The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

• (1) An application by an employee for compensation under section 40(1) or (2) of the 1977 Act shall be made by originating summons issued within the period which begins when the relevant patent is granted and which expires one year after it has ceased to have effect:

Provided that, where a patent has ceased to have effect by reason of a failure to pay any renewal fee within the period prescribed for the payment thereof and an application for restoration is made to the Comptroller under section 28 of the said Act, the said period shall—

• (a) if restoration is ordered, continue as if the patent had remained continuously in effect, or

• (b) if restoration is refused, be treated as expiring one year after the patent ceased to have effect or six months after the refusal, whichever is the later.

• (2) On the day fixed for the hearing of the originating summons under Order 28, rule 2, the Court shall, without prejudice to the generality of Order 28, rule 4, give directions as to the manner in which the evidence (including any accounts of expenditure and receipts relating to the claim) shall be given at the hearing of the summons and, if the evidence is to be given by affidavit, specify the period within which the affidavit must be filed.

• (3) The Court shall also give directions as to the provision by the defendant to the plaintiff, or a person deputed by him for the purpose, of reasonable facilities for inspecting and taking extracts from the books of account by which the defendant proposes to verify the accounts mentioned in paragraph (2) or from which those accounts have been derived.

Communication of information to European Patent Office

14

• (1) The Court may authorise the communication to the European Patent Office or the competent authority of any country which is a party to the European Patent Convention of any such information in the files of the court as the Court thinks fit.

• (2) Before complying with a request for the disclosure of information under paragraph (1) the Court shall afford to any party appearing to be affected by the request the opportunity of making representations, in writing or otherwise, on the question whether the information should be disclosed.

Proceedings for determination of certain disputes

15

• (1) The following proceedings must be begun by originating motion, that is to say—

• (a) proceedings for the determination of any dispute referred to the Court under—

• (i) section 48 of the 1949 Act or section 58 of the 1977 Act;

• (ii) paragraph 3 of Schedule I to the Registered Designs Act 1949⁷⁰¹; or

• (iii) section 4 of the Defence Contracts Act 1958;

[⁷⁰² ...]

• (2) There must be at least 10 clear days between the serving of notice of a motion under this rule and the day named in the notice for hearing the motion.

• (3) On the hearing of a motion under this rule the Court shall give such directions for the further conduct of the proceedings as it thinks necessary or expedient and, in particular, directions for the service of particulars and as to the manner in which the evidence shall be given and as to the date of the hearing.

Application for rectification of register of patents or designs

16

• (1) An application to the Court for an order that the register of patents or the register of designs be rectified must be made by originating motion, except where it is made in a petition for the revocation of a patent or by way of counterclaim in proceedings for infringement or by originating summons in proceedings for an order under section 51 of the Trustee Act (Northern Ireland) 1958⁷⁰³.

• (2) Where the application relates to the register of patents, the applicant shall forthwith serve an office copy of the application on the comptroller, who shall be entitled to appear and to be heard on the application.

Counterclaim for rectification of register of designs

17

• (1) Where in any proceedings a claim is made for relief for infringement of the copyright in a registered design, the party against whom the claim is made may in his defence put in issue the validity of the registration of that design or may counterclaim for an order that the register of designs be rectified by cancelling or varying the registration or may do both those things.

• (2) A party to any such proceedings who in his pleading (whether a defence or counterclaim) disputes the validity of the registration of a registered design must serve with the pleading particulars of the objections to the validity of the registration on which he relies in support of the allegation of invalidity.

• (3) A party to any such proceedings who counterclaims for an order that the register of designs be rectified must serve on the Comptroller a copy of the counterclaim together with a copy of the particulars mentioned in paragraph (2); and the Comptroller shall be entitled to take such part in the proceedings as he thinks fit but need not serve a defence or other pleading unless ordered to do so by the Court.

[ Publication of Judgments

18

Order 100, rule 8 shall apply to proceedings under this Order.]

I. INTERPRETATION

Definitions

1

In this Order—

• “the Act of 1920” means the Maintenance Orders (Facilities for Enforcement) Act, 1920⁷⁰⁵;

• “the Act of 1950” means the Maintenance Orders Act, 1950⁷⁰⁶;

• “the Act of 1958” means the Maintenance Orders Act, 1958⁷⁰⁷;

• “the Act of 1966” means the Maintenance and Affiliation Orders Act (Northern Ireland) 1966⁷⁰⁸;

• “the Act of 1972” means the Maintenance Orders (Reciprocal Enforcement) Act 1972⁷⁰⁹;

• “the Office” means the Probate and Matrimonial Office.

II. PROCEEDINGS UNDER THE ACT OF 1920

Registration, etc., of orders under Act of 1920

2

• (1) The prescribed officer for the purposes of section 1(1) of the Act of 1920 shall be the Master, and on receiving from the Secretary of State a copy of a maintenance order made by a court in any part of Her Majesty’s dominions outside the United Kingdom to which the Act of 1920 extends he shall cause the order to be registered in the register kept for the purpose of that Act (in this rule referred to as “the register”).

The copy of the order received from the Secretary of State shall be filed in the Office.

• (2) An application for the transmission of a Northern Ireland maintenance order under section 2 of the Act of 1920 shall be made to the Master by lodging in the Office a certified copy of the order and an affidavit by the applicant stating the applicant’s reasons for believing that the person liable to make payments under the order is resident in some part of Her Majesty’s dominions outside the United Kingdom to which the Act of 1920 extends, together with full particulars, so far as known to the applicant, of that person’s address and occupation and any other information which may be required by the law of that part of Her Majesty’s dominions for the purpose of the enforcement to the order.

• (3) If it appears to the Master that the person liable to make payments under the Northern Ireland maintenance order is resident in some part of Her Majesty’s dominions outside the United Kingdom to which the Act of 1920 extends, he shall send the certified copy of the order to the Secretary of State for transmission to the Governor of that part of Her Majesty’s dominions.

Particulars of any Northern Ireland maintenance order sent to the Secretary of State under the said section 2 shall be entered in the register and the fact that this has been done shall be noted in the court minutes.

• (4) Any person who satisfies the Master that he is entitled to or liable to make payments under a Northern Ireland maintenance order or a maintenance order made by a court in any part of Her Majesty’s dominions outside the United Kingdom to which the Act of 1920 extends, or a solicitor acting on behalf of any such person or, with the leave of the Master, any other person, may inspect the register and bespeak copies of any order which has been registered and of any document filed therewith.

• (5) In this rule “Northern Ireland maintenance order” means a maintenance order made by the High Court.

