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

• (a) a first application is made for the appointment of a controller for a patient or for an order authorising a person to do any act or carry out any transaction on behalf of a patient without appointing him controller, or

• (b) the Court proposes to make an order with respect to a patient’s property under rule 5;

the patient shall be notified in such manner as the court may direct.

• (2) The Court may at any time direct that no specific notification shall be given if it is satisfied that—

• (a) the patient is incapable of understanding it, or

• (b) such notification would be injurious to the patient’s health, or

• (c) for any other reason notification ought to be dispensed with.

• (3) Where notification has been dispensed with under paragraph (2) above and the patient is in Northern Ireland, a Visitor shall, if so requested by the Court, visit him and report to the Court as to his condition and welfare.

• (4) Where the patient is a minor, notification under paragraph (1) of this rule shall be given, whether or not notification to the patient is dispensed with under paragraph (2) and unless the Court otherwise directs, to his parent or guardian or, if he has no parent or guardian, to the person with whom he resides or in whose care he is.

Certificate of service or notification

21

• (1) Subject to paragraph (2) below and unless the Court otherwise directs, a certificate of service showing where, when, how and by whom service was effected shall be filed as soon as practicable after service of a document has been effected in accordance with this Order.

• (2) The Court may if it thinks fit order that instead of, or in addition to, a certificate of service, an affidavit of service shall be filed.

• (3) The provisions of paragraphs (1) and (2) of this rule shall apply to the giving of notification under rule 20 as they apply to the service of documents and references in paragraphs (1) and (2) to service and the effecting of service shall accordingly be construed as including references to notification and the giving of notification respectively.

PART V — EVIDENCE

Affidavit evidence

22

Except where this Order provides, evidence in proceedings under this Order shall be given by affidavit.

Unsworn evidence

23

• (1) Notwithstanding rule 22, the Court may accept and act upon a statement of facts or such other evidence, whether oral or written, as the Court considers sufficient, although not given on oath and whether or not it would be admissible in a court of law apart from this rule.

• (2) The Court may give directions as to the manner in which a statement of facts or other written evidence under paragraph (1) above is to be given but subject to such directions any such statement or other evidence shall—

• (a) be drawn up in numbered paragraphs and dated; and

• (b) be signed by the person by whom it is made or given.

Written questions to Visitors

24

• (1) Where a Visitor’s report, or information contained in such a report, has been disclosed to any person in pursuance of Article 105(8) of the Order, the Court may, on the application of any person who appears to the Court to be interested, give leave for written questions relevant to the issues before the Court to be put to the Visitor by whom the report was made.

• (2) The questions sought to be put to the Visitor shall be submitted to the Court, which may put them to the Visitor with such amendments, if any, as it thinks fit and the Visitor shall give his replies in writing to the questions so put.

• (3) The Court may disclose the replies given by a Visitor under this rule to any person who appears to the Court to be interested, or to his legal or medical adviser, on such conditions, if any, as it thinks fit.

Cross-examination of deponent

25

Any person who has made an affidavit or given a certificate or other written evidence for use in proceedings under this Order may be ordered by the Court to attend for cross-examination.

Administration of oaths

26

The Court may direct that an oath be administered to any witness or interpreter in any proceedings before the Court.

Filing of written evidence

27

• (1) Before an affidavit, certificate or other written evidence is used in any proceedings under this Order it shall be filed but the Court may make an Order on the basis of such evidence before it is filed if the person tendering it undertakes to file it before the order is drawn up.

• (2) There shall be endorsed on every affidavit, certificate or other written evidence the name and address of the solicitor, if any, for the person on whose behalf it is filed.

Use of evidence in subsequent proceedings

28

• (1) Except where the Court otherwise directs, evidence which has been used in any proceedings related to a patient may be used at any subsequent stage of those proceedings or in any other proceedings relating to the same patient or to another member of the patient’s family.

• (2) Without prejudice to paragraph (1) above, the Master may, upon application being made for the purpose, authorise the use of any such evidence in any legal proceedings that the Master may specify.

Evidence to be filed on a first application for controller, etc.

