Civil Procedure Act 1997 (c. 12)

(1) There are to be rules of court (to be called “ Civil Procedure Rules ”) governing the practice and procedure to be followed in— (a) the civil division of the Court of Appeal, (b) the High Court [ F1 except in relation to its jurisdiction under the Extradition Act 2003 ] , and (c) [ F2 the county court ] . (2) Schedule 1 (which makes further provision about the extent of the power to make Civil Procedure Rules) is to have effect. (3) The power to make Civil Procedure Rules is to be exercised with a view to securing that the civil justice system is accessible, fair and efficient. Textual Amendments F1 Words in s. 1(1)(b) inserted (6.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) , ss. 174(2) , 185(1) (with ss. 21 , 33 , 42 , 58 , 75 , 93 ); S.I. 2014/2454 , art. 4 F2 Words in s. 1(1)(c) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 9 para. 67(a) ; S.I. 2014/954 , art. 2(c) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11) Modifications etc. (not altering text) C1 S. 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) ) (1) The Lord Chancellor may by order— [ F4 (a) amend section 2(2), (3) or (4), and ] (b) make consequential amendments in any other provision of section 2. [ F5 (2) The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice. (2A) Before making an order under this section the Lord Chancellor must consult the following persons— (a) the Head of Civil Justice; (b) the Deputy Head of Civil Justice (if there is one). (2B) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. ] (3) The power to make an order under this section is exercisable by statutory instrument. (4) A statutory instrument containing such an order is subject to annulment in pursuance of a resolution of either House of Parliament. ] Textual Amendments F3 S. 2A inserted (26.1.2004) by Courts Act 2003 (c. 39) , ss. 84 , 110(1) ; S.I. 2003/3345 , art. 2(b)(ix) F4 S. 2A(1)(a) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4) , ss. 15 , 148(1) , Sch. 4 para. 264(2) ; S.I. 2006/1014 , art. 2(a) , Sch. 1 para. 11(v) F5 S. 2A(2)(2A)(2B) substituted (3.4.2006) for s. 2A(2) by Constitutional Reform Act 2005 (c. 4) , ss. 15 , 148(1) , Sch. 4 para. 264(3) ; S.I. 2006/1014 , art. 2(a) , Sch. 1 para. 11(v)

[ F6 (1) Civil Procedure Rules are to be made by a committee known as the Civil Procedure Rule Committee, which is to consist of the following persons— (a) the Head of Civil Justice; (b) the Deputy Head of Civil Justice (if there is one); (c) the persons currently appointed in accordance with subsections (1A) and (1B). (1A) The Lord Chief Justice must appoint the persons falling within paragraphs (a) to (d) of subsection (2). (1B) The Lord Chancellor must appoint the persons falling within paragraphs (e) to (g) of subsection (2). ] (2) [ F7 The persons to be appointed in accordance with subsections (1A) and (1B) are ] [ F8 (a) either two or three judges of the [ F9 Senior Courts ] , ] (b) one Circuit judge, [ F10 (c) either one or two district judges ] [ F11 (ca) one person who is a judge of the Senior Courts, a Circuit judge or a district judge and who has particular experience of the law applicable in Wales, ] (d) one person who is a Master referred to in Part II of Schedule 2 to the M1 [ F12 Senior Courts Act 1981 ] , (e) three persons who have a [ F9 Senior Courts ] qualification (within the meaning of section 71 of the M2 Courts and Legal Services Act 1990), including at least one with particular experience of practice in [ F13 the county court ] , (f) three persons who have been [ F14 authorised by a relevant approved regulator ] to conduct litigation in relation to all proceedings in the [ F9 Senior Courts ] , including at least one with particular experience of practice in [ F13 the county court ] , [ F15 and (g) two persons with experience in and knowledge of the lay advice sector or consumer affairs. ] [ F16 (2A) In subsection (2)(f) “ relevant approved regulator ” is to be construed in accordance with section 20(3) of the Legal Services Act 2007. ] [ F17 (3) Before appointing a