31. In Part 58—
(a) in rule 58.6(3), for “rules 6.16(4), 6.21(4) and 6.22” substitute “rules 6.12(3), 6.35 and 6.37(5)”; and
(b) in rule 58.10(2), for “Rule 6.23 (period” substitute “Rule 6.35 (in relation to the period”.
32. In Part 59—
(a) in rule 59.5(3), for “6.16(4), 6.21(4) and 6.22” substitute “6.12(3), 6.35 and 6.37(5)”; and
(b) in rule 59.9(2), for “Rule 6.23 (period” substitute “Rule 6.35 (in relation to the period”.
33. In Part 61—
(a) In rule 61.4(7)(b), for “Section III” substitute “Section IV”; and
(b) in rule 61.11—
(i) in paragraph (5), for “Section III” substitute “Section IV”; and
(ii) in paragraph (7)—
(aa) in sub-paragraph (a)(ii), for “he” substitute “the defendant”;
(bb) in sub-paragraph (b), for “he” substitute “the defendant”; and
(cc) in sub-paragraph (b), for “6.22” substitute “6.35”.
34. In Part 62—
(a) in rule 62.5(3), for “6.24 to 6.29” substitute “6.40 to 6.46”;
(b) in rule 62.16(4), for “6.24 to 6.29” substitute “6.40 to 6.46”;
(c) in rule 62.18(8)(b), for “6.24 to 6.29” substitute “6.40 to 6.46”; and
(d) in rule 62.20(1)(a), for “United Kingdom Overseas Territory (within the meaning of rule 6.18(f))” substitute “British overseas territory”.
35. In rule 63.16(2)—
(a) in sub-paragraph (a)—
(i) for “Patent” substitute “Intellectual Property”; and
(ii) for “jurisdiction” substitute “United Kingdom”;
(b) in sub-paragraph (b), for “6.19(1) or (1A)” substitute “6.32(1), 6.33(1) or 6.33(2)”; and
(c) in sub-paragraph (b)(i), for “Patent” substitute “Intellectual Property”.
36. In Part 65—
(a) in the table of contents, omit—
(i) the entry “VI DRINKING BANNING ORDERS UNDER THE VIOLENT CRIME REDUCTION ACT 2006(9)”; and
(ii) the entries relating to rules 65.31 to 65.36;
(b) in rule 65.1—
(i) in paragraph (e), after “Protection from Harassment Act 1997(10);” insert “and”; and
(ii) omit paragraph (f); and
(c) in rule 65.18(5)—
(i) for “he” substitute “the claimant”; and
(ii) for “6.14(2)(a)” substitute “6.17(2)(a)”; and
(d) omit Section VI.
37. In Part 74—
(a) in rule 74.6—
(i) in paragraph (1)(a), for “him” substitute “the judgment debtor”;
(ii) for paragraph (1)(b) substitute—
“(b) as provided by—
(i) section 725 of the Companies Act 1985(11); or
(ii) the Companies Act 2006(12); or”; and
(iii) in paragraph (2), for “6.24, 6.25, 6.26 and 6.29” substitute “6.40, 6.42, 6.43 and 6.46”;
(b) for rule 74.31(2) and the two parentheses below that rule substitute—
“(2) Where a person applies to enforce an EEO expressed in a foreign currency, the application must contain a certificate of the sterling equivalent of the judgment sum at the close of business on the date nearest preceding the date of the application.
(Part 70 contains further rules about enforcement.)”;
(c) in rule 74.32—
(i) in paragraph (2)(a), after “order” insert “(“the affected persons”)”;
(ii) in paragraph (2)(b), after “Wales” insert “(“the relevant courts”)”; and
(iii) for paragraph (3) substitute—
“(3) Upon service of the order on the affected persons, all enforcement proceedings under the EEO in the relevant courts will cease.”; and
(d) in rule 74.33—
(i) for the heading to the rule substitute “Stay of or limitation on enforcement”; and
(ii) in paragraph (1), omit “by application”.
38. After Part 77 insert Part 78 (European order for payment and European small claims procedures) as set out in Schedule 2 to these Rules.
39. In RSC Order 115—
(a) in rule 17—
(i) in paragraph (1)—
(aa) for “delivering it to him” substitute “delivering it to that person”; and
(bb) for “to him at his” substitute “to that person’s”; and
(ii) in paragraph (2), for “6.24, 6.25 and 6.29 shall” substitute “6.40, 6.42 and 6.46”; and
(b) in rule 33(2), for “6.24, 6.25 and 6.29 shall” substitute “6.40, 6.42 and 6.46”.
40. In CCR Order 27—
(a) in rule 5(1), for “6.2” substitute “6.20”; and
(b) in rule 17(3A), for “6.2” substitute “6.20”.
41. In CCR Order 28—
(a) in rule 2(2)—
(i) for “his” substitute “the judgment creditor’s”;
(ii) for “the judgment summons shall” substitute “the judgment summons will”;
(iii) omit “an officer of”;
(iv) for “sending it to him” substitute “sending it to the debtor”; and
(v) for “the date of service shall be” substitute “the date of service is”; and
(b) in rule 3—
(i) in paragraph (2)—
(aa) for “shall” substitute “will”;
(bb) for “6.11” substitute “6.18”; and
(cc) omit “office”; and
(ii) in paragraph (3) omit “shall”.
42. In CCR Order 29, rule 1(6)—
(a) for “thereof” substitute “of the judgment or order”; and
(b) in sub-paragraph (b), for “telegram” substitute “fax, e-mail”.
43. In CCR Order 33, rule 4(3), for “6.2” substitute “6.20”.
44. The amendments made by rule 26 of these Rules to rule 52.3 do not apply to proceedings where the notice of appeal was filed before 1st October 2008 and rule 52.3 in force immediately before that date will continue to apply to those proceedings as if that rule had not been amended.
Martin Moore-Bick, L.J.
Master Steven Whitaker
HHJ Stephen Oliver-Jones Q.C.
District Judge Robert Hill
District Judge Suzanne Burn
David di Mambro
Philip Rainey
Nicholas Burkhill
Katy Peters
Peter Candon
David Grant
I allow these Rules
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
7th August 2008