragraph (b) omitted New text inserted after paragraph 4. Rule 6.26 new text inserted after paragraph 6; new text inserted after Rule 6.26 (New Rule 6.26A)
Part 12 | Rule 12.3 new paragraph inserted after the cross-reference at the end of the rule.
Part 13 | Rule 13.3 new text inserted after the cross-reference.
Part 22 | Rule 22.1 paragraph 1 in sub paragraph (c) ‘and' deleted; and at the end of sub-paragraph (d) new text inserted (containing sub-paragraph (e))
Part 39 | After rule 39.7 new paragraph 39.8 inserted.
Part 55 | New Part 55 inserted. NOTE: These rules do not come into force until 15 October 2001
Part 56 | New Part 56 inserted. NOTE: These rules do not come into force until 15 October 2001
Part 57 | New Part 57 inserted. NOTE: These rules do not come into force until 15 October 2001
Note: Where a claim form –
(a) | relates to proceedings to which Part 55, Part 56 or Part 57 would apply if it was issued on or after 15th October 2001; but
(b) | is issued before that date,
those rules shall not apply, and the rules of court in force immediately before that date shall apply as if they had not been amended or revoked
RSC Order 115 | After rule 23, heading of Section III changed to read: III: TERRORISM ACT 2000(1). Rule 24 para (a) –‘Prevention of Terrorism ... Act 1989’ replaced with ‘Terrorism Act 2000’. At the end of para (b), ‘and’ deleted. After para (b) new para (ba) inserted. At the beginning of para (c), ‘other’ inserted; In para(c), ‘Part III of, and Schedule 4 to’ substituted for ‘Schedule 4 to'. In rule 26(1), ‘paragraphs 3 & 4’ replaced with ‘paragraph 5’. In rule 26(2), ‘Part III’ replaced with ‘any of sections 15 to 18’. In rule 27(2), new text inserted. In rule 29, ‘para 7 of Schedule 4’ replaced with ‘paragraph 9 or 10 of Schedule 4’ and ‘‘the relevant authority under para 7(5) replaced with 'the person or body by whom compensation, if ordered, will be payable under paragraph 9(6) or 10(4)’. In rule 32(1), ‘Crown Office’ replaced with ‘Administrative Court’. In rule 35(3) ‘para 5 or 6‘ replaced with ‘para 7 or 8’ and para 9(6) replaced with para 13(6).
CCR Order 48B | Title replaced with ‘Enforcement of traffic penalties’ ‘parking enforcement centre’, wherever it appears, replaced with ‘traffic enforcement centre’ In rule 1(1), sub-para (a) ‘and’ deleted and At the end of sub-para (b) new paragraph (c) inserted Rule 1(2), definition of ‘order’ and ‘relevant period’ replaced Rule 1(2) in the definition of ‘specified debts’, ‘Part II’ deleted Rule 1(2) in the definition of ‘statutory declaration’ new text inserted and ‘and’ deleted At the end of the definition of ‘the 1991 Act’ ‘and inserted; ‘the 1996 Act means the London Local Authorities Act 1996’ In sub-para (a) of rule 1(4), after ‘London authority’, new text inserted In sub-para (c) of rule 2(3) ‘the parking attendant who issued the penalty charge notice believed’ replaced with ‘it is claimed that’ In rule 4, para (1), after ‘the 1991 Act’, ‘and paras 10(4) and (5)(d) of Schedule 1 to the 1996 Act’ inserted and In para (2), after ‘the 1991 Act’, ‘or para 10(4) of the Schedule 1 to the 1996 Act’ inserted. In rule 5(7) new text inserted after ‘Schedule 6 to the 1991 Act, and in sub-paragraph (c).
CCR Order 48D | ‘parking enforcement centre’, wherever it occurs, replaced with ‘traffic enforcement centre’. In rule 1(2), in the definition of ‘specified debts’, ‘Part II’ deleted.
Practice Directions
Before Part 1 | New note on practice directions inserted immediately before Part 1.
Part 2B | Paragraph 8.3 reference (in error) to section 18 (of the County Courts Act) amended to section 118.
Part 6B | New text inserted before existing para 1.1 ‘Republic of Ireland’ deleted from title of para 3.1 EU Service Regulation appended to Practice Direction
Part 7C | New para 1.3(2)(e) substituted for existing para New para 5.2(4) subsituted for existing para.
Part 33 | New Practice Direction inserted on ‘Land Registration Act’
Part 39B | New Practice Direction on ‘Court Sittings in 2002’ inserted
Part 39C | New Practice Direction inserted on ‘Claims under the Race Relations Act 1976 (National Security)
Part 44 | Para. 17.5 ‘court officer’ amended to ‘costs officer’
Part 49G | New para 2.1A inserted after para 2.1 New para 10.3A inserted after para 10.3 New para 12 substituted for existing para
Part 55 | New practice direction inserted on Housing Possession Note: this PD does not come into force until 15 October 2001
Part 56 | New practice direction inserted on Housing (Landlord & Tenant) Note: this PD does not come into force until 15 October 2001
Part 57 | New practice direction inserted on Probate Note: this PD does not come into force until 15 October 2001
Note: Where a claim form –
(a) | relates to proceedings to which Part 55, Part 56 or Part 57 would apply if it was issued on or after 15th October 2001; but
(b) | is issued before that date,
those rules shall not apply, and the rules of court in force immediately before that date shall apply as if they had not been amended or revoked
CCR Order 48B | Existing Practice Direction replaced with amended version
Other Practice Directions
Insolvency Proceedings | New sub-para 15.10 inserted after 15.9
Director's Disqualification | Error in para 11.6 ‘Register’ amended to ‘Registrar’ 2 new forms inserted at the end.
