The Rules of the Supreme Court (Amendment) 1988

• Citation: S.I. 1988/298
• Sections: 25

Section 1 Citation and commencement

(1) These Rules may be cited as the Rules of the Supreme Court (Amendment) 1988 and shall come into force on 4th April 1988, except for rules 14 to 19, which shall come into force when Parts II to IV of the Landlord and Tenant Act 1987 come into force.

(2) In these Rules an Order referred to by number means the Order so numbered in the Rules of the Supreme Court 1965 and a reference to Appendix A is a reference to Appendix A to those Rules.

Section 2 Appearance gratis

Order 12 shall be amended by renumbering rule 12A as rule 8A.

Section 3 Master’s order

Order 44, rule 11 shall be amended by substituting for paragraph (1) the following paragraph—

(1) Subject to Order 37, rule 2, the result of proceedings before a master under a judgment shall be stated in the form of an order.

Section 4 Appeal from judge in chambers

Order 58, rule 6 shall be amended by substituting for paragraph (1) the following paragraph—

(1) Subject to section 18 of the Act and section 15(2) of the Administration of Justice Act 1960 (which restrict appeals) and to Order 53, rule 13, and without prejudice to section 13 of the said Act of 1960 (which provides for an appeal in cases of contempt of court), an appeal shall lie to the Court of Appeal from any judgment, order or decision of a judge in chambers.

Section 5 Appeal from judge in chambers

Order 58, rule 6 shall be further amended by omitting paragraph (2)

Section 6 Dismissal of patient’s appeal by consent

Order 59 shall be amended by adding after rule 21 the following new rule—

Dismissal of patient’s appeal by consent

(22) Notwithstanding anything in Order 80, rule 10(1) or in Order 10, rule 10(1) of the County Court Rules 1981 , where the receiver or other person authorised under Part VII of the Mental Health Act 1983 to conduct legal proceedings in the name of the patient or on his behalf has also been authorised by the Court of Protection under its seal to consent to the dismissal of an appeal to the Court of Appeal by that patient, the appeal may be dismissed by consent without a hearing.

Section 7 Dismissal of patient’s appeal by consent

Order 80, rule 10 shall be amended by omitting paragraph (2).

Section 8 Wards and adoption

For Order 90, rule 4A there shall be substituted the following rule—

Adoption of a minor who is a ward of court

(4A)

(1) An application for leave—

(a) to commence proceedings to adopt a minor who is a ward, or

(b) to commence proceedings for a custodianship order in respect of such a minor, or

(c) to commence proceedings to free such a minor for adoption,

may be ex parte to a registrar.

(2) Where a local authority has been granted leave to place a minor who is a ward with foster parents with a view to adoption it shall not be necessary for an application to be made for leave under paragraph (1)(a), (b) or (c) unless the court otherwise directs.

(3) If the applicant for leave under paragraph (1)(a) or (c), or a local authority which has applied for leave as referred to in paragraph (2), or a foster parent so requests, the registrar may direct that any subsequent proceedings shall be conducted with a view to securing that the proposed adopter is not seen by or made known to any respondent or prospective respondent who is not already aware of his identity except with his consent.

(4) In paragraphs (1) and (3) “proceedings” means proceedings in the High Court or in a county court.

Section 9 Family Law Act 1986

Order 90 shall be amended by inserting, after rule 47, the following new Part—

REGISTRATION AND ENFORCEMENT OF CUSTODY ORDERS

Interpretation

(48)

(1) In this Part of this Order, unless the context otherwise requires—

“ the Act ” means the Family Law Act 1986;

“the appropriate court” means,in relation to Scotland, the Court of Session and, in relation to Northern Ireland, the High Court;

“the Deputy Principal Clerk” means the Deputy Principal Clerk of Session;

“custody order” means a custody order within the meaning of sections 1, 32, 40, 42(5) and 42(6) of the Act;

“register” means the register kept for the purposes of the Act;

“the Master” means the Master (Care and Protection) of the High Court in Northern Ireland;

“registration” means registration under Part I of the Act, and “registered” shall be construed accordingly.

(2) The prescribed officer for the purposes of sections 27(4) and 28(1) of the Act shall be the secretary of the principal registry, and the jurisdiction of the Court under sections 27(3) and 28(1) of the Act shall be performed by the prescribed officer, who shall be—

(a) the secretary of the principal registry, if the custody order was made by the High Court in proceedings pending in the principal registry, or

(b) the chief clerk or any other officer of a district registry acting on his behalf in accordance with directions given by the Lord Chancellor, if the custody order was made by the High Court outside London.