III. PROCEEDINGS UNDER PART II OF THE ACT OF 1950 AND PART I OF THE ACT OF 1958

Interpretation of Part III

3

In this Part of this Order—

• “Deputy Principal Clerk” means the Deputy Principal Clerk of Session;

• “Senior Registrar” means the Senior Registrar of the Principal Registry of the Family Division of the High Court of Justice in England and Wales;

• “Northern Ireland Order” means a maintenance order made by the High Court;

• “English order” means a maintenance order made by the High Court of Judicature in England and Wales;

• “Scottish order” means a maintenance order made by the Court of Session;

• “Maintenance order” means a maintenance order to which section 16 of the Act of 1950 applies;

• “the register” means the register kept for the purpose of the Act of 1950 and the Act of 1958;

• “a magistrates’ court” means a magistrates’ court in England and Wales;

Registration, etc., of Northern Ireland Order under the Act of 1950

4

• (1) An application for the registration of a Northern Ireland order under Part II of the Act of 1950 may be made by lodging with the master—

• (a) a letter of application;

• (b) an affidavit by the applicant;

• (c) a copy of that affidavit; and

• (d) a certified copy of the order.

• (2) The affidavit lodged under paragraph (1) shall state—

• (a) the address in the United Kingdom, and the occupation of the person liable to make payments under the order;

• (b) the date of service of the order on the person liable to make payments thereunder or, if the order has not been served, the reason why service has not been effected;

• (c) the reason why it is convenient that the order should be enforceable in England and Wales or Scotland as the case may be;

• (d) the amount of any arrears due to the applicant under the order, and

• (e) that the order is not already registered.

• (3) If it appears to the Master that the person liable to make payments under the order resides in England and Wales or Scotland and that it is convenient that the order should be enforceable there, he shall send a certified copy of the order and the applicant’s affidavit to the Senior Registrar or the Deputy Principal Clerk as the case may be.

• (4) The prescribed officer for the purposes of the Act of 1950 and the Act of 1958 shall be the Master.

• (5) On receipt of notice of the registration of a Northern Ireland order in the Supreme Court of Judicature in England and Wales or the Court of Session the Master shall cause particulars of the notice to be entered in Part I of the register.

• (6) The fact that the order has been registered in the Supreme Court of Judicature in England and Wales or the Court of Session shall be noted in the court minutes.

Re-registration of a Northern Ireland Order in a Magistrates’ Court under Part I of the Act of 1958

5

• (1) Where a Northern Ireland order has been registered in the Supreme Court of Judicature in England and Wales under Part II of the Act of 1950 an application under Part I of the Act of 1958 for the registration of that order in a magistrates’ court shall be made by lodging with the Master—

• (a) a letter of application;

• (b) an affidavit by the applicant;

• (c) a copy of the affidavit; and

• (d) a certified copy of the order.

• (2) The affidavit lodged under paragraph (1) shall state—

• (a) the date of the registration of the order in the Supreme Court of Judicature in England and Wales under Part II of the Act of 1950;

• (b) the address and occupation of the person liable to make payments under the order;

• (c) the reason why registration of the order in a magistrates’ court is desired;

• (d) the amount of any arrears due under the order, the date to which those arrears have been calculated and the date on which the next payment under the order falls due;

• (e) the date of birth of each child named in the Order;

• (f) whether any proceedings are pending for the enforcement of the order; and

• (g) that the order is not already registered under the Act of 1958 or if the order has been registered under that Act, whether the registration has been cancelled.

• (3) The period required to be subscribed by rules of court for the purpose of section 2(2) of the Act of 1958 shall be 14 days.

• (4) If the application is granted the Master shall send to the clerk of the appropriate magistrates’ court—

• (a) the copy of the affidavit;

• (b) a certified copy of the Northern Ireland order; and

• (c) a copy of the order granting the application.

• (5) On receiving notice that the order has been registered in a magistrates’ court the Master shall enter particulars of the registration in Part I of the register and in the Court minutes.

Discharge or variation of registered order

6

Where the High Court makes an order varying or discharging a Northern Ireland order registered under the Act of 1950 the Master shall send to the Senior Registrar or the Deputy Principal Clerk, as the case may be, and where the order is re-registered in a magistrates’ court under the Act of 1958 to the clerk of that court, a certified copy of the order varying or discharging the registered order.

Cancellation of registration

7

Where the registration of a Northern Ireland order registered in the Supreme Court of Judicature in England and Wales or the Court of Session under the Act of 1950 is cancelled under section 24(1) of the Act of 1950, and where the order is registered in a magistrates’ court under the Act of 1958 the registration in that court is cancelled under section 5 of the Act of 1958 the Master on receipt of notice of cancellation shall cause particulars of it to be entered in Part I of the register.

Registration, etc. of English and Scottish Orders

8

• (1) In relation to an English or Scottish order the prescribed officer for the purposes of section 17(2) of the Act of 1950 shall be the Master.

• (2) On receipt of a certified copy of an English or Scottish order for registration, the Master shall—

• (a) cause the order to be registered in Part II of the register and notify the Senior Registrar or Deputy Principal Clerk as the case may be, that this has been done;

• (b) file the certified copy and any statutory declaration or affidavit as to the amount of any arrears due under the order.

• (3) An application under section 21(2) of the Act of 1950 by a person liable to make payments under a Scottish order registered in the High Court to adduce before the Court such evidence as is mentioned in that section shall be made by lodging a request for an appointment before the Master; and notice of the day and time fixed for hearing shall be sent by post to the applicant and to the person entitled to payments under the order.

• (4) The prescribed officer to whom notice of the discharge or variation of an English or Scottish order registered in the High Court is to be given under section 23(1)(a) of the Act of 1950 shall be the Master to whom a certified copy of the order was sent for registration, and on receipt of the notice he shall cause particulars of it to be registered in Part II of the register.

• (5) An application under section 24(1) of the Act of 1950 for the cancellation of the registration of an English or Scottish order shall be made ex parte by affidavit to the Master, and the Master, if he cancels the registration, shall note the cancellation in Part II of the register and send notice of the cancellation to the Senior Registrar or Deputy Principal Clerk, as the case may be.

Inspection of register

9

Any person who satisfies the Master that he is entitled to or liable to make payments under a maintenance order of a superior court or a solicitor acting on behalf of any such person or, with the leave of the Master any other person, may inspect the register and bespeak copies of any such order which is registered in the High Court under Part II of the Act of 1950 and of any statutory declaration or affidavit filed therewith.

IV. REGISTRATION, ETC. OF CERTAIN ORDERS UNDER THE ACT OF 1966

Interpretation of Part IV

10

• (1) In this Part of this Order—

• “maintenance order” has the meaning assigned to it by section 10(2) of the Act of 1966;

• “proper officer” means the Master;

• “the register” means any register kept for the purposes of the Act of 1966.

Application for registration

11

• (1) An application under section 11 of the Act of 1966 for the registration in a court of summary jurisdiction of a maintenance order made by the High Court may be made—

• (a) on the making of the maintenance order or an order varying the maintenance order; or

• (b) at any other time by lodging with the proper officer a certified copy of the maintenance order and an affidavit by the applicant, together with a copy thereof, stating—

• (i) the address and occupation of the person liable to make payments under the maintenance order;

• (ii) the reason why registration of the maintenance order in a court of summary jurisdiction is desired;

• (iii) the amount of any arrears due to the applicant under the maintenance order, the date to which those arrears have been calculated and the date on which the next payment under the maintenance order falls due;

• (iv) the date of birth of each child named in the maintenance order;

• (v) that the maintenance order is not already registered under the Act of 1966; and

• (vi) whether any proceedings are pending for the enforcement of the maintenance order.

