CIVIL PROCEDURE ACT 2005 - SCHEDULE 2

CIVIL PROCEDURE ACT 2005 - SCHEDULE 2

SCHEDULE 2 – Constitution and procedure of Uniform Rules Committee

(Section 8)

Part 1 - Constitution

1 Definitions

In this Schedule--


"ex-officio member" means the Chief Justice of the Supreme Court, the President of the Court of Appeal, the Chief Judge of the Land and Environment Court, the Chief Judge of the District Court or the Chief Magistrate, and includes any of their nominees under section 8.


"member" means a member of the Uniform Rules Committee.

2 Term of office

Subject to this Schedule--

(a) an ex-officio member holds office indefinitely, and

(b) any other member holds office for such period as is specified in his or her instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

3 Vacancy in office

(1) The office of a member (other than an ex-officio member) becomes vacant if the member--

(a) dies, or

(b) resigns office by instrument in writing addressed to the Chief Justice of the Supreme Court, or

(c) ceases to hold the office or qualification by virtue of which he or she was eligible for appointment as a member, or

(d) has his or her appointment revoked by the person or body by whom or by which he or she was appointed.

(2) If the office of a member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.

Note : See also section 47 of the Interpretation Act 1987 with respect to appointments generally.

3A Deputies for members

(1) An ex-officio member of the Uniform Rules Committee may nominate his or her own deputy.

(1A) Each person referred to in section 8 (1) who is authorised to nominate or appoint some other person as a member of the Uniform Rules Committee may nominate or appoint a deputy for that member.

(2) In the absence of an ex-officio member or a member appointed or nominated under section 8 (1), the member's deputy--

(a) may, if available, act in the place of the member, and

(b) subject to clause 6 (6)--while so acting, has the functions of the member and is taken to be the member.

(3) In this clause,
"ex-officio member" means the Chief Justice of the Supreme Court, the President of the Court of Appeal, the Chief Judge of the Land and Environment Court, the Chief Judge of the District Court or the Chief Magistrate, but does not include any of their nominees under section 8 (1).

Part 2 - Procedure

4 General procedure

The procedure for the calling of meetings of the Uniform Rules Committee and for the conduct of business at those meetings is, subject to this Part, to be as determined by the Committee.

5 Quorum

The quorum for a meeting of the Uniform Rules Committee is 7 members, of whom at least 3 must be judicial officers.

6 Presiding member

(1) At any meeting of the Uniform Rules Committee--

(a) the Chief Justice of the Supreme Court, or

(b) the Chief Justice's nominee referred to in section 8 (1) (a),

is to preside.

(2) In the absence of the Chief Justice or the Chief Justice's nominee--

(a) the President of the Court of Appeal, or

(b) the President's nominee referred to in section 8 (1) (b),

is to preside.

(3) In the absence of--

(a) the Chief Justice or the Chief Justice's nominee, and

(b) the President of the Court of Appeal or the President's nominee,

the next most senior of the Judges of the Supreme Court who are present is to preside.

(4) In the absence of any Judge of the Supreme Court, the next most senior judicial officer who is present is to preside.

(5) The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.

(6) A person nominated as a deputy is not entitled to exercise any of the functions of a presiding member under this clause.

7 Decisions

A decision supported by a majority of the votes cast at a meeting of the Uniform Rules Committee at which a quorum is present is a decision of the Uniform Rules Committee.

8 Transaction of business outside meetings or by telephone

(1) The Uniform Rules Committee may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Committee for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Committee, but only if the members from whom votes are received in relation to the resolution would form a quorum at an ordinary meeting of the Committee.

(2) The Uniform Rules Committee may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.

(3) For the purposes of--

(a) the approval of a resolution under subclause (1), or

(b) a meeting held in accordance with subclause (2),

the presiding member and each other member have the same voting rights as they have at an ordinary meeting of the Uniform Rules Committee.

(4) A resolution approved under subclause (1) is to be recorded in the minutes of the meetings of the Uniform Rules Committee.

(5) Papers may be circulated among the members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.

9 First meeting

The first meeting of the Uniform Rules Committee is to be called by the Chief Justice of the Supreme Court in such manner as the Chief Justice thinks fit.