Legislation – Judicial Review and Courts Act 2022

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Schedules

Schedule 4Online procedure: amendments

Section 31

Employment Tribunals Act 1996

1 (1)

The Employment Tribunals Act 1996 is amended as follows.

(2)

In section 7A (practice directions), after subsection (2E) insert—

“(2F)

Directions under this section do not apply to proceedings that are governed by Online Procedure Rules except—

(a)

to such extent as may be provided by—

(i)

Online Procedure Rules, or

(ii)

directions under paragraph 9 of Schedule 3 to the Judicial Review and Courts Act 2022, or

(b)

to such extent as Procedure Rules apply to the proceedings by virtue of regulations under section 21(1)(b) of that Act.”

(3)

In section 29A (practice directions), after subsection (10) insert—

“(11)

Directions under this section do not apply to proceedings that are governed by Online Procedure Rules except—

(a)

to such extent as may be provided by—

(i)

Online Procedure Rules, or

(ii)

directions under paragraph 9 of Schedule 3 to the Judicial Review and Courts Act 2022, or

(b)

to such extent as Procedure Rules apply to the proceedings by virtue of regulations under section 21(1)(b) of that Act.”

(4)

In Schedule A1 (inserted by Schedule 5 to this Act), after paragraph 21 insert—

“21A

Procedure Rules must be framed so as not to apply to proceedings that are governed by Online Procedure Rules except to such extent as may be provided by—

(a)

Online Procedure Rules,

(b)

directions under paragraph 9 of Schedule 3 to the Judicial Review and Courts Act 2022, or

(c)

regulations under section 21(1)(b) of that Act.”

Civil Procedure Act 1997

2 (1)

The Civil Procedure Act 1997 is amended as follows.

(2)

In section 1 (Civil Procedure Rules), after subsection (3) insert—

“(4)

Civil Procedure Rules must be framed so as not to apply to proceedings that are governed by Online Procedure Rules except to such extent as may be provided by—

(a)

Online Procedure Rules,

(b)

directions under paragraph 1 of Schedule 3 to the Judicial Review and Courts Act 2022, or

(c)

regulations under section 21(1)(b) of that Act.”

(3)

In section 5 (practice directions), after subsection (6) insert—

“(7)

Practice directions under this section do not apply to proceedings that are governed by Online Procedure Rules except—

(a)

to such extent as may be provided by—

(i)

Online Procedure Rules, or

(ii)

directions under paragraph 1 of Schedule 3 to the Judicial Review and Courts Act 2022, or

(b)

to such extent as Civil Procedure Rules apply to the proceedings by virtue of regulations under section 21(1)(b) of that Act.”

Courts Act 2003

3 (1)

The Courts Act 2003 is amended as follows.

(2)

In section 75 (Family Procedure Rules), after subsection (5) insert—

“(6)

Family Procedure Rules must be framed so as not to apply to proceedings that are governed by Online Procedure Rules except to such extent as may be provided by—

(a)

Online Procedure Rules,

(b)

directions under paragraph 1 of Schedule 3 to the Judicial Review and Courts Act 2022, or

(c)

regulations under section 21(1)(b) of that Act.”

(3)

In section 81 (practice directions relating to family proceedings), at the end insert—

“(6)

Directions under this section do not apply to proceedings that are governed by Online Procedure Rules except—

(a)

to such extent as may be provided by—

(i)

Online Procedure Rules, or

(ii)

directions under paragraph 1 of Schedule 3 to the Judicial Review and Courts Act 2022, or

(b)

to such extent as Family Procedure Rules apply to the proceedings by virtue of regulations under section 21(1)(b) of that Act.”

Tribunals, Courts and Enforcement Act 2007

4 (1)

The Tribunals, Courts and Enforcement Act 2007 is amended as follows.

(2)

In section 22 (Tribunal Procedure Rules), after subsection (5) insert—

“(6)

Tribunal Procedure Rules must be framed so as not to apply to proceedings that are governed by Online Procedure Rules except to such extent as may be provided by—

(a)

Online Procedure Rules,

(b)

directions under paragraph 5 of Schedule 3 to the Judicial Review and Courts Act 2022, or

(c)

regulations under section 21(1)(b) of that Act.”

(3)

In section 23 (practice directions), after subsection (7) insert—

“(8)

Directions under this section do not apply to proceedings that are governed by Online Procedure Rules except—

(a)

to such extent as may be provided by—

(i)

Online Procedure Rules, or

(ii)

directions under paragraph 5 of Schedule 3 to the Judicial Review and Courts Act 2022, or

(b)

to such extent as Tribunal Procedure Rules apply to the proceedings by virtue of regulations under section 21(1)(b) of that Act.”