• (2) Where such application is granted, the applicant must, if he has not already done so, lodge with the proper officer a certified copy of the maintenance order and, where the application was granted on the making of the maintenance order or any order varying the maintenance order, a statement signed by the applicant or his solicitor, and a copy thereof, giving the address of the person entitled to receive payments under the maintenance order and the particulars mentioned in paragraph (1)(b)(i),(iii) and (iv).

• (3) The period required to be prescribed by rules of Court for the purpose of section 11(2) of the Act of 1966 shall be 14 days.

• (4) The proper officer shall cause the certified copy of a maintenance order required by the said section 11(2) to be sent to the clerk of petty sessions [⁷¹⁰ . . .] indorsed with a note that the application for registration of the maintenance order has been granted and to be accompanied by a copy of the affidavit or statement lodged under paragraph (1) or (2), as the case may be.

• (5) On receipt of notice that a maintenance order made by the High Court has been registered in a court of summary jurisdiction in accordance with section 11(5) of the Act of 1966, the proper officer shall enter particulars of the registration in the Court minutes.

Registration of order made by a court of summary jurisdiction

12

On receipt of a certified copy of a maintenance order made by a court of summary jurisdiction sent to him pursuant to section 11(4)(c) of the Act of 1966, the Master, who is the prescribed officer for the purpose of that section, shall cause the order to be registered in the High Court by filing the copy and making an entry in the register and shall notify the clerk of petty sessions that the maintenance order has been duly registered.

Variation or discharge of registered order

13

• (1) Where the High Court makes an order varying or discharging a maintenance order registered in a court of summary jurisdiction under Part II of the Act of 1966, the proper officer shall send a certified copy of the first-mentioned order to the clerk of petty sessions concerned.

• (2) Where a certified copy of an order varying a maintenance order made by the High Court and registered in a court of summary jurisdiction under Part II of the Act of 1966 is received from the clerk of petty sessions, the proper officer shall file the copy and enter particulars of the variation in the Court minutes.

• (3) Where a certified copy of an order varying or discharging a maintenance order made by a court of summary jurisdiction and registered in the High Court under Part II of the Act of 1966 is received from a clerk of petty sessions the proper officer shall—

• (a) file the copy; and

• (b) enter particulars of the variation or discharge in the register.

Appeal from variation, etc. of order by court of summary jurisdiction

14

Order 55 shall apply to an appeal which lies to a Judge of the High Court under section 13(8) of the Act of 1966.

Cancellation of registration

15

• (1) A notice under section 14 of the Act of 1966 by a person entitled to receive payments under a maintenance order registered in the High Court must be given to the proper officer.

• (2) Where the High Court gives notice under the said section 14, the proper officer shall endorse the notice on the certified copy mentioned in rule 13(1).

• (3) Where notice under section 14 of the Act of 1966 is given in respect of a maintenance order registered in the High Court, the proper officer, on being satisfied by an affidavit by the person entitled to receive payments under the order that no proceedings for the enforcement of the order are pending, shall—

• (a) cancel the registration by entering particulars of the notice in the register; and

• (b) send notice of the cancellation to the clerk of petty sessions [⁷¹¹ . . .] stating, if such be the case, that the cancellation is in consequence of a notice given under subsection (1) of section 14 of the Act of 1966.

• (4) On receipt of notice from a clerk of petty sessions that the registration in a court of summary jurisdiction under the Act of 1966 of a maintenance order made by the High Court has been cancelled, the proper officer shall enter particulars of the cancellation in the Court minutes.

V. PROCEEDINGS UNDER THE ACT OF 1972

Interpretation of Part V

16

In this Part of this Order—

• (a) any reference to a provision of the Act of 1972 (c.18) in relation to a country or territory with respect to which an Order in Council has been made under section 40 of that Act is a reference to that provision as applied by the Order in Council;

• (b) for the purposes of sections 2(3), 5(4) and 14 of the Act of 1972 the prescribed officer shall be the Master.

Application for transmission of maintenance order to reciprocating country

17

An application for a maintenance order to be sent to a reciprocating country under section 2 of the Act of 1972 shall be made by lodging in the Office—

• (a) an affidavit by the applicant stating—

• (i) the applicant’s reason for believing that the payer under the maintenance order is residing in that country, and

• (ii) the amount of any arrears due to the applicant under the order, the date to which those arrears have been calculated and the date on which the next payment under the order falls due;

• (b) a certified copy of the maintenance order;

• (c) a statement giving such information as the applicant possesses as to the whereabouts of the payer;

• (d) a statement giving such information as the applicant possesses for facilitating the identification of the payer (including, if known to the applicant, the name and address of any employer of the payer, his occupation and the date and place of issue of any passport of the payer), and

• (e) if available to the applicant, a photograph of the payer.

Certification of evidence given on provisional order

18

Where the High Court makes a provisional order under section 5 of the Act of 1972, the document required by subsection (4) of that section to set out or summarise the evidence given in the proceedings shall be authenticated by a certificate signed by the Master.

Confirmation of provisional order

19

• (1) On receipt by the High Court of a certified copy of a provisional order made in a reciprocating country, together with the document mentioned in section 5(5) of the Act of 1972, the master shall fix a time and place for the Court to consider whether or not the provisional order should be confirmed, and shall send to the payee under the maintenance order notice of the time and place so fixed together with a copy of the provisional order and of that document.

• (2) The Master shall send to the court which made the provisional order a certified copy of any order confirming or refusing to confirm that order.

Taking of evidence for court in reciprocating country

20

• (1) The High Court shall be the prescribed court for the purposes of taking evidence pursuant to a request by a court in a reciprocating country under section 14 of the Act of 1971 where—

• (a) the request for evidence relates to a maintenance order made by a superior court in the United Kingdom, and

• (b) the witness resides in Northern Ireland.

• (2) The evidence may be taken before a judge or officer of the High Court as the court thinks fit and the appropriate provisions of these Rules relating to the examination on oath before a Judge, an officer or examiner of the court or some other person, of any witness or person shall apply with the necessary modifications.

Notification of variation or revocation

21

Where the High Court makes an order (other than a provisional order) varying or revoking a maintenance order a copy of which has been sent to a reciprocating country in pursuance of section 2 of the Act of 1972, the Master shall send a certified copy of the order to the court in the reciprocating country.

Transmission of documents

22

Any document required to be sent to a court in a reciprocating country under section 5(4) or section 14(1) of the Act of 1972 or by rule 19(2) or 21 shall be sent to the Secretary of State for transmission to that court unless the Master is satisfied that, in accordance with the law of the country, the document may properly be sent by him direct to that court.

Application of Part V to the Republic of Ireland

23

• (1) In relation to the Republic of Ireland rules 16 to 22 shall have effect subject to the provisions of this rule.

