Statutory Instrument 1989 No. 177 (L.2)

The Rules of the Supreme Court (Amendment) 1989

---

© Crown Copyright 1989

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Rules of the Supreme Court (Amendment) 1989, ISBN 0110961773. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1989 No. 177 (L.2)

SUPREME COURT OF ENGLAND AND WALES

The Rules of the Supreme Court (Amendment) 1989

We, the Supreme Court Rule Committee, having power under section 85 of the Supreme Court Act 1981^[1] to make rules of court under section 84 of that Act for the purpose of regulating and prescribing the practice and procedure to be followed in the Supreme Court, hereby exercise those powers as follows:

Citation and commencement
    1.—(1)  These Rules may be cited as the Rules of the Supreme Court (Amendment) 1989 and shall come into force on 7th March 1989.

    (2)  In these Rules an Order referred to by number means the Order so numbered in the Rules of the Supreme Court 1965^[2].

Consumer Credit Act 1974^[3]
    2.    Order 6, rule 2 shall be amended by substituting a semi-colon for the full stop at the end of paragraph (1) (d) and by inserting thereafter the words:—
"(e) where the action relates to a consumer credit agreement, with a certificate that the action is not one to which section 141 of the Consumer Credit Act 1974 applies." .

    3.    Order 88, rule 3 shall be amended by substituting a comma for the full stop at the end of paragraph (3) and by inserting thereafter the words:—

"and a certificate that the action is not one to which section 141 of the Consumer Credit Act 1974 applies.".

Money paid into court under order
    4.    Order 22, rule 8 shall be amended as follows:—

    (1)  The existing paragraphs (1) and (2) shall be renumbered as (2) and (3) respectively, and for the words "paragraph (2)" in the new paragraph (2) there shall be substituted the words "paragraph (3)".

    (2)  The following new paragraph shall be inserted as paragraph (1):—
"  (1)  On making any payment into court under an order of the court or a certificate of a master or associate, a party must give notice thereof to every other party to the proceedings." .

Admiralty Registrar
    5.    Order 36, rule 11 shall be amended by inserting after the words in paragraph (1) "before a master" the words "or the Admiralty Registrar".

    6.    Order 36, rule 11 shall be further amended by adding after paragraph (3) the following new paragraph:—
"  (4)  Rule 4 shall apply in relation to the Admiralty Registrar and the conduct of any proceedings before the Admiralty Registrar at a trial before him under this Order as it applies in relation to an Official Referee and the conduct of proceedings before an Official Referee, except that the Admiralty Registrar shall not have power to make orders of committal." .

Proceedings for Judicial Review
    7.    Order 53, rule 6(4) shall be amended by substituting for the words "21 days" the words "56 days".

Mackay of Clashfern, C.,

Lane, C.J.,

Donaldson, M.R.,

Stephen Brown, P.,

Nicholas Browne-Wilkinson, V-C.,

Dillon, L.J.,

Steyn, J.,

Millet, J.,

Hugh Bennett,

Francis Ferris,

Michael S. Howells,

C. R. Berry.

Dated 9th February 1989

These Rules amend the Rules of the Supreme Court 1965 so as:—
(a) to provide for the endorsement of a writ before it is issued certifying that section 141 of the Consumer Credit Act 1974 does not apply, and for the same endorsement on an originating summons in a mortgage action;

(b) to bring the procedure for payment into court under Order 22, rule 8 in line with that applying to payment into court under Order 22, rule 1;

(c) to allow the Admiralty Registrar to sit other than at the Royal Courts of Justice;

(d) to extend the time limit for filing an affidavit upon which a respondent to judicial review proceedings wishes to rely from 21 to 56 days.

[1] 1981 c. 54. back

[2] S.I. 1965/1776; the relevant amending instruments are S.I. 1966/1514, 1970/1208, 1973/1384, 1976/337, 1979/1542, 1716, 1725, 1980/1908, 2000, 1982/1111, 1986/1187. back

[3] 1974 c. 39. back