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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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23 provisions
Title and introductory text
2023 No. 1397 (L. 11)
Senior Courts Of England And Wales
County Court, England And Wales
The Civil Procedure (Amendment No. 4) Rules 2023
Approved by both Houses of Parliament
Made
14th December 2023
Laid before Parliament
18th December 2023
Coming into force
20th December 2023
The Lord Chancellor makes the following Rules in exercise of the power conferred by paragraph 7 of Schedule 10 to the National Security Act 2023 (“Schedule 10”) to make rules of court under section 1 of the Civil Procedure Act 1997 and paragraphs 2 to 4 and 6 of Schedule 10.
Before making these Rules, the Lord Chancellor has consulted with the Lady Chief Justice of England and Wales in accordance with paragraph 7(2)(a) of Schedule 10.
Propose a change1 Citation and commencement
These Rules may be cited as the Civil Procedure (Amendment No. 4) Rules 2023 and come into force on 20th December 2023.
Propose a change2 Interpretation
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.
Propose a change3 Amendments to the Civil Procedure Rules 1998
The Civil Procedure Rules 1998 are amended in accordance with rules 4 to 22 of these Rules.
Propose a change4 Amendment of the heading to Part 80
In the heading to Part 80, at the end insert “and Part 2 of the National Security Act 2023”.
Propose a change5 Amendment of the Table of Contents to Part 80
In the Table of Contents to Part 80—
(a) in the entry for Section 2 of the Part, at the end insert “AND PART 2 NOTICES”; and
(b) in the entry for rule 80.7, for “Act” substitute “TPIM Act or section 53 of the National Security Act”.
Propose a change6 Amendment of rule 80.1
In rule 80.1—
(a) in paragraph (1)(a), after “proceedings” insert “and relevant proceedings”;
(b) in paragraph (2), for “Act” substitute “TPIM Act or section 53(2) of the National Security Act”;
(c) in paragraph (3)—
(i) in sub-paragraph (a)—
(aa) for “the Act” substitute “the TPIM Act”; and
(bb) after “2011” insert “and “the National Security Act” means the National Security Act 2023”;
(ii) in sub-paragraph (c)—
(aa) for “Act” substitute “TPIM Act”; and
(bb) after “TPIM notice” insert “, or (as the case may be) section 41(2) of the National Security Act extending a Part 2 notice”;
(iii) in sub-paragraph (d), for “Act” substitute “TPIM Act or (as the case may be) of Schedule 10 to the National Security Act”;
(iv) in sub-paragraph (e), for “Act)” substitute “TPIM Act) or (as the case may be) prevention and investigation measures (which has the same meaning as in section 39(2) of the National Security Act)”;
(v) after sub-paragraph (f) insert—
(fa) “Part 2 notice” has the same meaning as in section 39(1) of the National Security Act;
(fb) “Part 2 subject” means an individual on whom the Secretary of State has imposed, or is proposing to impose, measures by means of a Part 2 notice;
;
(vi) in sub-paragraph (g), for “Act” substitute “TPIM Act or (as the case may be) of Schedule 10 to the National Security Act”;
(vii) after sub-paragraph (h) insert—
(ha) “relevant proceedings” has the same meaning as in section 62(1) of the National Security Act;
;
(viii) in sub-paragraph (i)—
(aa) before “Act” insert “TPIM”; and
(bb) after “TPIM notice” insert “, or (as the case may be) under section 49(6) of the National Security Act, reviving a Part 2 notice”;
(ix) in sub-paragraph (j), for “Act” substitute “TPIM Act or of Schedule 10 to the National Security Act”;
(x) in sub-paragraphs (k) and (l), before “Act” insert “TPIM”; and
(xi) in sub-paragraph (n)—
(aa) before “Act” insert “TPIM”; and
(bb) after “consent” insert “, or (as the case may be) under section 48(1)(c) of the National Security Act, varying the Part 2 notice without the individual’s consent”.
Propose a change7 Amendment of the heading to Section 2 of Part 80
In the heading to Section 2 of Part 80, at the end insert “AND PART 2 NOTICES”.
Propose a change8 Amendment of rule 80.3
In rule 80.3—
(a) in paragraph (a), for “Act” substitute “TPIM Act or section 42(1)(b) of the National Security Act”;
(b) in paragraph (b), for “Act” substitute “TPIM Act or of Schedule 8 to the National Security Act”; and
(c) in paragraph (c)—
(i) before “Act” insert “TPIM”; and
(ii) at the end insert “or section 52 of the National Security Act (appeals relating to a Part 2 notice)”.
Propose a change9 Amendment of rule 80.4
In rule 80.4—
(a) in the opening words, for “Act” substitute “TPIM Act or section 42(1)(b) of the National Security Act”; and
(b) in paragraph (d), after “TPIM” insert “or Part 2”.
Propose a change10 Amendment of rule 80.5
In rule 80.5—
(a) in the opening words, for “Act” substitute “TPIM Act or of Schedule 8 to the National Security Act“;
(b) in paragraph (a), at the end insert “or Part 2 notice”; and
(c) in paragraph (d), at the end insert “or Part 2 notice”.