29

• (1) On the issue of a first application for the appointment of a controller for a patient or for an order authorising any person to do any act or carry out any transaction on behalf of a patient without appointing him controller, the applicant shall, unless the Court otherwise directs, file a medical certificate and evidence of family and property.

• (2) In this rule—

• “a medical certificate” means a certificate by a medical practitioner that the patient is incapable, by reason of mental disorder, of managing and administering his property and affairs; and

• “evidence of family and property” means a certificate or, if the Court so orders in a particular case, an affidavit, giving particulars of the patient’s relatives, property and affairs and of the circumstances giving rise to the application.

• (3) Rule 23(2) above applies to unsworn evidence of family and property as it applies to unsworn evidence generally.

Evidence of patient’s death or recovery

30

Where at any stage of proceedings relating to a patient the Court has reason to believe that the patient has died or recovered, the Court may require evidence of the death or recovery to be furnished by such person as the Court thinks appropriate.

Consent to act as trustee

31

Where in any proceedings it is proposed to appoint a person to act as trustee, a written consent in Form 4 signed by him and verified by some other person shall be evidence of his consent so to act, but no such consent shall be required where the person to be appointed is an applicant in the proceedings or the proceedings are brought under section 35(9) of the Trustee Act (Northern Ireland) 1958.

Proof of amount due to public authority

32

The amount due to any public authority for the past maintenance of a patient may, unless the Court otherwise directs, be proved by the filing of an account certified under the hand of the proper officer of the authority.

PART VI — HEARING OF PROCEEDINGS

Applications to be heard in Chambers

33

Every application shall be heard in chambers unless, in the case of an application for hearing by the judge, the judge otherwise directs.

Persons attending hearing

34

The Court may determine what persons are to be entitled to attend at any stage of the proceedings relating to a patient.

Representation at hearing

35

Where two or more persons appearing at a hearing are represented by the same legal representative, the Court may, if it thinks fit, require any of them to be separately represented.

Reference of proceedings to judge

36

The Master shall, after giving such directions as he thinks fit, refer to the judge any proceedings or any question arising in any proceedings which ought by virtue of any enactment or in the opinion of the Master, to be considered by the judge.

Reference of proceedings to Master

37

The judge may refer any proceedings before him or any question arising therein to the Master for inquiry and report.

PART VII — CONTROLLERS

Interim provision

38

• (1) Where in the opinion of the Court it is necessary to make immediate provision in relation to the property and affairs of a patient for any of the matters referred to in Article 98(1) of the Order, the court may—

• (a) by certificate direct or authorise any person named therein to do any act or carry out any transaction specified in the certificate; or

• (b) by order appoint a controller ad interim for the patient and, subject to any direction given by the Court, such appointment shall continue until further order.

• (2) An order appointing a controller ad interim shall, unless the Court otherwise directs, be served upon the patient within such time as the order may specify and the patient may, within such further time as the order may specify, apply under rule 50 for the reconsideration of the order by the Court or, if the order was made by a judge, apply to have the order set aside.

Remuneration of controller

39

• (1) Where a controller is appointed for a patient, the Court may, during the control, allow the controller remuneration for his services at such amount or at such rate as the Court considers reasonable and proper and any remuneration so allowed shall constitute a debt due to the controller from the patient and his estate.

• (2) No request by a controller to have the sum payable for his remuneration fixed after the death or recovery of the patient shall be entertained unless the Court has during the control directed that remuneration be allowed and the request is made within six years from the date of the controller’s discharge.

Appointment of controllers with survivorship

40

Where in the opinion of the Court two or more persons ought to be appointed controllers for the same patient and one or more of them ought to continue to act after the death or discharge of any of the others, the Court may when appointing them controllers direct that the control shall continue in favour of the surviving or continuing controller or controllers.

PART VIII — ENTRY OF ORDERS

Sealing and filing of orders

41

Every order, certificate, direction or authority of the Court which is drawn up shall, when entered, be sealed and filed.

Entry of orders after notification to patient

42

• (1) Where—

• (a) an order is made on a first application appointing a controller for a patient or directing or authorising any person to do any act or carry out any transaction on behalf of a patient without appointing him controller, or

• (b) an order with respect to a patient’s property is made under rule 5,

the order shall not be entered until the expiration of ten clear days after the patient has been notified in accordance with rule 20(1) unless such notification is dispensed with.