Application to register English custody order

(49)

(1) An application under section 27 of the Act for the registration of a custody order made by the High Court shall be made by lodging in the principal registry or the district registry, as the case may be, a certified copy of the order, together with a copy of any order which has varied any of the terms of the original order and an affidavit by the applicant, and a copy thereof, which shall state—

(a) the name and address of the applicant and his interest under the order;

(b) the name and date of birth of the child in respect of whom the order was made, his whereabouts or suspected whereabouts and the name of any person with whom he is alleged to be;

(c) the name and address of any other person who is known to the applicant to have an interest under the order and whether it has been served on him;

(d) whether the order is to be registered in Scotland or Northern Ireland or in both jurisdictions;

(e) that, to the best of the applicant’s information and belief, the order is in force;

(f) whether, and if so where, the order is already registered; and

(g) details of any order known to the applicant which affects the child and is in force in the jurisdiction in which the custody order is to be registered.

(2) There shall be exhibited to the affidavit any document relevant to the application.

(3) Where the documents referred to in paragraphs (1) and (2) are to be sent to the appropriate court the prescribed officer shall—

(a) retain the affidavit and send the copy thereof and the other documents to the Deputy Principal Clerk or to the Master, as the case may be, indicating, where the order relates to more than one child, with respect to which child or children it is to be registered, and

(b) record the fact of transmission in the court minutes.

(4) On receipt of notice of the registration of a custody order in the appropriate court the prescribed officer shall record the fact of registration in the court minutes.

(5) If it appears to the prescribed officer that the custody order is no longer in force with respect to a child or more than one child or that a child or more than one child has attained the age of 16, he shall refuse to send the documents referred to in paragraphs (1) and (2) to the appropriate court or shall indicate thereon with respect to which child or children the order is not to be registered, and he shall within 14 days give notice to the applicant of his refusal or indication and the reason for it.

(6) If the prescribed officer refuses to send the documents to the appropriate court, the applicant may apply by summons to the judge in chambers for an order that the documents be sent to the appropriate court or that they be sent with respect to a particular child or children.

Registration of Scottish and Northern Ireland custody orders

(50) On receipt of a certified copy of a custody order made in Scotland or Northern Ireland for registration, the prescribed officer shall—

(a) register the order in the register by entering particulars of—

(i) the name and address of the applicant and his interest under the order;

(ii) the name and whereabouts or suspected whereabouts of the child, his date of birth, and the date on which he will attain the age of 16; and

(iii) the terms of the order, its date and the court which made it;

(b) file the certified copy and accompanying documents; and

(c) give notice to the court which sent the certified copy and to the applicant for registration that the order has been registered.

Revocation and variation of English order

(51)

(1) Where a custody order which is registered in the appropriate court is revoked or varied by the High Court, the prescribed officer of the court making the subsequent order shall—

(a) send a copy of the subsequent order to the Deputy Principal Clerk or to the Master, as the case may be, and to the court which made the custody order, if that court is different from the court making the subsequent order, for filing by that court,

(b) record the fact of transmission in the court minutes, and

(c) retain the subsequent order.

(2) On receipt of notice from the appropriate court of any amendment of its register, the prescribed officers of the court which made the custody order and of the court which made any subsequent order shall each record the fact of amendment in the court minutes.

Registration of revoked, recalled or varied Scottish or Northern Ireland order

(52)

(1) On receipt of a certified copy of an order made in Scotland or Northern Ireland which revokes, recalls or varies a registered custody order, the prescribed officer shall enter particulars of the revocation, recall or variation, as the case may be, in the register, and give notice of the entry to—

(a) the court which sent the certified copy,

(b) if different, the court which made the custody order,

(c) the applicant for registration, and

(d) if different, the applicant for the revocation, recall or variation of the order.

(2) An application under section 28(2) of the Act shall be made by summons and may be heard and determined by a registrar.

(3) If the applicant for the custody order is not the applicant under section 28(2) of the Act he shall be made a defendant to the application.

(4) Where the court cancels a registration of its own motion or on an application under paragraph (2), the prescribed officer shall amend the register accordingly and shall give notice of the amendment to the court which made the custody order.

Interim directions

(53)

(1) An application for interim directions under section 29 of the Act shall be made by summons and may be heard and determined by a registrar.

(2) The parties to the proceedings for enforcement and, if he is not a party thereto, the applicant for the custody order, shall be made parties to the application.

Staying and dismissal of enforcement proceedings

(54)

(1) An application under section 30(1) or 31(1) of the Act shall be made by summons and may be heard and determined by a registrar.