Propose a change11 Amendment of rule 80.6
In rule 80.6—
(a) for paragraphs (1) to (3) substitute—
(1) If the court gives permission on an application under section 6(1)(b) of the TPIM Act or section 42(1)(b) of the National Security Act, or confirms a TPIM notice on a reference under paragraph 3(1) of Schedule 2 to the TPIM Act or a Part 2 notice on a reference under paragraph 3(1) of Schedule 8 to the National Security Act, the court must give directions for a directions hearing at which the TPIM subject or Part 2 subject, the TPIM subject’s or Part 2 subject’s legal representative, the special advocate (if one has been appointed) and the Secretary of State’s legal representative may be present.
(2) In a case where permission is given (following an application under section 6(1)(b) of the TPIM Act or section 42(1)(b) of the National Security Act), the date to be fixed for the directions hearing must, unless the court otherwise directs, be no later than 7 days after the date on which the TPIM notice is served on the TPIM subject or the Part 2 notice is served on the Part 2 subject.
(3) In a case where the TPIM notice or Part 2 notice is confirmed (following a reference under paragraph 3(1) of Schedule 2 to the TPIM Act or paragraph 3(1) of Schedule 8 to the National Security Act), the date to be fixed for the directions hearing must, unless the court otherwise directs, be no later than 7 days after the date on which the court confirms the TPIM notice or Part 2 notice.
; and
(b) in paragraph (4)(a), for “Act” substitute “TPIM Act or (as the case may be) section 45(1) of the National Security Act”.
Propose a change12 Amendment of rule 80.7
In rule 80.7—
(a) in the heading, for “Act” substitute “TPIM Act or section 52 of the National Security Act”; and
(b) after “notice)” insert “or section 52 of the National Security Act (appeals relating to a Part 2 notice)”.
Propose a change13 Amendment of rule 80.8
In rule 80.8—
(a) in paragraph (1), for “Act” substitute “TPIM Act or section 52 of the National Security Act”; and
(b) in paragraph (2), for “Act” substitute “TPIM Act or section 52 of the National Security Act”.
Propose a change14 Amendment of rule 80.9
In rule 80.9—
(a) in paragraph (1), after “TPIM” insert “or Part 2”;
(b) in paragraph (2), after “TPIM” in both places where it occurs insert “or Part 2”;
(c) in paragraph (3), after “TPIM” insert “or Part 2”; and
(d) in paragraph (4), after “TPIM” in the five places where it occurs insert “or Part 2”.
Propose a change15 Amendment of rule 80.10
In rule 80.10—
(a) in paragraph (1), after “TPIM” in the four places where it occurs insert “or Part 2”; and
(b) in paragraph (2), after “TPIM” in the four places where it occurs insert “or Part 2”.
Propose a change16 Amendment of rule 80.11
In rule 80.11(b), after “TPIM” insert “or Part 2”.
Propose a change17 Amendment of rule 80.12
In rule 80.12(1), after “TPIM proceedings” insert “or relevant proceedings”.
Propose a change18 Amendment of rule 80.13
In rule 80.13(a), after “TPIM proceedings” insert “or relevant proceedings”.
Propose a change19 Amendment of rule 80.14
In rule 80.14(1), after “TPIM proceedings” insert “or relevant proceedings”.
Propose a change20 Amendment of rule 80.15
In rule 80.15—
(a) in paragraph (1), after “TPIM” in both places where it occurs insert “or Part 2”;
(b) in paragraph (2), after “TPIM proceedings” insert “or relevant proceedings”; and
(c) in paragraph (4)—
(i) after “TPIM” insert “or Part 2”; and
(ii) for “Act” substitute “TPIM Act or of Schedule 10 to the National Security Act.”.
Propose a change21 Amendment of rule 80.17
In rule 80.17—
(a) in paragraph (1)—
(i) in sub-paragraph (a), for “Act” substitute “TPIM Act or section 45(1) of the National Security Act”; and
(ii) in sub-paragraph (b)—
(aa) before “Act” insert “TPIM”; and
(bb) after “notice)” insert “or section 52 of the National Security Act (appeals relating to a Part 2 notice)”;
(b) in paragraph (2), for “Act” substitute “TPIM Act or section 45(3) of the National Security Act”; and
(c) in paragraph (3), after “TPIM” in the four places where it occurs insert “or Part 2”.
Propose a change22 Amendment of rule 80.19
In rule 80.19(1)—
(a) for “Schedule 4 to the Act” substitute “Schedule 4 to the TPIM Act and of Schedule 10 to the National Security Act”;
(b) in sub-paragraph (a), for “section 6(1)(b) of the Act” substitute “section 6(1)(b) of the TPIM Act or section 42(1)(b) of the National Security Act”; and
(c) in sub-paragraph (b), for “Schedule 2 to the Act” substitute “Schedule 2 to the TPIM Act or paragraph 3(1) of Schedule 8 to the National Security Act”.
Propose a change