person in accordance with subsection (1A), the Lord Chief Justice must consult the Lord Chancellor. ] (4) Before appointing a person [ F18 in accordance with subsection (1B), the Lord Chancellor must consult the Lord Chief Justice and, if the person falls within paragraph (e) or (f) of subsection (2), must also consult ] any body which— (a) has members who are eligible for appointment under that paragraph, and (b) is an authorised body for the purposes of section 27 or 28 of the Courts and Legal Services Act 1990. (5) The Lord Chancellor may reimburse the members of the Civil Procedure Rule Committee their travelling and out-of-pocket expenses. (6) The Civil Procedure Rule Committee must, before making or amending Civil Procedure Rules— (a) consult such persons as they consider appropriate, and (b) meet (unless it is inexpedient to do so). (7) The Civil Procedure Rule Committee must, when making Civil Procedure Rules, try to make rules which are both simple and simply expressed. (8) Rules made by the Civil Procedure Rule Committee must be signed by at least eight members of the Committee and be submitted to the Lord Chancellor, who may allow or disallow them. [ F19 (9) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. ] [ F20 (9) If the Lord Chancellor disallows rules under subsection (8), he must give the Civil Procedure Rule Committee written reasons for doing so. ] Textual Amendments F6 S. 2(1)(1A)(1B) substituted (3.4.2006) for s. 2(1) by Constitutional Reform Act 2005 (c. 4) , ss. 15 , 148(1) , Sch. 4 para. 263(2) ; S.I. 2006/1014 , art. 2(a) , Sch. 1 para. 11(v) F7 Words in s. 2(2) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4) , ss. 15 , 148(1) , Sch. 4 para. 263(3) ; S.I. 2006/1014 , art. 2(a) , Sch. 1 para. 11(v) F8 S. 2(2)(a) substituted (26.1.2004) by Courts Act 2003 (c. 39) , ss. 83(2) , 110(1) ; S.I. 2003/3345 , art. 2(b)(viii) F9 Words in s. 2(2)(a)(e)(f) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4) , ss. 59(5) , 148(1) , Sch. 11 para. 4 ; S.I. 2009/ 1604, {art. 2(d)} F10 Words in s. 2(2)(c) substituted (1.9.2006) by The Civil Procedure Act 1997 (Amendment) Order 2006 (S.I. 2006/1847) , art. 2 F11 S. 2(2)(ca) inserted (19.12.2017) by The Civil Procedure Act 1997 (Amendment) Order 2017 (S.I. 2017/1148) , arts. 1 , 2 F12 Words in s. 2(2)(d) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4) , ss. 59(5) , 148(1) , Sch. 11 para. 1(2) ; S.I. 2009/ 1604, {art. 2(d)} F13 Words in s. 2(2)(e)(f) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 9 para. 67(a) ; S.I. 2014/954 , art. 2(c) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11); S.I. 2014/954 , art. 2(c) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11) F14 Words in s. 2(2)(f) substituted (1.1.2010) by Legal Services Act 2007 (c. 29) , ss. 208(1) , 211(2) , Sch. 21 para. 122(a) (with ss. 29 , 192 , 193 ); S.I. 2009/ 3250, {art. 2(h)} (with arts. 6, 9) F15 S. 2(2)(g) and word substituted (26.1.2004) for s. 2(2)(g)(h) and word by Courts Act 2003 (c. 39) , ss. 83(3) , 110(1) ; S.I. 2003/3345 , art. 2(b)(viii) F16 S. 2(2A) inserted (1.1.2010) by Legal Services Act 2007 (c. 29) , ss. 208(1) , 211(2) , Sch. 21 para. 122(b) (with ss. 29 , 192 , 193 ); S.I. 2009/ 3250, {art. 2(h)} (with arts. 6, 9) F17 S. 2(3) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4) , ss. 15 , 148(1) , Sch. 4 para. 263(4) ; S.I. 2006/1014 , art. 2(a) , Sch. 1 para. 11(v) F18 Words in s. 2(4) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4) , ss. 15 , 148(1) , Sch. 4 para. 263(5) ; S.I. 2006/1014 , art. 2(a) , Sch. 1 para. 11(v) F19 S. 2(9) inserted "after subsection (8)" (3.4.2006) by virtue of Constitutional Reform Act 2005 (c. 4) , ss. 15 , 148(1) , Sch. 4 para. 263(6) ; S.I. 2006/1014 , art. 2(a) , Sch. 1 para. 11(v) F20 S. 2(9) inserted "after subsection (8)" (temp. from 3.4.2006 with effect as mentioned in Sch. 4 para. 361 of the amending Act) by virtue of Constitutional Reform Act 2005 (c. 4) , ss. 15 , 148(1) , Sch. 4 para. 385(2)(3) ; S.I. 2006/1014 , art. 2(a) , Sch. 1 para. 11(cc) Marginal Citations M1 1981 c. 54 . M2 1990 c. 41 .