• (2) For the words “a reciprocating country” wherever they occur there shall be substituted the words “the Republic of Ireland”.

• (3) In rule 16(2) for the reference to section 5(4) there shall be substituted a reference to section 5(2).

• (4) the following paragraphs shall be added to rule 17;

(f) a statement as to whether or not the payer appeared in the proceedings in which the maintenance order was made and, if he did not, the original or a copy certified by the applicant or his solicitor to be a true copy of a document which establishes that notice of the institution of the proceedings was served on the payer; (g) a document which establishes that notice of the order was sent to the payer; and (h) if the payee received legal aid in the proceedings in which the order was made, a copy certified by the applicant or his solicitor to be a true copy of the legal aid certificate

• (5) For rule 18 there shall be substituted the following rule:

(18) Where an application is made to the High Court for the variation or revocation of an order to which section 5 of the Act of 1972 applies, the certified copy of the application and the documents required by subsection (2) of that section to set out or summarise the evidence in support of the application shall be authenticated by a certificate signed by the Master

• (6) Rule 19 shall not apply.

• (7) For rule 21 there shall be substituted the following rule:

(21) Where the High Court makes an order varying or revoking a maintenance order to which section 5 of the Act of 1972 applies, the Master shall send a certified copy of the order and a statement as to the service on the payer of the documents mentioned in subsection (2) of that section to the court in the Republic of Ireland by which the maintenance order is being enforced

• (8) Rule 22 shall not apply.

VI. [ ATTACHMENT OF EARNINGS ORDERS UNDER THE JUDGMENTS ENFORCEMENT (NORTHERN IRELAND) ORDER 1981]

Interpretation

24

In this part of this Order—

• [⁷¹² “the Order of 1981” means the Judgments Enforcement (Northern Ireland) Order 1981⁷¹³;

• “the Order of 1978” means the Matrimonial Causes (Northern Ireland) Order 1978⁷¹⁴;

• “maintenance order” means any order specified in [⁷¹² Article 98(a) of the Order of 1981];

Application for attachment of earnings order by the person entitled to payments

25

• (1) Where the person to whom payments are required to be made under a maintenance order desires to apply to the High Court under [⁷¹² Article 99 of the Order of 1981] for an attachment of earnings order to secure those payments the application must be made by summons, issued out of the Office.

The defendant or respondent to the summons (in this order referred to as “the defendant”) shall be the person liable to make payments under the maintenance order and any application under Article 34 of the Order of 1978 [⁷¹⁵ or paragraph 56 of Schedule 15 to the Civil Partnership Act 2004] for leave to enforce payment of any arrears which become due more than 12 months before the issue of the summons shall be made by the summons.

• (2) The summons must be supported by an affidavit by the applicant stating—

• (a) particulars of the maintenance order;

• (b) the date of service of the maintenance order on the defendant or, if the order has not been served, the reason why service has not been effected;

• (c) the amount of any arrears due to the applicant under the maintenance order, the date to which those arrears have been calculated and the date on which the next payment under the order falls due;

• (d) particulars of any proceedings which have been taken for the enforcement of the maintenance order;

• (e) the name and address of any person believed to be the defendant’s employer;

• (f) such of the following particulars relating to the defendant as are known to the applicant, that is to say—

• (i) his full name and address,

• (ii) his place of work,

• (iii) the nature of his work and his works number, if any;

• (g) such other facts relevant to the names of the defendant as are known to the applicant and in particular details of any other attachment of earnings order made by any other court must be given.

• (3) Unless the Court otherwise directs, the summons, together with a copy of the affidavit in support, must be served on the defendant personally or by post at least 14 days before the return day and the defendant may, within 10 days after the service, file an affidavit in answer and in that case must serve a copy of his affidavit on the applicant within 3 days after filing it.

Notice to employer

26

Without prejudice to the powers conferred by [⁷¹⁶ Article 103 of the Order of 1981], the Court may at any stage of the proceedings send to any person appearing to have the debtor in his employment a notice requesting him to give to the Court within such period as may be specified in the notice a statement of the debtor’s earnings and anticipated earnings with such other particulars as may be so specified.

Exercise of power to obtain statement of earnings

27

An order under [⁷¹⁶ Article 103 of the Order of 1981] shall be endorsed with or incorporate a notice warning the person to whom it is directed of the consequences of disobedience to the order and shall be served on him personally.

Application for attachment of earnings order by person liable to make payments

28

An application by the person liable to make payment under a maintenance order of the High Court for an attachment of earnings order to secure those payments may be made on the making of the maintenance order or an order of the High Court varying the maintenance order.

Form and service of order

29

• (1) An attachment of earnings order must be made in Form No. 49 in Appendix A and the particulars of the defendant required to be given in the first paragraph of that form shall, so far as they are known to the Court, be the prescribed particulars for the purposes of [⁷¹⁶ Article 99(4) of the Order for 1981].

• (2) The Court shall cause a copy of an attachment of earnings order and of any order varying or discharging such an order to be served on the defendants and on the person to whom the attachment of earnings order is directed.

• (3) Notwithstanding any provision of these Rules relating to the service of documents, service under this rule of a copy of an order on a person other than a corporation shall be effected by sending the copy to him at his last known place of residence or, where he is the person to whom the attachment of earnings order is directed, as his place of business.

• (4) Service under this rule of a copy of an order on a corporation shall be effected by sending the copy to it at—

• (a) such address, if any, as the corporation may in a written request to the Court have specified for the purpose of this rule in relation to the defendant or to the class or description of persons to which he belongs, or

• (b) the registered office of the corporation or, if the corporation has no registered office, any place where it resides or carries on business.

• (5) A copy of [⁷¹⁶ Schedule 1 to the Order of 1981] shall be served with or annexed to the attachment of earnings order.

Application to revive an attachment of earnings order

30

• (1) An application to revive an attachment of earnings order shall be treated as if it were an application for such an order under rule 25.

• (2) A copy of the order for the revival of which the application is made shall be lodged with the application.

• (3) Upon making an order under this role the original attachment of earnings order may be varied as the Court may think fit.

Notice of cessation of order

31

Where an attachment of earnings order ceases to have effect by virtue of [⁷¹⁷ Article 102(7) or (8) of the Order of 1981], the notice of the cessation required by [⁷¹⁷ Article 102(9) of that Order] to be given to the person to whom the order was directed shall be given by the Master if the related maintenance order—

• (a) was made by the High Court and is not registered in a court of summary jurisdiction under Part II of the Act of 1966, or

• (b) was made by a court of summary jurisdiction and is registered in the High Court under the said Part II, or

• (c) has ceased to be registered in the High Court under Part II of the Act of 1950.

Discharge or variation by court of own motion

32

• (1) Subject to paragraph 5, the powers conferred by [⁷¹⁷ Article 102(1) of the Order of 1981] may be exercised by the Court of its own motion in the circumstances mentioned in the following paragraphs.

• (2) Where it appears to the Court that a person served with an attachment of earnings order directed to him has not the defendant in his employment, the Court may discharge the order.

