The Civil Procedure (Amendment No. 4) Rules 2014

Amendments to the Civil Procedure Rules 1998

This section has no associated Explanatory Memorandum

22.  In CCR Order 39—

(a)in the table of contents to the Order, in the entry for rule 1, omit “by district judge”;

(b)in rule 1—

(i)in the heading to the rule, omit “by district judge”; and

(ii)for “the district judge”, substitute “a judge of the County Court”;

(c)in rule 2—

(i)in paragraph (1), for “in the court for the district in which he” substitute “at the County Court hearing centre which serves the address where the debtor”;

(ii)in paragraph (2)—

(aa)omit “his” in each place;

(bb)for “which he owes” substitute “owed”; and

(cc)before “resources and needs” insert “the debtor’s”;

(d)in rule 5—

(i)in paragraph (2), for “he” substitute “the court officer”

(ii)in paragraph (2)(a)—

(aa)for “him” in the first place it appears, substitute “the debtor”;

(bb)omit “he may have”; and

(cc)for “notification upon him” substitute “that notification”;

(iii)in paragraph (2)(c)—

(aa)for “he” substitute “the creditor”; and

(bb)for “him” substitute “the creditor”;

(iv)in paragraph (4), for “district judge” substitute “court”;

(v)in paragraph (5)—

(aa)for “he”, in the first place it appears, substitute “the court officer”; and

(bb)for the words “he shall refer” to the end substitute “the request shall be referred to the court”;

(vi)in paragraph (6)—

(aa)for “district judge considers that he is” substitute “the court considers that it is”;

(bb)omit “he may fix”; and

(cc)before “in full or to such” insert “may be fixed”; and

(vii)in paragraph (8)—

(aa)for “district judge”, in each place, substitute “court”; and

(bb)for “he shall” substitute “it will”;

(e)in rule 6—

(i)in paragraph (1)—

(aa)for “his” substitute “that”; and

(bb)for “he objects” substitute “the objection is made”; and

(ii)in paragraph (2), for “he has given notice of his” substitute “that creditor has given notice of the”;

(f)in rule 7—

(i)in paragraph (a)—

(aa)omit “he is”; and

(bb)for “his” omit “their”; and

(ii)in paragraph (c), for “his” substitute “that”;

(g)in rule 9—

(i)in paragraph (c), for “his” substitute “their”; and

(ii)in paragraph (d) for “district judge” substitute “court”;

(h)in rule 10—

(i)in paragraph (1), for “his” substitute “that”; and

(ii)in paragraph (3), for “his” substitute “the creditor”;

(i)in rule 11—

(i)in paragraph (1)—

(aa)for “he” substitute “that creditor”;

(bb)for “his”, in the first place it appears, substitute “that”; and

(cc)for “his”, in the second place it appears, substitute “the”; and

(ii)in paragraph (2), for “he objects” substitute “they object”;

(j)in rule 13A—

(i)in paragraph (1)—

(aa)for “his”, in the first place it appears, substitute “the court officer’s”;

(bb)in subparagraphs (a) and (b), for “him”, in each place, substitute “the debtor”; and

(cc)in subparagraph (b)(ii), for “his” substitute “the”;

(ii)in paragraph (3)—

(aa)for the words “The court officer shall refer” to “district judge who may” substitute “If a debtor gives notice under paragraph (1)(b)(ii), (iii) or (iv), the court may—”; and

(bb)in subparagraph (a)(ii), for “he” substitute “it”;

(iii)in paragraph (4)—

(aa)for “him” substitute “them”;

(bb)for “his” substitute “their”;

(cc)for “district judge”, in the first place it appears, substitute “court”; and

(dd)omit “before the district judge”; and

(iv)in paragraph (5)—

(aa)for “district judge” substitute “court”; and

(bb)for “he” substitute “it”; and

(k)in rule 19(1)—

(i)omit “his” in the first place it appears; and

(ii)for “his”, in the second place it appears, substitute “their”.