• (2) Nothing in paragraph (1) above shall prevent the entry of an interim order for the protection of a patient’s property or for the application of a patient’s property for his benefit.

PART IX — SUMMONSES AND ORDERS FOR ATTENDANCE OF WITNESSES AND OTHER PERSONS

Summoning of witnesses

43

• (1) In any proceedings under this Order the Court may allow or direct any party or the Official Solicitor to take out a witness summons in Form 5 requiring the person named therein to attend before the Court and give oral evidence or produce any document.

• (2) An application by a person to be allowed to take out a witness summons shall be made by filing a statement giving—

• (a) the name and address of the person making the application and of his solicitor, if any;

• (b) the name, address and occupation of the proposed witness;

• (c) particulars of any document which the proposed witness is to be required to produce; and

• (d) the grounds on which the application is made.

• (3) A witness summons shall be served on the witness personally a reasonable time before the day fixed for his attendance, and he shall be entitled to the like conduct money and payment for expenses and loss of time as if he had been summoned to attend the trial of an action in the High Court.

Powers of Court where undue delay, etc.

44

• (1) If the Court is dissatisfied with the conduct of any proceedings or the carrying out of any order or direction of the Court whether by reason of undue delay or otherwise, the Court may require the person having the conduct of the proceedings, or any other person appearing to be responsible, to explain the delay or other cause of dissatisfaction, and may thereupon make such order for expediting the proceedings or otherwise as may be appropriate.

• (2) For the purpose of the last foregoing paragraph the Court may direct any person to make any application and to conduct any proceedings and carry out any directions which the Court may specify; and the Court may, if it thinks fit, and if he consents, appoint the Official Solicitor to act as solicitor for the patient in the proceedings in the place of any solicitor previously acting for him.

Order for examination of patient

45

In any proceedings relating to a patient a judge or the Master may make an order for the patient’s attendance at such time and place as he may direct for examination by the Master, a Visitor or any medical practitioner.

PART X — AMENDMENT

Amendment of application

46

• (1) The Court may allow or direct an applicant, at any stage of the proceedings, to amend his application in such manner and on such terms as to costs or otherwise as may be just.

• (2) The amendment may be effected by making in writing the necessary alterations of the application, but if the amendments are so numerous or of such a nature or length that written alterations would make it difficult or inconvenient to read, a fresh application amended as authorised or directed may be issued.

Clerical mistakes and slips

47

The Court may at any time correct any clerical mistakes in an order or any error arising in an order from any accidental slip or omission.

Endorsement of amendment

48

Where an application or order has been amended under rule 46 or 47, a note shall be placed on it showing the date on which it was amended and the alteration shall be sealed.

PART XI — APPEALS

Appeal from Master

49

• (1) Subject to rule 50, any person aggrieved by an order or decision of the Master may, within eight days from the date of entry of the order or, as the case may be, from the date of the decision, appeal therefrom to the judge.

• (2) The appellant shall, within the said period of eight days—

• (a) serve a notice of appeal in Form 6 on—

• (i) every person who is directly affected by the appeal, being a person who appeared, or was represented before, the Court when the order or decision was made or given, and

• (ii) any other person whom the Court may direct; and

• (b) leave a copy of the notice at the Office.

• (3) The time and place at which the appeal is to be heard shall be fixed by the Office in consultation with the judge, and the Office shall cause notice of the time and place so fixed to be sent to the appellant who shall forthwith send notice thereof to every person who has been served with notice of the appeal.

• (4) No further evidence shall be filed in support of or in opposition to the appeal without leave of the Court.

Appeal from order not made on appointment for a hearing

50

• (1) No appeal shall lie—

• (a) from any order or decision of the Court which is not made or given on an appointment for a hearing; or

• (b) at the instance of a patient from any order of the Court appointing a controller ad interim for the patient,

except in accordance with the following provisions of this rule.

• (2) Any person who is aggrieved by such an order as is mentioned in paragraph (1)(a), or a patient who is aggrieved by such an order as is mentioned in paragraph (1)(b), may apply to the Court to reconsider the order or decision, and the Office shall fix an appointment for a hearing.