(2) The parties to the proceedings for enforcement which are sought to be stayed and, if he is not a party thereto, the applicant for the custody order, shall be made parties to an application under either of the said sections.

(3) Where the court makes an order under section 30(2) or (3) or section 31(3), the prescribed officer shall amend the register accordingly and shall give notice of the amendment to the court which made the custody order and to the applicants for registration, for enforcement and for the stay or dismissal of the proceedings for enforcement.

Particulars of other proceedings

(55) A party to proceedings for or relating to a custody order who knows of other proceedings (including proceedings out of the jurisdiction and concluded proceedings) which relate to the child concerned shall file an affidavit which shall state—

(a) in which jurisdiction and court the other proceedings were instituted;

(b) the nature and current state of such proceedings and the relief claimed or granted;

(c) the names of the parties to such proceedings and their relationship to the child;

(d) if applicable, and if known, the reasons why the relief claimed in the proceedings for or relating to the custody order was not claimed in the other proceedings.

Inspection of register

(56) Notwithstanding rule 2A—

(a) the applicant for registration of a registered custody order,

(b) any person who satisfies a registrar of the Family Division that he has an interest under the custody order, and

(c) any person who obtains the leave of a registrar of the Family Division,

may inspect any entry in the register relating to the order and may bespeak copies of the order and of any document relating thereto.

Section 10 Banking Act 1987

Order 11, rule 1 shall be amended by substituting a semi-colon for the full stop at the end of item ( q ) and by adding thereafter the following—

(r) the claim is made under the Banking Act 1987.

Section 11 Banking Act 1987

Order 92 shall be amended by inserting after rule 3 the following new rule—

Payments into court under section 26, Banking Act 1987

(3A) Where the Bank of England, having sold shares in pursuance of an order under section 26 of the Banking Act 1987, pays the proceeds of sale, less the costs of the sale, into court, it shall cause an affidavit to be made and filed setting out the names and, so far as known, the addresses of the persons beneficially entitled to the proceeds of sale and shall lodge a copy of the order.

Section 12 Banking Act 1987

Order 92 shall be further amended by substituting, for the words “or 3” in rule 4, the words “, 3 or 3A”.

Section 13 Banking Act 1987

Order 93 shall be amended by inserting after rule 22 the following new rule—

Proceedings under the Banking Act 1987

(23)

(1) In this rule “the Act” means the Banking Act 1987 and a section referred to by number means the section so numbered in the Act.

(2) Proceedings in the High Court under the following sections of the Act shall be assigned to the Chancery Division and shall be begun—

(a) as to applications under sections 26(3), 71(3) and (5) and 77(3) and (5), by originating summons;

(b) as to appeals under section 31(1), by originating motion;

(c) as to applications under sections 48(1), 49(1) and 93(1) and (2), by writ.

(3) No order shall be made under section 48(1) against any person unless he is a party to the proceedings.

(4) Where an application has been made under section 71(3) or (5) or section 77(3) or (5) the Bank of England shall within 28 days after service on it of copies of the plaintiff’s affidavit evidence cause an affidavit to be made, filed and served on the plaintiff setting out the reasons for its objection to the plaintiff’s name.

Section 14 Landlord and Tenant Act 1987

Order 97 shall be amended by substituting for the title the words “THE LANDLORD AND TENANT ACTS 1927, 1954 and 1987”.

Section 15 Landlord and Tenant Act 1987

Order 97, rule 1 shall be amended by substituting for paragraph (1) the following paragraph:—

(1) In this Order “the Act of 1927 ” means the Landlord and Tenant Act 1927 , “the Act of 1954 ” means the Landlord and Tenant Act 1954 and “the Act of 1987 ” means the Landlord and Tenant Act 1987.

Section 16 Landlord and Tenant Act 1987

Order 97, rule 2 shall be amended by inserting after the words “the Act of 1954” the words “or the Act of 1987”.

Section 17 Landlord and Tenant Act 1987

Order 97, rule 3(1) shall be amended by inserting after the words “the Act of 1954” the words “or the Act of 1987”.

Section 18 Landlord and Tenant Act 1987

Order 97, rule 8(1) shall be amended by substituting for the words “or 6” the words “6, 14, 15, 16 or 17”.

Section 19 Landlord and Tenant Act 1987

Order 97 shall be amended by adding after rule 13 the following new rules:—

Application under section 19 of the Act of 1987

(14) A copy of the notice served under section 19(2)(a) of the Act of 1987 shall be appended to the originating summons issued under section 19(1) thereof, and an additional copy of the notice shall be filed.