• (3) Where an attachment of earnings order which has lapsed under [⁷¹⁷ Article 102(5) of the Order of 1981] is again directed to a person who appears to the Court to have the defendant in his employment, the Court may make such consequential variations in the order as it thinks fit.

• (4) Where, after an attachment of earnings order has been made, it appears to the Court that the related maintenance order has ceased to have effect, whether by virtue of the terms of the maintenance order or under paragraph 2 of Schedule 3 to the Order of 1978 or otherwise, the Court may discharge or vary the attachment of earnings order.

• (5) Before discharging or varying an order of its own motion under any of the foregoing paragraphs, the Court shall, unless it thinks it unnecessary in the circumstances to do so, give the defendant and the person entitled to payment under the related maintenance order an opportunity of being heard on the question whether the order should be varied or discharged, and for that purpose the Master may give them notice of a date, time and place at which the question will be considered.

Application to determine whether payments are earnings

33

An application to the High Court under [⁷¹⁷ Article 105(1) of the Order of 1981] must be made by summons returnable not less than 4 days after service thereof on the person (other than the applicant) who is also entitled to make the application.

Notification of making an attachment of earnings order

34

• (1) The proper officer of the court shall notify the Enforcement of Judgments Office when at attachment of earnings order has been made.

• (2) The notification under paragraph (1) shall specify the amount of earnings attached under the order.

Interpretation

1

In this Order—

• “the Order” means the Solicitors (Northern Ireland) Order 1976⁷¹⁸ and an Article referred to by number means the Article so numbered in that order;

• “Law Society” means the [⁷¹⁹ ...] Law Society of Northern Ireland;

• [⁷²⁰ “the Tribunal” means the Solicitors Disciplinary Tribunal appointed under Article 43;]

• [⁷²¹ In rules 10 to 15 “appeal” means an appeal to the High Court under Article 53(2) against an order made by the Tribunal.]

[ Jurisdiction under Part V of and Schedule 1A to the Order exercisable by a judge in chambers

2

Any application to the High Court under Part V of or Schedule 1A to the Order may be made to a judge in chambers.]

[ Application to the Master (Taxing Office) for order for taxation

2A

• (1) An application to the Master (Taxing Office) under Article 71F(2) shall be made by originating summons and shall be served, together with an affidavit of facts, on every other party at least 4 days before the date of hearing.

• (2) An appeal shall lie to a judge in chambers from any order of the Master (Taxing Office) under the said Article 71F(2) and Order 58 rule 1 shall apply to such appeal.

Application to the Master (Taxing Office) for examination of contentious business agreement

2B

• (1) An application to the Master (Taxing Office) for the examination of a contentious business agreement under Article 66(3) or 67 shall be made in Form No.49A in Appendix A and shall be served, together with an affidavit of facts, on every other party at least 4 days before the date specified for the hearing of the application.

• (2) A copy of the agreement shall be lodged in the Supreme Court Taxing Office at the time the notice of application is issued.]

Power to order solicitor to deliver cash account, etc.

3

• (1) Where the relationship of solicitor and client exists or has existed, the Court may, on the application of the client or his personal representatives, make an order for—

• (a) the delivery by the solicitor of a cash account;

• (b) the payment or delivery up by the solicitor of money or securities;

• (c) the delivery to the plaintiff of a list of the moneys or securities which the solicitor has in his possession or control on behalf of the plaintiff;

• (d) the payment into or lodging in court of any such moneys or securities.

• (2) An application for an order under this rule must be made by originating summons.

• (3) If the defendant alleges that he has a claim for costs, the Court may make such order for the taxation and payment, or securing the payment thereof and the protection of the defendant’s lien, if any, as the Court thinks fit.

Appearance to originating summons unnecessary

4

No appearance need be entered to an originating summons under this Order.

Application under rule 3 and, Schedule 1 to the Order

5

• (1) Proceedings in the High Court under rule 3 and Schedule 1 to the Order shall be assigned to the Chancery Division.

• (2) The originating summons by which an application for an order under the said rule or Schedule is made must be entitled in the matter of a solicitor or a deceased solicitor, as the case may be, [⁷²⁴ ...] and in the matter of the Order;

• (3) Where an order has been made under paragraph 3(1)(b), 9 or 15(1) of the said Schedule an application for an order under paragraph 5, 13(1) or 19 may be made by summons in the proceedings in which the first mentioned order was made.

Defendants to applications under Schedule 1 to the Order

6

The defendant to an originating summons by which an application for an order under Schedule 1 to the Order is made shall be—

• (a) if the application is for an order under paragraph 9 thereof, the solicitor or, as the case may be, every member of the firm, on whose behalf the money in respect of which the order is sought is held;

• (b) if the application is for an order under paragraph 5 or 11 thereof, the Law Society;

• (c) if the application is for an order under paragraph 3(1)(b) thereof, the person against whom the order is sought;

• (d) if the application is for an order under paragraph 15 thereof for the re-direction of postal packets addressed to a solicitor or his firm, the solicitor or, as the case may be, every member of the firm;

• (e) if the application is for an order under paragraph 16 thereof, the solicitor or personal representative in substitution for whom the appointment of a new trustee is sought and, if he is a co-trustee, the other trustee or trustees.

Interim order restricting payment out of banking account

7

At any time after the issue of an originating summons by which an application for an order under paragraph 9 of Schedule 1 to the Order is made, the Court may, on the ex parte application of the plaintiff, make an interim order under that paragraph to have effect until the hearing of the summons and include therein a further order requiring the defendant to show cause at the hearing why an order under that paragraph should not be made.

Adding parties etc.

8

Without prejudice to its power under Order 15, the Court may at any stage of proceedings under Schedule 1 to the Order, order any person to be added as a party to the proceedings or to be given notice thereof.

Service of documents

9

• (1) Any document required to be served on the Law Society in proceedings under this Order shall be served by sending it by prepaid post to the Secretary of the Law Society.

• (2) Subject to paragraph (1) an originating summons by which an application under Schedule 1 to the Order is made, an order under paragraph 9 of that Schedule or rule 7 and any other document not required to be served personally which is to be served on a defendant to proceedings under the said Schedule shall, unless the Court otherwise directs, be deemed to be properly served by sending it by prepaid post to the defendant at his last known address.

Title, service, etc. of notice of motion

10

• (1) The notice of the originating motion by which an appeal from the [⁷²⁵ Tribunal] is brought must be entitled in the matter of a solicitor [⁷²⁶ ...] and in the matter of the Order.

• (2) Unless the Court otherwise orders, the persons to be served with such notice are every party to the proceedings before the [⁷²⁵ Tribunal] and the Law Society.

[⁷²⁷ ...]

Law Society to produce certain documents

11

• (1) Within 14 days after being served with notice of the originating motion by which an appeal is brought the Law Society must lodge in the Central Office three copies of each of the following documents:—

• (a) the order appealed against together with the statement of the [⁷²⁵ Tribunal] findings required by Article 52;

• (b) any document lodged by a party with the [⁷²⁵ Tribunal] findings which is relevant to a matter in issue on the appeal; and

• (c) the transcript of the shorthand note, or as the case may be, the copy taken by the chairman of the [⁷²⁵ Tribunal] of the evidence in the proceedings before them.