• (3) No further evidence shall be filed in support of or in opposition to the application without the leave of the Court.

• (4) On the hearing of the application the Court may either confirm or revoke its previous order or decision to make or give any other order or decision which it thinks fit.

• (5) Any person aggrieved by any order or decision made or given on the hearing of the application may appeal therefrom to the judge in accordance with rule 49.

PART XII — SECURITY

Controller to give security

51

• (1) Where an order is made appointing a person other than the Official Solicitor as controller for a patient—

• (a) the person appointed shall, unless the Court otherwise directs, give such security for the due performance of his duties as the Court may approve and shall give it before acting as controller unless the Court allows it to be given subsequently; and

• (b) the order shall not be entered until the person appointed has given to the satisfaction of the Court any security required to be given by him before acting.

• (2) The Court may from time to time vary any security required.

Manner of giving security

52

• (1) Subject to any directions of the Court, security may be given in any of the following ways or partly in one of those ways and partly in another—

• (a) by a bond approved by the Court and given by the person giving security and also by—

• (i) an insurance company, group of underwriters or bank approved by the Court; or

• (ii) with the approval of the Court, two personal sureties; or

• (b) by lodging in court a sufficient sum of money or stock; or

• (c) in such other manner as the Court may approve.

• (2) A person desiring to give security in whole or in part by lodging money or stock in court shall file a form of request in Form 7 and the Court may thereupon give leave to make the lodgment and direct how any such money is to be invested and how any dividends are to be applied.

Lodgment of Security

53

Any security given by lodgment of money or stock shall be dealt with in accordance with the terms of the request filed when the lodgment was made.

Discharge of security where new security given

54

Where a controller is authorised or directed to give new security, and—

• (a) the new security has been completed, and

• (b) he has paid or secured to the satisfaction of the Court any balance due from him

the former security shall, unless the Court otherwise directs, be discharged.

Maintenance of security by bond

55

Every person who has given security by a bond shall, whenever his accounts are passed or the Court so directs, satisfy the Court—

• (a) that any premiums payable in respect of the bond have been duly paid, or

• (b) if the bond was given by personal sureties that each surety is living and within the jurisdiction and has neither been adjudicated bankrupt nor compounded with his creditors

and, if the Court is not so satisfied, it may require new security to be given or may give such other directions as it thinks fit.

PART XIII — ACCOUNTS

Passing of accounts

56

• (1) Every controller shall annually, or at such other intervals as the Court may direct, deliver his accounts to the Office and attend at or within such time as the Office may appoint to have the accounts taken and passed.

• (2) On the passing of any accounts the Court shall make all proper allowances out of the patient’s estate, including an allowance in respect of the reasonable and proper costs of the controller of passing the accounts and of any other person allowed to attend.

• (3) The Court may, if it thinks fit, direct that a controller need not account under this rule or may dispense with the passing of any accounts at any time at which they would otherwise require to be passed.

Application of balance due from controller

57

The balance found due from a controller on the passing of his accounts or so much thereof as the Court may direct, shall—

• (a) be paid by the controller into court to the credit of the proceedings and invested in such manner as the Court may direct, or

• (b) be invested or otherwise dealt with by the controller in such manner as the Court may direct.

Default of controller

58

Where a controller fails to comply with rule 56 or fails to pay into court or invest or otherwise deal with any money in accordance with any direction of the Court, the Court may disallow any remuneration which would otherwise be due to the controller and, if he has made default in paying into court or investing or otherwise dealing with any money, may charge him with interest thereon at such rate as the Court may fix, for the period of his default.

Payment of maintenance and costs

59

Unless otherwise directed, any money ordered to be paid by a controller for maintenance shall be paid out of income and any costs ordered to be paid by a controller may, when taxed or measured, be paid out of any moneys coming into his hands, after providing for any maintenance payable under this Order and fees payable under an Order made under section 116(1) of the Act.

Final accounts

60

• (1) On the discharge or death of a controller or on the death or recovery of a patient for whom a controller has been appointed, the Court shall take and pass the accounts of the controller from the foot of his last account or, if no account of his has previously been passed, from the date of his appointment, unless in the opinion of the Court the taking and passing of such accounts may properly be dispensed with.

