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Civil Procedure Act 1997
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- UK Public General Acts
- 1997 c. 12
- SCHEDULE 1
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Changes over time for: SCHEDULE 1
Version Superseded: 22/04/2014
Alternative versions:
- 27/04/1997- Amendment
- 27/04/1997
Point in time - 22/04/2014- Amendment
- 06/04/2020- Amendment
Status:
Point in time view as at 27/04/1997.
Changes to legislation:
Civil Procedure Act 1997, SCHEDULE 1 is up to date with all changes known to be in force on or before 30 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
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Section 1.
SCHEDULE 1E+W Civil Procedure Rules
Modifications etc. (not altering text)
C1Sch. 1: power to make rules of court extended (25.3.2002) by 1979 c. 53, s. 5(2) (as substituted 25.3.2002 by S.I. 2002/439, art. 5(a))
Matters dealt with by the former rulesE+W
1E+WAmong the matters which Civil Procedure Rules may be made about are any matters which were governed by the former Rules of the Supreme Court or the former county court rules (that is, the M1Rules of the Supreme Court (Revision) 1965 and the M2County Court Rules 1981).
Exercise of jurisdictionE+W
2E+WCivil Procedure Rules may provide for the exercise of the jurisdiction of any court within the scope of the rules by officers or other staff of the court.
Removal of proceedingsE+W
3(1)Civil Procedure Rules may provide for the removal of proceedings at any stage—E+W
(a)within the High Court (for example, between different divisions or different district registries), or
(b)between county courts.
(2)In sub-paragraph (1)—
(a)“provide for the removal of proceedings” means—
(i)provide for transfer of proceedings, or
(ii)provide for any jurisdiction in any proceedings to be exercised (whether concurrently or not) elsewhere within the High Court or, as the case may be, by another county court without the proceedings being transferred, and
(b)“proceedings” includes any part of proceedings.
EvidenceE+W
4E+WCivil Procedure Rules may modify the rules of evidence as they apply to proceedings in any court within the scope of the rules.
Application of other rulesE+W
5(1)Civil Procedure Rules may apply any rules of court which relate to a court which is outside the scope of Civil Procedure Rules.E+W
(2)Any rules of court, not made by the Civil Procedure Rule Committee, which apply to proceedings of a particular kind in a court within the scope of Civil Procedure Rules may be applied by Civil Procedure Rules to other proceedings in such a court.
(3)In this paragraph “rules of court” includes any provision governing the practice and procedure of a court which is made by or under an enactment.
(4)Where Civil Procedure Rules may be made by applying other rules, the other rules may be applied—
(a)to any extent,
(b)with or without modification, and
(c)as amended from time to time.
Practice directionsE+W
6E+WCivil Procedure Rules may, instead of providing for any matter, refer to provision made or to be made about that matter by directions.
Different provision for different cases etc.E+W
7E+WThe power to make Civil Procedure Rules includes power to make different provision for different cases or different areas, including different provision—
(a)for a specific court or specific division of a court, or
(b)for specific proceedings, or a specific jurisdiction,
specified in the rules.
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