• (2) At the hearing of the appeal the Court shall direct by whom the costs incurred in complying with paragraph (1) are to be borne and may order them to be paid to the Law Society by one of the parties notwithstanding that the Law Society does not appear at the hearing.

Restriction on requiring security for costs

12

No person other than an appellant who was the applicant in the proceedings before the [⁷²⁸ Tribunal] shall be ordered to give security for the costs of an appeal.

Power to require statement of [ Tribunal]

13

The Court may direct the [⁷²⁸ Tribunal] to furnish the Court with a written statement of their opinion on the case which is the subject-matter of an appeal or on any question arising therein, and where such a direction is given, the secretary of the [⁷²⁸ Tribunal] must, as soon as may be lodge three copies of such statement in the Central Office and at the same time send a copy to each of the parties to the appeal and the Secretary of the Law Society.

Persons entitled to be heard on appeal

14

A person who has not been served with notice of the originating motion by which an appeal is brought but who desires to be heard in opposition to the appeal shall, if he appears to the Court be a proper person to be so heard, be entitled to be so heard.

Discontinuance of appeal

15

• (1) An appellant may at any time discontinue his appeal by serving notice of discontinuance on the secretary of the [⁷²⁸ Tribunal] and every other party to the appeal, and if the appeal has been entered, by lodging a copy of the notice in the Central Office.

• (2) Where an appeal has been discontinued in accordance with paragraph (1) it shall be treated as having been dismissed with an order for payment by the appellant of the costs of and incidental to the appeal, including any costs incurred by the Law Society in complying with rule 11(1).

[ Appeals to the Lord Chief Justice

16

A person who appeals to the Lord Chief Justice—

• (a) in respect of the refusal of the Law Society to issue a certificate pursuant to Article 5(2);

• (b) under Article 6(4) from a decision of the Law Society in respect of an application relating to regulations made under Article 6;

• (c) under Article 14(2) from a decision of the Council of the Law Society refusing the issue of a practising certificate or imposing terms or conditions on such a certificate or subsequent certificate;

• (d) under Article 14A(6) from a decision of the Council of the Law Society to impose terms or conditions on a practising certificate or any subsequent certificate;

• (e) under Article 15(4) from a decision of the Council suspending a practising certificate;

• (f) under Article 16(7) from a decision of the Council of the Law Society not to terminate the suspension of a practising certificate or imposing terms or conditions on such a certificate or any subsequent certificate;

• (g) under Article 17A(2) from a decision of the Council of the Law Society refusing to issue a subsequent practising certificate freed from terms and conditions;

• (h) under Article 29(2) from a decision of the Council of the Law Society refusing to grant its consent or as to the terms and conditions attached to such consent under paragraph (1) of that Article;

• (i) under Article 41A(6) from a determination or direction of the Council of the Law Society;

• (j) under Article 53(1) from an order of the Tribunal;

• (k) under paragraph 2(1) of Schedule 1A from a decision of the Council of the Law Society to refuse an application for recognition of a body corporate; or

• (l) under paragraph 2(3) of Schedule 1A from a decision of the Council to revoke the recognition of a body corporate

shall lodge in the Central Office—

• (i) a petition under the hand or seal of the applicant praying for the appropriate relief and setting out the circumstances in which the application is made and the matters of fact upon which the applicant relies in support of his application; and

• (ii) an affidavit verifying the facts stated in the petition;

and shall within 2 days after lodging the said document in the Central Office lodge copies thereof at the Law Society’s Office.]

Complaints to the Lord Chief Justice

17

• (1) A complaint to the Lord Chief Justice under Article 20 (which relates to a solicitor practising without a certificate) or under Article 27(1) (which relates to a solicitor acting as agent for an unqualified person) must be made by originating summons grounded on an affidavit setting out the nature of the complaint, the circumstances in which that complaint arose and the matters of fact upon which the complainant relies.

• (2) The summons and a copy of the grounding affidavit must be served on the solicitor against whom the complaint is made and on the Law Society at least 14 days before the date of hearing.

I. GENERAL

Interpretation

1

In this Order—

• [⁷³⁰ “district” means a local government district within the meaning of Article 2 of and Schedule 1 to the Local Government (Boundaries) Order (Northern Ireland) 2012⁷³¹] and any order made thereunder.

• “Principal Secretary” means the Principal Secretary to the Lord Chief Justice.

II. COMMISSIONERS FOR OATHS

Application for appointment

2

• (1) An application for appointment as a commissioner for oaths shall be made by sending to the Principal Secretary a memorial in Form No.50 in Appendix A, together with two certificates in Form No. 51 in Appendix A, signed respectively by—

• (a) at least 6 solicitors practising in the district for which the appointment is sought, and

• (b) [⁷³² District Judges (Magistrates’ Courts)], traders and residents in such district.

• (2) The applicant shall send a copy of his memorial to every commissioner for oaths for such district.

• (3) ⁷³³ Service under paragraph (2) shall be proved by an affidavit of service exhibiting a certificate of posting by recorded delivery service.]

Objection to appointment

3

A commissioner for oaths for the district to which the application relates may object to the appointment sought in a letter to the Principal Secretary, setting forth the grounds of his objection and, before making any appointment, the Lord Chief Justice shall have regard to any such objection.

Other considerations affecting appointment

4

The Lord Chief Justice shall in any case, before making any appointment, have regard to—

• (a) the population of the district to which the application relates,

• (b) the number of commissioners for oaths already in office for such district, and

• (c) any other circumstances which he considers to be relevant.

Warrant of appointment

5

• (1) A warrant of appointment as a commissioner for oaths shall be in Form No. 52 in Appendix A hereto, and shall issue from the Lord Chief Justice’s Office.

• (2) A person appointed a commissioner for oaths shall not enter upon the duties of his office until his warrant of appointment has issued.

Conditions of appointment

6

Subject to the right of the Lord Chief Justice to specify the conditions, territory, duration or purpose of an appointment in a particular case, appointment as a commissioner for oaths shall be made in accordance with the following rules in this Part.

Revocation and variation of appointment

7

• (1) The Lord Chief Justice may at any time revoke the appointment of a commissioner for oaths or vary the conditions or limits of any such appointment.

• (2) A commissioner for oaths shall be informed forthwith in writing by the Principal Secretary of any revocation or variation of his appointment.

Solicitors and clerks of petty sessions

8

• (1) A solicitor already in office as a commissioner for oaths who does not hold a current practising certificate shall cease to be a commissioner for oaths.

• (2) A clerk of petty sessions who is a commissioner for oaths shall, on ceasing to act as clerk of petty sessions for a district specified in his warrant of appointment, cease to be a commissioner for oaths for that district.