• (2) If a balance is found due from the controller or his estate, he or his personal representatives, as the case may be, shall pay into court or otherwise deal with it as the Court may direct.

• (3) If a balance is found due to the controller or his estate, it shall be paid to him or his personal representatives, as the case may be, by the patient or out of the patient’s estate.

• (4) On payment of any balance found due from the controller, or if no balance is found due from him or the passing of his accounts has been dispensed with under paragraph (1) above, the security of the controller shall, unless the Court otherwise directs, be discharged.

Accounting by other persons

61

Rules 56 to 60 shall also apply, to the extent directed by the Court, to any person who is—

• (a) directed to deal with the patient’s property or affairs under rule 5;

• (b) directed or authorised to act under rule 38(1)(a); or

• (c) appointed a controller ad interim under rule 38(1)(b),

as they apply to a controller.

PART XIV — INQUIRIES

Inquiries as to desirability of appointment of controller, etc.

62

• (1) Where the Court has reason to believe that a controller should be appointed for a patient or that any other power conferred on the Court should be exercised with respect to the property and affairs of a patient, the court may direct—

• (a) an officer of the Court or a Visitor or, if he consents, the Official Solicitor to make inquiries and report to the Court whether it is desirable in the interests of the patient that an application should be made for that purpose; or

• (b) a Medical Visitor to visit the patient and report to the Court on the capacity of the patient to manage and administer his property and affairs.

• (2) On receiving any report pursuant to paragraph (1) above, the Court may, if it thinks fit—

• (a) direct an application to be made pursuant to rule 8; or

• (b) if the report is by a Medical Visitor and the Court is satisfied that the patient is incapable, by reason of mental disorder, of managing and administering his property and affairs, make an order appointing a controller or exercising any other power conferred on the Court with respect to the patient’s property and affairs.

Inspection of patient’s property

63

For the purpose of any proceedings relating to the property of a patient, the Court may if it thinks fit, inspect the property or direct an officer of the Court or, if he consents, the Official Solicitor to inspect the property, make any necessary inquiries and report to the Court.

Inquiries as to prior dealing with the patient’s property

64

In any proceedings relating to a patient the Court may make or cause to be made such inquiries as it thinks fit as to any dealing with the patient’s property before the commencement of the proceedings and as to the mental capacity of the patient at the time of such dealing.

Inquiries as to testamentary documents executed by patient

65

The Court may make or cause to be made inquiries whether any person has in his posssession or under his control or has any knowledge of any testamentary document executed by a patient, and may direct that person to answer the inquiries on oath and to produce any such document which is in his possession or under his control deal with it in such manner as the Court may direct.

Power to direct other inquiries

66

The Court may make or cause to be made any other inquiries which it may consider necessary or expedient for the proper discharge of its functions under the Order or this Order.

PART XV — CUSTODY AND DISPOSAL OF FUNDS AND OTHER PROPERTY

Statement of property retained or deposited

67

Where under a direction of the Court any furniture or effects of a patient are allowed to remain in the possession of, or deposited with, any person, that person shall, unless the Court otherwise directs, sign and file a statement of the furniture or effects and an undertaking not to part with them except on a direction under seal.

Stock in name of patient or controller

68

• (1) Where any stock—

• (a) is standing in the name of a patient beneficially entitled thereto; or

• (b) is standing in the name of a controller in trust for a patient, or as part of his property, and the controller dies intestate or himself becomes incapable by reason of mental disorder of acting as controller, or is out of the jurisdiction of the Court, or it is uncertain whether he is still alive, or he neglects or refuses to transfer the stock or to receive and pay over the dividends thereof as the Court directs,

the Court may order some proper person to transfer the stock into the name of the controller or, as the case may be, a new controller for the patient or into court or otherwise deal with it as the Court may direct and also to receive and pay over the dividends thereof as the Court may direct.

