The Civil Procedure (Amendment No. 6) Rules 2001

• Citation: S.I. 2001/4016
• Sections: 2

Section 1 Citation, commencement and interpretation

These Rules may be cited as the Civil Procedure (Amendment No. 6) Rules 2001 and shall come into force on the date of entry into force of section 3 of the Anti-terrorism, Crime and Security Act 2001 .

Section 2 Amendments to the Civil Procedure Rules 1998

In RSC Order 115, in Schedule 1 to the Civil Procedure Rules 1998 —

(a) in rule 24, in paragraph (ba), for “proposed proceedings” substitute “ any proceedings”;

(b) in rule 26(2)—

(i) for paragraph (a) substitute—

(a) state, as the case may be, either—

(i) that proceedings have been instituted against a person for an offence under any of sections 15 to 18 of the Act and that they have not been concluded; or

(ii) that a criminal investigation has been started in England and Wales with regard to such an offence,

and in either case give details of the alleged or suspected offence and of the defendant’s involvement;

(ii) in paragraph (b), at the beginning, insert “where proceedings have been instituted,”;

(iii) after paragraph (b) insert—

(ba) where proceedings have not been instituted—

(i) indicate the state of progress of the investigation and when it is anticipated that a decision will be taken on whether to institute proceedings against the defendant;

(ii) state the grounds for believing that a forfeiture order may be made in any proceedings against the defendant; and

(iii) verify that the prosecutor is to have the conduct of any such proceedings;

(iv) omit paragraphs (d) and (e); and

(c) in rule 27(3), after “the order and”, insert “, unless the court otherwise orders,”.