• (3) A clerk of petty sessions in office as a commissioner for oaths at the time of his appointment to another district may apply to the Lord Chief Justice for the issue of a new warrant of appointment entitling him to act as a commissioner for oaths for that district.

• (4) Such application shall be made by letter addressed to the Principal Secretary.

III. NOTARIES PUBLIC

Application for appointment

9

• (1) An application for appointment as a notary public shall be made by sending to the Principal Secretary a memorial in Form No. 53 in Appendix A, together with a certificate in Form No. 54 in Appendix A hereto, signed by [⁷³⁴ District Judges (Magistrates’ Courts)], traders and residents in a district in which the applicant carries on practice.

• (2) The applicant shall send a copy of his memorial to every notary public practising in Northern Ireland.

• (3) ⁷³⁵ Service under paragraph (2) shall be proved by an affidavit of service exhibiting a certificate of posting by recorded delivery service.]

Objection to appointment

10

A notary public practising in Northern Ireland may object to the appointment sought in a letter to the Principal Secretary, setting forth the grounds of his objection and, before making any appointment, the Lord Chief Justice shall have regard to any such objection.

Other considerations affecting appointment

11

The Lord Chief Justice shall in any case, before making any appointment, have regard to—

• (a) the number of notaries public already practising in Northern Ireland, and

• (b) any other circumstances which he considers to be relevant.

Warrant of appointment

12

• (1) A warrant of appointment as a notary public shall be in Form No. 55 in Appendix A hereto, and shall issue from the Lord Chief Justice’s Office.

• (2) A person appointed a notary public shall not enter upon the duties of his office until his warrant of appointed has issued.

Conditions of appointment

13

Subject to the right of the Lord Chief Justice to specify the conditions, territory, duration or purpose of an appointment in a particular case, appointment as a notary public shall be made in accordance with the following rules in this Part.

Qualification

14

A notary public must be a practising solicitor of at least 6 years’ standing.

Extent of appointment

15

• (1) A notary public may exercise his notarial functions anywhere in Northern Ireland.

• (2) Notwithstanding any territorial limitation imposed by the terms of his appointment, paragraph (1) shall apply to any notary public who is in practice as such at the date of the commencement of this Order.

Revocation and variation of appointment

16

• (1) The Lord Chief Justice may at any time revoke the appointment of a notary public or vary the conditions or limits of any such appointment.

• (2) A notary public shall forthwith be informed in writing by the Principal Secretary of any revocation of his appointment.

Solicitor ceasing to practise

17

A solicitor who ceases to practise as a solicitor shall cease to be a notary public.

ORDER 108 — COURT BONDS

Application

1

This Order applies to bonds given for the purposes of any proceedings in the High Court or the Court of Appeal.

Persons to whom bonds may be given

2

Bonds may be given to any master by his official title.

Approval surety companies

3

Bonds may be given by any of the surety companies listed in the Schedule hereto.

Form of bond

4

A bond shall be in Form No. 58 in Appendix A with such variations and additions as may be approved by the master to whom it is given.

SCHEDULE — APPROVED SURETY COMPANIES

• Bank of Ireland

• Commercial Union Assurance Company Limited

• Eagle Star Insurance Company Limited

• Guardian, Royal Exchange Assurance Limited

• [⁷³⁶ Legal and General Insurance Limited]

• [⁷³⁷ London and Edinburgh Insurance Company Limited]

• Norwich Union Fire Insurance Society Limited

• Phoenix Assurance Company Limited

• Provincial Insurance Company Limited

• [⁷³⁸ Royal Insurance (U.K.) Limited]

• Scottish Union Insurance Company Limited

• The Century Insurance Company Limited

• The Insurance Corporation of Ireland Limited

• [⁷³⁹ . . .]

• [⁷⁴⁰ . . . ]

• The Prudential Assurance Company Limited

• The Sun Alliance & London Insurance Limited

• The Guarantee Society Limited

[ ORDER 109 — PATIENTS’ AFFAIRS

PART I — PRELIMINARY

Interpretation and application

1

• (1) In this Order, unless the context otherwise requires—

• “the Act” means the Judicature (Northern Ireland) Act 1978⁷⁴²;

• “controller” means controller appointed under Article 101(1) of the Order;

• “entered” means entered in the [⁷⁴³ records] of the Office of Care and Protection;

• “filed” means filed in the Office;

• “judge” means the judge for the time being to whom the business of the Family Division is assigned under section 17 of the Act and any judge of the High Court exercising jurisdiction in matters relating to patients;

• “Master” means the Master (Care and Protection) or other statutory officer acting under section 74(3) of the Act;

• “the Office” means the Office of Care and Protection;

• “officer of the Court” means an officer of the Office of Care and Protection;

• “order” includes a certificate, direction or authority under seal;

• “the Order” means the Mental Health (Northern Ireland) Order 1986⁷⁴⁴;

• “patient” includes a person who is alleged to be or who the Court has reason to believe may be incapable by reason of mental disorder of managing and administering his property and affairs;

• “seal” means an official seal of the Office of Care and Protection and “sealed” shall be construed accordingly;

• “stock” includes shares and also any fund, annuity or security transferable in the books kept by any body corporate or unincorporated company or society, or by an instrument of transfer either alone or accompanied by other formalities and “dividends” shall be construed accordingly;

• “Visitor” means one of the Lord Chief Justice’s Visitors appointed under Article 104 of the Order.

• (2) Where any discretion, power or other function is (in whatever words) expressed by this Order to be exerciseable by “the Court” then subject to the provisions of the Order, that discretion, power or other function may be exercised—

• (a) by the judge;

• (b) by the Master.

• (3) In this Order a form referred to by number means the form so numbered in Appendix D or a form to the like effect with such variations as the circumstances may require or the Court may approve.

• (4) This Order applies to matters in relation to the property and affairs of patients, and the other provisions of these Rules apply to those matters subject to the provisions of this Order.

PART II — EXERCISE OF JURISDICTION

Exercise of jurisdiction

2

Except where this Order otherwise provides the jurisdiction of the Court may be exercised—

• (a) without fixing an appointment for a hearing;

• (b) by the Court of its own motion or at the instance or on the application of any person interested;

• (c) whether or not any proceedings have been commenced in the Court with respect to the patient.

PART III — APPLICATIONS

Notification to the Office under Article 107 of the Order

3

A notification to the Office under Article 107 of the Order shall be in Form 1 and shall be sent to the Office within 14 days from the first ascertainment of the incapacity of the person concerned.

Forms of application

4

• (1) Subject to the following provisions of this rule, a first application to the Court for the appointment of a controller shall be in Form 2 and an application to the Court respecting the exercise of any of its other jurisdiction in relation to a patient may be by letter unless the Court directs that a formal application shall be made, in which case it shall be made in Form 3.

• (2) On grounds of urgency the Court may dispense with the need for an application in writing.

• (3) An application relating to the committal of a person for contempt of court shall be made to a judge by motion.