• (2) Where an order is made under paragraph (1) above or under Article 102 of the Order directing stock to be transferred into court, the person required to effect the transfer shall be—

• (a) in the case of stock standing in the stock register kept by the Bank of Ireland or any other bank or by the Crown Agents for Overseas Governments and Administrations, some proper officer of the bank or the Crown Agents;

• (b) in any other case, some proper officer of the company or other body, whose stock is to be transferred;

and the said person shall, if so ordered, receive any sum accrued due before the transfer by way of dividend, bonus or periodical payment in respect of the stock and pay it into court to the general account of the patient or to a separate account or otherwise deal with it as the Court may direct.

Disposal of property on patient’s death or recovery

69

• (1) On the death or recovery of a patient the Court may order any money, securities or other property belonging to the patient, or forming part of his estate, or remaining under the control of, or held under the directions of the Court, to be paid, transferred, delivered or released to the person who appears to be entitled thereto.

• (2) If no grant of representation has been taken out to the estate of a deceased patient and it appears to the Court that the assets of the estate, after deduction of debts and funeral expenses, do not exceed £5,000 in value, the Court may, if it thinks fit, provide for payment of the funeral expenses out of any funds in court standing to the credit of the deceased and order that any such funds, or the balance thereof, or any other property of the patient remaining under the control, or held under the directions, of the Court, be paid, transferred, delivered or released either to the personal representative of the deceased when constituted or to the person who appears to be entitled to apply for a grant of representation to his estate.

• (3) The Court may at any time, pending notification to the Office of the grant of representation to the estate of a patient, direct that any money or securities which belonged to the patient when he died and were not already in court shall be transferred into court.

PART XVI — SETTLEMENT AND APPROVAL OF DEEDS

Documents to be settled by court

70

All mortgages, leases and other dispositions of a patient’s land and such other deeds and documents relating to his estate as may be directed shall be settled and approved by the Court.

Authentication by seal

71

• (1) The seal of the Office on any deed or other document shall be evidence that it has been settled and approved by the Court.

• (2) Unless otherwise directed, no deed or other document shall be sealed for the purpose aforesaid unless—

• (a) it bears a certificate by the person tendering it that it is an exact copy of a draft settled and approved by the Court, and

• (b) in the case of a deed or document containing a recital that any money has been lodged in court, a certificate of the Accountant General is produced stating that the lodgment has been made.

PART XVII — COPIES OF DOCUMENTS

Copies of documents in court

72

• (1) Any person who has filed an affidavit or other document shall, unless the Court otherwise directs, be entitled, on request, to be supplied by the Office with a copy of it.

• (2) The person having the conduct of any proceedings shall, unless the Court otherwise directs, be entitled, on request, to be supplied by the Office with a copy of any order, certificate, authority, direction or other document made, given or prepared by the Court in the proceedings.

• (3) Any other person may, on request, be supplied by the Office with a copy of any such document as is mentioned in paragraph (1) or (2), if the Court is satisfied that he has good reason for requiring it and that it is not reasonably practicable for him to obtain it from the person entitled to bespeak a copy from the Office.

• (4) Any copy of a document supplied under paragraph (1), (2) or (3) above shall, if so required, be marked as an office copy.

PART XVIII — FEES

Payment of fees

73

• (1) Subject to paragraph (2), the person by whom any fee is payable shall, unless the Court otherwise directs, make the payment out of the income of the patient or, if he is dead, out of his estate.

• (2) Where the Court directs that a fee is to be paid by the Accountant General wholly or partly out of funds in court, then, unless the Court directs payment to be made out of capital, the Accountant General shall meet the fee out of the income arising from the fund.

Administration fee

74

• (1) The Office shall annually, or at such other intervals as may be convenient, issue a certificate in respect of each patient in which there shall be stated—

• (a) the amount of the administration fee payable in respect of the patient at the date of the certificate;

• (b) the period in respect of which the administration fee is payable; and

• (c) the name of the person by whom the payment is to be made.

• (2) The Office may, if it thinks fit, issue a certificate for the payment of an estimated administration fee.

• (3) Upon the issue of a certificate under this rule the amount of the fee shall be charged upon the patient’s estate, and the payment shall be made within such time (not exceeding one month from the date of the certificate) as the Court may allow.

PART XIX — COSTS

Costs generally

75

• (1) All costs incurred in relation to proceedings under this Order, and not provided for by way of remuneration under rule 39, shall be in the discretion of the Court and the Court may order them to be paid by the patient or charged on or paid out of his estate or paid by any other person attending or taking part in the proceedings.

