6

For section 5 of the Civil Procedure Act 1997 substitute— Practice directions 5 1 Practice directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005. 2 Practice directions given otherwise than under subsection (1) may not be given without the approval of— a the Lord Chancellor, and b the Lord Chief Justice. 3 Practice directions (whether given under subsection (1) or otherwise) may provide for any matter which, by virtue of paragraph 3 of Schedule 1, may be provided for by Civil Procedure Rules. 4 The power to give practice directions under subsection (1) includes power— a to vary or revoke directions given by any person; b to give directions containing different provision for different cases (including different areas); c to give directions containing provision for a specific court, for specific proceedings or for a specific jurisdiction. 5 Subsection (2)(a) does not apply to directions to the extent that they consist of guidance about any of the following— a the application or interpretation of the law; b the making of judicial decisions. 6 Subsection (2)(a) does not apply to directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be given only— a after consulting the Lord Chancellor, and b with the approval of the Lord Chief Justice.