Application for order under section 24 of the Act of 1987

(15)

(1) An application for an order under section 24 of the Act of 1987 shall state:—

(a) the premises to which the application relates,

(b) the name and address of the applicant and of the landlord of the premises, or, where the landlord cannot be found or his identity ascertained, the steps taken to find him or ascertain his identity,

(c) the name and address of every person known to the applicant who is likely to be affected by the application, including, but not limited to, the other tenants of flats contained in the premises, any mortgagee or superior landlord of the landlord, and any tenants' association,

(d) the name, address and qualifications of the person it is desired to be appointed manager of the premises,

(e) the functions which it is desired that the manager shall carry out, and

(f) the grounds of the application,

and a copy of the notice served on the landlord under section 22 of the Act of 1987 shall be appended to the originating summons, unless the requirement to serve such a notice has been dispensed with, and an additional copy of the notice shall be filed.

(2) The defendant to an application for an order under section 24 of the Act of 1987 shall be the landlord of the premises.

(3) A copy of the summons shall be served on—

(a) each of the persons named by the applicant under paragraph (1)(c), together with a notice stating that he may apply under rule 8 to be made a party to the proceedings, and

(b) the person named under paragraph (1)(d).

(4) Order 30, rules 2 to 8 shall apply to proceedings in which an application is made for an order under section 24 of the Act of 1987 as they apply to proceedings in which an application is made for the appointment of a receiver, and as if for the references in those rules to a receiver there were references to a manager under the Act of 1987.

Application for acquisition order under section 29 of the Act of 1987

(16)

(1) An application for an acquisition order under section 29 of the Act of 1987 shall—

(a) identify the premises to which the application relates and give such details of them as are necessary to show that section 25 of the Act of 1987 applies thereto,

(b) give such details of the applicants as are necessary to show that they constitute the requisite majority of qualifying tenants,

(c) state the name and address of the applicants and of the landlord of the premises, or, where the landlord cannot be found or his identity ascertained, the steps taken to find him or ascertain his identity,

(d) state the name and address of the person nominated by the applicants for the purposes of Part III of the Act of 1987,

(e) state the name and address of every person known to the applicants who is likely to be affected by the application, including, but not limited to, the other tenants of flats contained in the premises (whether or not they could have made an application), any mortgagee or superior landlord of the landlord, and any tenants' association, and

(f) state the grounds of the application,

and a copy of the notice served on the landlord under section 27 of the Act of 1987 shall be appended to the originating summons, unless the requirement to serve such a notice has been dispensed with, and an additional copy of the notice shall be filed.

(2) The defendants to an application for an acquisition order under section 29 of the Act of 1987 shall be the landlord of the premises and the nominated person, where he is not an applicant.

(3) A copy of the summons shall be served on each of the persons named by the applicant under paragraph (1)(e), together with a notice stating that he may apply under rule 8 to be made a party to the proceedings.

(4) Where the nominated person pays money into court in accordance with an order under section 33(1) of the Act of 1987, he shall file a copy of the certificate of the surveyor selected under section 33(2)(a) thereof.

Application for order under section 38 or section 40 of the Act of 1987

(17)

(1) An application for an order under section 38 or section 40 of the Act of 1987 shall state—

(a) the name and address of the applicant and of the other current parties to the lease or leases to which the application relates,

(b) the date of and parties to the lease or leases, the premises demised thereby, the relevant terms thereof and the variation sought,

(c) the name and address of every person who the applicant knows or has reason to believe is likely to be affected by the variation, including, but not limited to, the other tenants of flats contained in the premises of which the demised premises form a part, any mortgagee or superior landlord of the landlord, any mortgagee of the applicant, and any tenants' association, and

(d) the grounds of the application.

(2) The other current parties to the lease or leases shall be made defendants to the application.

(3) A copy of the application shall be served by the applicant on each of the persons named by the applicant under paragraph (1)(c) and by the defendant on any other person who he knows or has reason to believe is likely to be affected by the variation, together, in each case, with a notice stating that the person may apply under rule 8 to be made a party to the proceedings.

(4) Any application under section 36 of the Act of 1987 shall be contained in the defendant’s affidavit, and paragraphs (1) to (3) shall apply to such an application as if the defendant were an applicant.

Service of notices in proceedings under the Act of 1987

(18) Where a notice is to be served in or before proceedings under the Act of 1987, it shall be served in accordance with section 54 and, in the case of service on a landlord, it shall be served at the address furnished under section 48(1).