• (2) An order that costs incurred during the lifetime of a patient be paid out of or charged on his estate may be made within six years after his death.

Supreme Court costs rules to apply

76

Subject to the provisions of this Order, Order 62 shall apply, with such modifications as may be necessary to costs incurred in relation to proceedings under this Order as they apply to costs incurred in relation to proceedings in the Chancery Division and may be taxed where required accordingly.

Costs of unnecessary employment of solicitor etc., not to be allowed

77

• (1) No controller for a patient other than the Official Solicitor, shall, unless authorised by the Court, be entitled at the expense of the patient’s estate to employ a solicitor or other professional person to do any work not usually requiring professional assistance.

• (2) Where two or more persons having the same interest in relation to the matter to be determined attend any hearing by separate legal representatives, they shall not be allowed more than one set of costs of that hearing unless the Court certifies that the circumstances justify separate representation.

Costs of Official Solicitor

78

Any costs incurred by the Official Solicitor in relation to proceedings under this Order or in carrying out any directions given by the Court, and not provided for by way of remuneration under rule 39, shall be paid by such person or out of such funds as the Court may direct.

Certificate of service or notification

79

Where in proceedings relating to a patient a claim is made against his estate in respect of any costs alleged to have been incurred by him or on his behalf otherwise than in relation to the proceedings, the Court may refer the claim to the Master (Taxing Office) so that the amount due to the claimant may be ascertained by him or under his direction.]

[ ORDER 109A — ENDURING POWERS OF ATTORNEY

PART I — PRELIMINARY

Application and interpretation

1

• (1) This Order applies to proceedings under the Enduring Powers of Attorney (Northern Ireland) Order 1987, and the other provisions of these Rules apply to such proceedings subject to the provisions of this Order.

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

• “the Act” means the Judicature (Northern Ireland) Act 1978;

• “the 1987 Order” means the Enduring Powers of Attorney (Northern Ireland) Order 1987⁷⁴⁸;

• “applicant” includes an objector;

• “application” includes an objection;

• “attorney” means an attorney appointed under an enduring power of attorney;

• “donor” means a person who has created an enduring power of attorney;

• “enduring power of attorney” means any power of attorney which complies with the provisions of Article 4 of the 1987 Order;

• “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 relation to patients under Order 109;

• “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;

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

• “relative” means one of the persons referred to as relatives and entitled to receive notice under the provisions of paragraphs 1 and 2(1) of Schedule 1 to the 1987 Order;

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

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

• (a) by a judge; or

• (b) by the Master.

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

PART II — APPLICATIONS

Notice of intention to register

2

• (1) Notice of the attorney’s intention to apply to register an enduring power of attorney shall be given in Form EP1 to the donor and to those relatives entitled to receive such notice and to any co-attorney.

• (2) An application to dispense with such notice shall be made in Form EP3 before any application for registration is made.

Application for registration

3

An application to register an enduring power of attorney shall be made in Form EP2.

Other applications

4

Subject to the provisions of rules 2 and 3, an application to the Court may be by letter unless the Court directs that the application should be formal, in which case it shall be made in Form EP3.

Objections to registration

5

• (1) Any objection to registration shall be made in writing and shall set out:—

• (a) the name and address of the objector;

• (b) the name and address of the donor, if the objector is not the donor;

• (c) any relationship of the objector to the donor;

• (d) the name and address of the attorney; and

• (e) the grounds for objecting to registration of the enduring power.

• (2) Any objection to registration received by the Court on or after the date of registration shall be treated by the Court as an application to cancel the registration.

Exercise of the Court’s powers and functions under the provisions of the 1987 Order

6

• (1) This rule shall apply to applications to the Court for relief or for determination of any question under the 1987 Order which is not made simultaneously with an application for registration of an enduring power.

• (2) Any application made by letter under rule 4 other than objection to registration or disclaimer of attorneyship, shall include the name and address of the applicant, the name of the donor if the applicant is not the donor, the form of relief or determination required and the grounds for the application.

• (3) On receipt of an application, the Court may decide either that no hearing shall be held or may fix an appointment for directions or for the application to be heard.

