Statutory Instruments
SUPREME COURT OF ENGLAND AND WALES
Made
12th May 1999
Laid before Parliament
13th May 1999
Coming into force
7th June 1999
We, the Civil Procedure Rule Committee, being the authority having for the time being the power to make rules of court for the Supreme Court, in exercise of the power conferred on us by sections 136, 182 and 185 of the Representation of the People Act 1983(1) make the following rules:-“
1.-(1) These Rules may be cited as the Election Petition (Amendment) Rules 1999 and shall come into force on 7th June 1999.
(2) In these Rules, unless the context otherwise requires, a rule referred to by number alone means the rule so numbered in the Election Petition Rules 1960(2).
2. In rule 2(4):-“
(a)omit ", including the rules relating to the discovery and inspection of documents and the delivery of interrogatories."; and
(b)for "action", substitute "claim".
3. In rule 5(1) for "ex parte by summons", substitute "without notice being served on any Respondent within the meaning of Rule 6".
4. In rule 6(2):-“
(a)for "writ of summons", substitute "claim form"; and
(b)for "an affidavit of service", substitute "a certificate of service".
5. In rule 7:
(a)in paragraph (1), for "a summons", substitute "an application notice"; and
(b)in paragraph (2):-“
(i)for "summons", substitute "application"; and
(ii)omit "in chambers".
6. In rule 9(1), for "summons", substitute "application notice".
7. In rule 11, for "motion", substitute "application notice".
8. In rule 12:-“
(a)in paragraph (1), for "motion", substitute "application notice";
(b)in paragraph (2):-“
(i)in sub-paragraph (a), for "notice of motion", substitute "the application notice";
(ii)in sub-paragraph (b), for "motion", substitute "application";
(c)in paragraph (3), for "notice of motion", substitute "application notice"; and
(d)in paragraph (4), before "notice", insert "application".
9. In rule 13:-“
(a)in paragraph (1), for "motion", substitute "application notice"; and
(b)in paragraph (2), for "notice of motion", substitute "the application notice".
10. In rule 14(2), for "motion", substitute "application notice".
11. In rule 16(3), for "motion", substitute "application notice".
12. In rule 19(1):-“
(a)for "the provisions of Order 3 of the Rules of the Supreme Court", substitute "rules 2.8 to 2.11 of the Civil Procedure Rules 1998(3)"; and
(b)for "Rules of the Supreme Court", substitute "Civil Procedure Rules".
Woolf M.R.
Richard Scott V-C
Anthony May L.J.
John Leslie
Richard Holman
Godfrey Gypps
Olivia Morrison-Lyons
Harriet Kimbell
Peter Haworth
Peter Watson
David Foskett
Nicholas Chambers
I allow these Rules which shall come into force on 7th June 1999
Irvine of Lairg, C.
12th May 1999
(This note is not part of the Order)
These Rules make amendments to the Election Petition Rules 1960 consequent upon the implementation of the Civil Procedure Rules 1998.