Pre-Action Protocols
Clinical Disputes | Job title address and telephone number of Dr Alastair Scotland amended
Professional Negligence | New protocol added at end of existing protocols
Protocols Practice Direction | Reference to new Professional Negligence protocol inserted in table at para 5.1
Forms
The following is a list of new or revised forms included with this edition but which will not come into force until 15 October 2001
N206B | Notice of issue (possession claim) a new form which does not replace the N206.
N5 | Claim form for possession of property – a new single claim form to be used for starting a claim in all possession cases, except forfeiture
N5A | Claim form for relief against forfeiture – new form
N7 | Notes for defendant (mortgaged residential premises)
N7A | Notes for defendant (rented residential premises)
N7B | Notes for defendant (forfeiture of the lease)
N119 | Particulars of claim (rented residential premises) – revised version of existing form
N120 | Particulars of claim (mortgaged residential premises) – revised version of existing form
N121 | Particulars of claim (trespassers) – new form
N119A | Notes for guidance on completing particulars of claim (rented residential premises)
N11 | Form of defence (Part 55 claims) – revised version of existing form
N11R | Form of defence (rented residential premises) – revised version of existing form
N11M | Form of defence (mortgaged residential premises) – revised version of existing form
N206A | Notice of issue – revised version of existing form
N5B | Claim form for possession (accelerated procedure) – revised version of existing form
N5C | Notes for the claimant (APP)
N11B | Defence Form (APP) – revised version of existing form
COUNTY COURT FORMS WHICH BECOME OBSOLETE FROM 15 OCTOBER
N8 | Notice to the respondent
N8(1) | Notice to respondent when a matter will be heard under Order 24
N8(2) | Notice to respondent in an application under Section 53 of the Landlord and Tenant Act 1954
N8(4) | Notice to respondent in an application under Section 17 or 18 of the Leasehold Reform Act 1967
N27(1) | Judgment for claimant (forfeiture) order refused under the Rent Acts
N29 | Order for possession (mortgage possession)
N36 | Order for possession (under Order 24)
N220 | Request for the service of a possession summons on the defendant's representative
N220(1) | Notice to the representative of a defendant in an action for the recovery of land
N229 | Notice of admission in a possession action
N291 | Judgment for a defendant in action for the recovery of land
N312 (now N208–N210) | Originating application for determining the right to possession (Landlord and Tenant Act 1927)
N394 | Originating application for determining the right to compensation (Landlord and Tenant Act 1927)
N395 | Originating application of a certificate or determination of a question other than compensation (Landlord and Tenant Act 1927)
N396 | Originating application for statutory tenancy under Part I of LTA 1954
N397 | Originating application for new tenancy under Part II of LTA 1954
N398 | Order on application for certificate as to improvement (LTA 1954)
N399 | Final Order (LTA 1954)
N400 | Answer to originating application for new tenancy under Part 1 LTA 1954
N401 | Answer to originating application for new tenancy under Part II LTA 1954
N402 | Order substituting date in landlord's notice or tenant's request
N403 | Application for certificate of ground for refusing new tenancy
N404 | Certificate of ground for refusing new tenancy
N404(1) | Order authorising agreement excluding act
N405 | Notice of proceedings
N406 | Notice of day on which special case will be heard (Agricultural Holdings Act 1986)
N407 | Order on hearing of special case
N425 | Notice to repair
N426 | Notice of proceedings
HIGH COURT FORMS WHICH BECOME OBSOLETE FROM 15 OCTOBER
No 42 | Default judgment in an action for the possession of land
No 42A | Order for possession under Order 113
No 11A | Originating summons for possession under Order 113
PF5 | Order as to service in an action for possession
PF9 | Summons for judgment for possession
PF79 | Judgment in default in an action for the possession of land
PF91 | Form of affidavit in support of an application to enforce a judgment for possession.
Coming into Force
Rules
The above rule changes come into force on 31 May 2001, with the following exceptions: Amendments to CCR Order 48B and CCR Order 48D on 1 June 2001 Parts 55, 56 & 57 on 15 October 2001
Practice directions
The above practice direction changes come into force on 31 May 2001 with the following exceptions: Amendment to PD 48B on 1 June 2001 New PDs for Parts 55,56 & 57 on 15 October 2001
Forms
All Forms relating to new Part 55 come into force on 15 October 2001. It is not proposed to produce additional forms in respect of Part 56.

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