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United Kingdom Statutory Instrument
These Rules amend the Rules of the Supreme Court mainly by prescribing new forms of writ of summons (rules 4(1), 32, 49(1), 50(1) and (2)) and replacing the entry of appearance by acknowledgement of service (rules 9 etc.). There will be a combined form of writ in place of the various forms now used in the Central Office and district registries and revised forms of writ in Admiralty actions in rem and limitation actions. The new forms will call upon the defendant to acknowledge service of the writ on an accompanying form and generally to say in the form whether or not he intends to contest the proceedings. An acknowledgment indicating an intention to contest the proceedings is called a “notice of intention to defend” (rule 2(1)). If the defendant fails to return the acknowledgment within the time prescribed or if he returns it without stating an intention to contest the proceedings, the plaintiff will be able to enter judgment immediately (rules 15 to 17). A number of related changes are also made:—
The defendant must be served with a sealed instead of a plain copy of the writ (rule 6).The form of acknowledgment will have to be returned to the court office out of which the writ was issued (rule 9). Except in the case of the Crown (rule 44), the defendant in a district registry action will no longer have the right, where he is outside the district of the registry and the cause of action did not arise there, to remove the proceedings to London by acknowledging service in the Central Office. He may, however, ask in his acknowledgment of service for the proceedings to be transferred to London or to some other district registry and the proceedings will be transferred accordingly unless the plaintiff objects within a limited time (rule 3(2)).If a defendant states in his acknowledgment of service that he does not intend to contest the proceedings but he does intend to apply for a stay of execution of any judgment obtained against him for a debt or liquidated demand, execution of the judgment by writ of fi. fa. will be automatically stayed for 14 days to enable him to make his formal application (rule 19).The defendant will be required to acknowledge service in every action commenced by originating summons except proceedings under Order 113 (rules 14 and 47), but in cases in which no appearance has hitherto been required the originating summons will be in a special (“expedited”) form making provision for a date of hearing to be inserted (rules 5, 49(3) and (4)).Special provision is made to enable a defendant to challenge the jurisdiction of the Court. If he gives notice of intention to defend and applies within 14 days to have the proceedings set aside or for such other relief as he desires, he will not be treated as having submitted to the jurisdiction of the Court even if the application fails (rule 13).A body corporate will be able to acknowledge service (and give notice of intention to defend) by a person duly authorised on its behalf instead of a solicitor (rule 9)).In Admiralty actions in rem and limitation actions a defendant will be able to acknowledge the issue, instead of service, of the writ where the writ has not been served on him but he wishes to take part in the proceedings (rules 32(4) and 50(3)).Service of a writ in rem by the Admiralty marshal or his substitute may be proved by an indorsement made by him on the writ (rule 34).Other rules and forms mentioning the entry of appearance are adapted to the new procedure for acknowledging service.
Published by: Westlaw
Last updated:
19 May 2011
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United Kingdom Statutory Instrument
These rules amend—
Published by: Westlaw
Last updated:
5 April 2011
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Scottish Statutory Instrument
To the extent they are not already in force, this Order brings sections28(2)(c) and 50 of the Planningetc. (Scotland) Act 2006 (“theAct”) into force on 26th November 2010 for all purposes and sections 16(c), 23, 24, 28(1)(d), (2)(a) and (b) and (3) to (6), 54(11)(b)(ii), (17)(a)(iv) and (b) and (18)(a) and (b)(i) into force for all purposes on 1st February 2011. The Order also commences on 1stFebruary 2011 the provisions of section 56 and the schedule to the Act to the extent that they repeal sections 163 and 252(2)(a) of the Town and Country Planning (Scotland) Act 1997 (c.8).
Published by: Queen's Printer for Scotland
Last updated:
27 January 2015
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Scottish Statutory Instrument
This Order amends article 2(1) of the Town and Country Planning (General Permitted Development) Scotland) Order 1992, substitutes an alternative Class 67 (Development by telecommunications code system operators) in Part 20 of Schedule 1 of the 1992 Order and amends Class 68 (Other telecommunications development) in Part 21 of that Schedule.
Published by: Queen's Printer for Scotland
Last updated:
24 November 2015
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European Union Decision
Commission Decision of 3 May 2005 on the aid scheme ‘Enterprise Capital Funds’ which the United Kingdom is planning to implement (notified under document number C(2005) 1144) (Only the English version is authentic) (Text with EEA relevance) (2006/250/EC)
Published by: Queen's Printer of Acts of Parliament
Last updated:
12 December 2020
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United Kingdom Statutory Instrument
Section 36 of the Town and Country Planning Act 1971 confers a right of appeal against certain planning decisions of local planning authorities. Its provisions are extended, by section 37 of the Act, to cases where a local planning authority fails to notify such a planning decision within prescribed periods.
Published by: Queen's Printer of Acts of Parliament
Last updated:
20 April 2016
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United Kingdom Statutory Instrument
These Regulations bring into force sections 64, 65, 67, 68 and 145(5) of the Housing and Planning Act 2016 (c.22) on 26th May 2016. Section 64 enables the Secretary of State to make a payment to a private registered provider (as defined in section 68) in respect of the discount awarded to a tenant of that provider when buying their home under the voluntary right to buy. Section 65 allows the Greater London Authority to make equivalent payments in respect of dwellings in Greater London. Section 67 makes consequential amendments and section 68 provides for the interpretation of Part 4, Chapter 1 of the Act in which the substantive provisions to be commenced appear. Section 145(5) inserts a new section 21A of the Planning and Compulsory Purchase Act 2004 (c. 5) to enable the Secretary of State to direct a local planning authority not to take any step in connection with the adoption of a development plan document pending possible use of other intervention powers.
Published by: Queen's Printer of Acts of Parliament
Last updated:
25 May 2016
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United Kingdom Statutory Instrument
This Order extends the application of specified provisions of the Medicines Act 1968 to the substances gentamicin, neomycin and nystatin, in circumstances where those substances are not in themselves medicinal products but are used as ingredients in the manufacture of medicinal products (Article 3(1)). Those substances are specified in Schedule 1 and defined in Schedule 2 to this Order.
Published by: Westlaw
Last updated:
19 May 2011
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United Kingdom Statutory Instrument
This Order appoints 15th October 1985 as the day from which the licensing restrictions on marketing, manufacture and wholesale dealing imposed by sections 7 and 8 of the Medicines Act 1968 shall, subject to certain transitional exemptions contained in section 16 of that Act, apply to the substances gentamicin, neomycin and nystatin, in circumstances where those substances are not in themselves medicinal products but are used as ingredients in the manufacture of medicinal products. These and other provisions of the Act are applied to those substances, in specified circumstances, by the Medicines (Control of Substances for Manufacture) Order 1985 (S.I. 1985/1403).
Published by: Westlaw
Last updated:
19 May 2011
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United Kingdom Statutory Instrument
This Order makes transitional provisions consequential on the Local Government Act 1972 in relation to the control of development under the Town and Country Planning Act 1971. These provisions are rendered necessary by the establishment of new local planning authorities in England and Wales on 1st April 1974. The Order does not apply to Greater London.
Published by: Westlaw
Last updated:
5 April 2011