Tenants' associations

(19) In rules 15, 16 and 17 a reference to a tenants' association is a reference to a recognised tenants' association within the meaning of section 29 of the Landlord and Tenant Act 1985 which represents tenants of the flats of which the demised premises form a part.

Section 20 Social Security Acts 1975 to 1986

The Arrangement of Orders at the beginning of the Rules of the Supreme Court 1965 shall be amended by substituting for the title to Order 111 the words “The Social Security Acts 1975 to 1986”.

Section 21 Social Security Acts 1975 to 1986

Order 111 shall be amended by substituting for the title the words “THE SOCIAL SECURITY ACTS 1975 TO 1986”.

Section 22 Social Security Acts 1975 to 1986

Order 111 shall be further amended by revoking rule 6, but nothing in this rule shall apply in relation to any appeal under section 11(4) and (5) of the Social Security and Housing Benefits Act 1982 in so far as those sub-sections continue in force.

Section 23 Drug Trafficking Offences Act 1986 : reciprocal enforcement of orders

Order 115, rule 2 shall be amended by inserting before the words “The jurisdiction of the High Court” the words “Subject to rule 12,”.

Section 24 Drug Trafficking Offences Act 1986 : reciprocal enforcement of orders

Order 115 shall be further amended by adding after rule 11 the following new rules—

Exercise of powers under sections 24A and 26

(12) The powers conferred on the High Court by sections 24A and 26 may be exercised by a judge in chambers and a master of the Queen’s Bench Division.

Application for registration

(13) An application for registration of an order specified in an Order in Council made under section 24A or of an external confiscation order under section 26(3) may be made ex parte.

Evidence in support of application under section 24A

(14) An application for registration of an order specified in an Order in Council made under section 24A must be supported by an affidavit—

(i) exhibiting the order or a certified copy thereof, and

(ii) stating, to the best of the deponent’s knowledge, particulars of what property the person against whom the order was made holds in England and Wales, giving the source of the deponent’s knowledge.

Evidence in support of application under section 26(3)

(15) An application for registration of an external confiscation order must be supported by an affidavit—

(a) exhibiting the order or a verified or certified or otherwise duly authenticated copy thereof and, where the order is not in the English language, a translation thereof into English certified by a notary public or authenticated by affidavit, and

(b) stating—

(i) that the order is in force and is not subject to appeal,

(ii) where the person against whom the order was made did not appear in the proceedings, that he received notice thereof in sufficient time to enable him to defend them,

(iii) in the case of money, either that at the date of the application the sum payable under the order has not been paid or the amount which remains unpaid, as may be appropriate, or, in the case of other property, the property which has not been recovered, and

(iv) to the best of the deponent’s knowledge, particulars of what property the person against whom the order was made holds in England and Wales, giving the source of the deponent’s knowledge.

Register of orders

(16)

(1) There shall be kept in the Central Office under the direction of the Senior Master a register of the orders registered under the Act.

(2) There shall be included in such register particulars of any variation or setting aside of a registration, of any variation, satisfaction or discharge of a registered order, and of any execution issued on such an order.

Notice of registration

(17)

(1) Notice of the registration of an order must be served on the person against whom it was obtained by delivering it to him personally or by sending it to him at his usual or last known address or place of business or in such other manner as the Court may direct.

(2) Service of such a notice out of the jurisdiction is permissible without leave, and Order 11, rules 5, 6 and 8 shall apply in relation to such a notice as they apply in relation to a writ.

(3) The notice shall state the period within which an application may be made to vary or set aside the registration and that the order will not be enforced until after the expiration of that period.

Application to vary or set aside registration

(18) An application by the person against whom an order was made to vary or set aside the registration of an order must be made to a judge by summons supported by affidavit.

Enforcement of order

(19)

(1) An order registered under the Act shall not be enforced until after the expiration of the period specified in accordance with rule 17(3) or, if that period has been extended by the Court, until after the expiration of the period so extended.

(2) If an application is made under rule 18, an order shall not be enforced until after such application is determined.

Variation, satisfaction and discharge of registered order

(20) Upon the court being notified by the applicant for registration that an order which has been registered has been varied, satisfied or discharged, particulars of the variation, satisfaction or discharge, as the case may be, shall be entered in the register.

Rules to have effect subject to Orders in Council

(21) Rules 12 to 20 shall have effect subject to the provisions of the Order in Council made under section 24A or, as the case may be, of the Order in Council made under section 26.

Section 25 Reference to the European Court

Form No. 109 in Appendix A shall be amended by substituting, for the Schedule, the following: