Proposed amendments
70 amendments across 12 provisions
Clause 1 14
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For the purposes of subsection (3)(a), regard must be had to the needs of those who require technical support in order to initiate, conduct, progress or participate in proceedings by electronic means.”
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Civil Procedure Rules, Family Procedure Rules, Tribunal Procedure Rules, employment tribunal procedure regulations and EAT procedure rules must determine for the relevant jurisdiction which proceedings can be governed by the Online Procedure Rules Committee.”
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that forms and other documents required by Online Procedure Rules may be filed by electronic means or on paper or a combination of both at the choice of the party filing them.”
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Where Online Procedure Rules require a person to initiate, conduct, progress or participate in proceedings by electronic means, Online Procedure Rules must also provide that a person may instead choose to do so by non-electronic means.”
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that Online Procedure Rules shall not apply in any proceedings where both parties agree in writing that they shall not apply to those proceedings.”
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The provision made under subsection (1)(a) must include provision for proceedings initiated at a court or tribunal by non-electronic means to be treated as initiated by electronic means, where the proceedings are processed by the court or tribunal by electronic means.”
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Online Procedure Rules must provide that a party or potential party to proceedings governed or to be governed by Online Procedure Rules is entitled to assistance, to be known as “Designated Assistance”, with the conduct or progress of such proceedings, to be made available in accordance with section (Designated Assistance).”
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Rules must ensure that judicial discretion over deciding whether a full court hearing is necessary in an individual case is retained.”
Clause 2 4
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“Specified kinds” of proceedings for the purposes of section 1 exclude—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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whether cases in the family jurisdiction are contested, or involve children or litigants in person.”
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Regulations may only be made under this section with the concurrence of the Lord Chief Justice.”
Clause 3 9
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The appropriate Minister may, by regulations and having regard to Article 6 of the European Convention on Human Rights, provide for circumstances in which any party initiating proceedings, or an aspect of proceedings, may (if the proceedings are of a specified kind) choose whether the proceedings or that aspect are to be initiated in accordance with Online Procedure Rules or the applicable standard rules.
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“Duty to make support available for digitally excluded people
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Duty to make support available for digitally excluded people
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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In the event of a disagreement between the person initiating proceedings and the respondent, the court or tribunal in which the proceeding would normally be heard must decide the appropriate rules to be followed.”
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Regulations may only be made under this section with the concurrence of the Lord Chief Justice.”
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“Designated Assistance
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Duty to protect members of the public from fraudulent websites
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 4 10
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one of each of the following—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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one of whom must have experience representing the views of people who are digitally excluded.”
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The Lord Chancellor must ensure that gender balance is reflected on the Online Procedure Rule Committee.”
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one of each of the following—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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The Lord Chief Justice may appoint one of the persons appointed under subsection (2)(a) or (b) to be the chair of the Online Procedure Rule Committee.”
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The Lord Chancellor must ensure that gender balance is reflected on the Online Procedure Rule Committee.”
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Clause 7 10
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at least half of the members of the Committee, where one of the signatories is the chair, or
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In deciding whether to allow or disallow rules, the appropriate Minister must have regard to the needs of those who require technical support in order to initiate, conduct, progress or participate in proceedings by electronic means.”
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must be piloted by the Government in a period determined by the Online Procedure Rule Committee before they may be fully and permanently implemented,”
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in so far as necessary for the purposes of the pilot under paragraph (za), and
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The appropriate Minister must publish a written statement on the progress and findings of each pilot scheme under subsection (5)(za) every six months.”
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Clause 8 8
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make such Online Procedure Rules as it considers necessary to achieve the specified purpose; or
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The appropriate Minister may only give written notice under this section with the concurrence of the Lord Chief Justice.”
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make such Online Procedure Rules as it considers necessary to achieve the specified purpose; or
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The appropriate Minister may only give written notice under this section with the concurrence of the Lord Chief Justice.”
Clause 9 5
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Regulations may only be made under this section with the concurrence of the Lord Chief Justice.”
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Regulations may only be made under this section with the concurrence of the Lord Chief Justice.”
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“Review
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 10 1
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Clause 12 4
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The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise any function of the Lord Chief Justice under this section.”
Clause 13 2
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carrying out a review of the operation of this Act or providing a report to Parliament thereon (see section (Review)).”
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Where the relevant function is carrying out a review of the operation of this Act or providing a report to Parliament thereon, the relevant function is exercisable by the Lord Chancellor and the Secretary of State acting jointly.”