Short procedure

5

• (1) Without prejudice to the generality of rule 2, if it appears to the Court that—

• (a) the property of the patient does not exceed [⁷⁴⁵ £20,000] in value; or

• (b) it is otherwise appropriate to proceed under this rule,

and that it is not necessary to appoint a controller for the patient, the Court may make an order under this rule whether or not an application has been made for the appointment of a controller for the patient.

• (2) An order under this rule is an order directing an officer of the Court or some other suitable person named in the order to deal with the patient’s property, or any part thereof, or with his affairs, in any manner authorised by the Order and specified in the order.

Date for hearing

6

• (1) Upon receiving an application under rule 4 the Court shall fix a date for the hearing of the application unless it considers that the application can properly be dealt with without a hearing, and upon the same ground the Court may cancel any hearing fixed under this paragraph.

• (2) Where a hearing is fixed under paragraph (1) an officer of the Court shall endorse the date and time thereof on the application form, shall seal it and shall retain a copy.

Consolidation of proceedings

7

The Court may allow one application to be made in respect of two or more patients or may consolidate applications relating to two or more patients, if in the opinion of the Court the proceedings relating to them can be more conveniently dealt with together.

Power to direct application by officer of Court or Official Solicitor

8

Where in the opinion of the court an application ought to be made for the appointment or discharge of a controller or for the exercise of any other power conferred on the Court with respect to the property and affairs of the patient, and there appears to the Court to be no other suitable person able and willing to make the application, or the Court for any other reason thinks fit, the Court may direct that the application be made by an officer of the Court or, if he consents, by the Official Solicitor.

Representation of patient by controller

9

• (1) An application on behalf of a patient for whom a controller has been appointed shall, unless the Court otherwise directs, be made by the controller in his own name.

• (2) Subject to any directions given by the Court, a patient for whom a controller has been appointed may be represented by the controller at any hearing relating to the patient or of which the patient has been given notice.

Representation of patient by Official Solicitor

10

Where in any proceedings the Court considers that the interests of a patient for whom a controller has been appointed are not adequately represented by the Controller, the Court may, if he consents, direct that the Official Solicitor shall act as solicitor for the patient either generally in the proceedings or for any particular purpose connected with the proceedings, so, however, that it shall not be necessary to appoint the Official Solicitor to be controller or guardian ad litem for the patient.

Persons under disability

11

• (1) In this rule “person under disability” means a minor or a patient for whom no controller has been appointed.

• (2) A person under disability shall not make an application in proceedings relating to another person except by his next friend and shall not resist, or attend the hearing of, an application in any such proceedings except by his guardian ad litem.

• (3) Where a person is to be appointed next friend or guardian ad litem of a person under disability in substitution for the person previously acting as next friend or guardian ad litem, the appointment shall be made by the Court but, except as aforesaid, an order of the Court appointing a next friend or guardian ad litem of a person under disability shall not be necessary.

• (4) Before the name of any peron is used in any proceedings as next friend or guardian ad litem of a person under disability there shall be filed—

• (a) a written consent of the first-mentioned person to act as next friend or guardian ad litem, as the case may be, of the person under diability in the proceedings, and

• (b) a certificate by the solicitor acting for the person under disability certifying—

• (i) that he knows or believes that the person to whom the certificate relates is a minor or patient giving (in the case of a patient) the grounds of his knowledge or belief, and

• (ii) except where the person named in the certificate as next friend or guardian ad litem is the Official Solicitor, that the person so named has no interest in the proceedings adverse to that of the person under disability.

Application under section 35(9) of the Trustee Act (Northern Ireland) 1958

12

No application may be made to the Court under section 35(9) of the Trustee Act (Northern Ireland) 1958⁷⁴⁶ for leave to appoint a new trustee in place of a patient unless the person intending to make the appointment is an applicant.

Application under Article 99(1)(k) of the Order

13

An application to the Court under Article 99(1)(k) of the Order for the exercise of any power vested in a patient of appointing trustees or retiring from a trust may be made only by—

• (a) the controller for the patient, or

• (b) any person who has made an application for the appointment of a controller which has not yet been determined, or

• (c) a continuing trustee, or

• (d) any other person who, according to the practice of the Chancery Division, would have been entitled to make the application if it had been made to that Division.

Application for settlement or gift of patient’s property or for execution of will of patient

14

An application under Article 99(1)(d) of the Order for an order for the settlement or gift of any property of a patient, or an application under Article 99(1)(e) of the Order for an order for execution for a patient of a will, may be made only by—

• (a) the controller for the patient, or

• (b) any person who has made an application for the appointment of a controller which has not yet been determined, or

• (c) any person, who under any known will of the patient or under his intestacy, may become entitled to any property of the patient or any interest therein, or

• (d) any person for whom the patient might be expected to provide if he were not mentally disordered, or

• (e) any other person whom the Court may authorise to make it.

PART IV — SERVICE

Notice of hearing

15

• (1) Except where this Order otherwise provides or the Court otherwise directs the applicant shall give notice of the hearing of an application in accordance with the following provisions of this rule.

• (2) Where a controller has been appointed for a patient he shall, unless he is the applicant, be given notice of the hearing of any application relating to the patient.

• (3) Where the application is one to which rule 13 above relates notice of the hearing of the application shall also be given to every person who, according to the practice of the Chancery Division, would have been required to be served with the summons if the application had been made to the Chancery Division.

• (4) Notice of the hearing of the application shall also be given to such other persons who appear to the Court to be interested as the Court may specify.

• (5) Notice of a hearing shall be given—

• (a) in the case of a first application for the appointment of a controller, or an application under rule 12, not less then ten clear days, and

• (b) in the case of any other application, not less than two clear days

before the date fixed for the hearing.

• (6) For the purposes of this rule notice of a hearing is given if a copy of the sealed application form is served on the person concerned.

Mode of service

16

Except where this Order otherwise provides any document required by this Order to be served on any person shall be served by delivering it to him personally or, if any particular case or class of case the Court so directs, by sending it to him at his last known address.

Service on solicitor

17

Where a solicitor for the person to be served with any document endorses on the document or a copy of it a statement that he accepts service on behalf of that person, the document shall be deemed to have been duly served on that person and to have been served on the date on which the endorsement was made.

Substituted service

18

Where it appears to the Court that it is impracticable for any reason to serve a document in accordance with rule 16, the Court may make an order for substituted service of the document by taking such steps as the Court may direct to bring it to the notice of the person to be served.

Service on person under disability

19

• (1) Unless the Court otherwise directs, any document required by this Order to be served on a person who is a minor or patient (in this rule referred to as a person under disability) shall be served—

• (a) in the case of a minor who is not also a patient, on his parent or guardian or, if he has no parent or guardian, on the person with whom he resides or in whose care he is;

and must be served in the manner required by this Order.

• (2) Notwithstanding anything in the foregoing paragraph, the Court may order that any document which has been served on the person under disability or on a person other than a person mentioned in that paragraph shall be deemed to be duly served on the person under disability.

• (3) Nothing in this rule shall apply to an order required by rule 38 to be served on a patient.

Notification of application for appointment of controller, etc.

20

• (1) Subject to paragraph (2) below, where—