• (4) The Court may at any time, on application or of its own motion, give such directions as it thinks proper with regard to any matter arising in the course of an application.

• (5) Notification of an appointment for directions or a hearing shall be given by the applicant to the attorney (if he is not the applicant), to any objector and to any other person as directed by the Court.

• (6) The applicant, the attorney (if he is not the applicant) and any person given notice of the appointment or hearing may attend or be represented.

• (7) If it appears to the Court on application or of its own motion that any order for relief should be made or any question determined, the Court may make such order or give such direction as it thinks fit.

• (8) Where an enduring power of attorney is sought to be disclaimed pursuant to Articles 6(6) or 9(1)(b) of the 1987 Order, notice of disclaimer by the attorney shall be given in form EP3 and the disclaimer shall take effect on the day on which the notice of disclaimer is received by the Court.

Consolidation of proceedings

7

The Court may consolidate any applications for registration or relief or any objections to registration if it considers that the proceedings relating to them can more conveniently be dealt with together.

Registration

8

• (1) Where there is no objection to registration or any objection has been withdrawn or dismissed, the enduring power of attorney shall be registered and sealed.

• (2) The Court shall retain a copy of the registered enduring power of attorney and shall return the original instrument to the applicant.

• (3) Any alterations which are on the face of the instrument when an application for registration is made shall be sealed.

• (4) Any qualification to registration imposed by reason of Articles 13(6) or 13(7) of the 1987 Order shall be noted on the register, and on the instrument, and sealed.

• (5) The date of registration shall be the date stamped by the Court on the instrument when it is registered.

Searches of the register and copies of registered enduring powers of attorney

9

• (1) Any person may, on payment of the appropriate fee, request in Form EP4 a search in the register to determine whether an enduring power of attorney has been registered.

• (2) The Court may supply any person with an office copy of a registered enduring power of attorney if the Court is satisfied that he has good reason for requesting a copy and that it is not reasonably practicable to obtain a copy from the attorney.

• (3) For the purposes of this rule, an office copy is a photocopy or a facsimile of an enduring power of attorney, marked as an office copy and sealed.

• (4) An office copy of an enduring power of attorney need not contain the explanatory information endorsed on the original power.

PART III — HEARINGS

Notice of hearing

10

• (1) Except where the Court otherwise directs, an applicant shall give ten clear days’ notice of a hearing to the attorney, the donor, every relative as defined in this Order, to any co-attorney and to such other persons who appear to the Court to be interested, as the Court may specify.

• (2) For the purposes of this rule notice of a hearing is given if the applicant sends a copy of the application to the person concerned.

Mode of service

11

• (1) Any document required by this Order to be given to the donor shall be given to him personally.

• (2) Except where these Rules otherwise provide, any document required by these Rules to be given to any person other than the donor shall be served by sending it to him by first class post.

Service on a solicitor

12

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

Use of evidence in subsequent proceedings

13

Except where the Court otherwise directs, evidence which has been used in any proceedings relating to a donor may be used at any subsequent stage of those proceedings or in any other proceedings before the Court.

Copies of documents in Court

14

• (1) Any person who has filed an affidavit or other document shall, unless the Court otherwise directs, be entitled on request to be supplied by the Office with a copy of it.

• (2) An attorney or his solicitor may have a search made for and may inspect and request a copy of any document filed in proceedings relating to the enduring power of attorney under which the attorney has been appointed.

• (3) Subject to the foregoing sub-paragraphs, no documents filed in the Office shall be open to inspection without the leave of the Court and no copy of any such document or an extract thereof shall be taken by or issued to any person without such leave.

Summoning of witnesses

15

In any proceedings under this Order a witness summons shall be issued in Form EP6.

Leave to bring an application

16

Any person other than an attorney or a person who has been served with a notice of intention to register an enduring power of attorney shall apply to the Court for leave to make application for relief specified in the 1987 Order.

Notification of decision

17

The applicant shall notify all persons who receive notice under rule 6(5) of the Court’s decision and shall send to each of them a copy of any order made or directions given.

PART IV — CANCELLATION OF REGISTRATION

Cancellation of registered enduring power of attorney

18

• (1) Where the Court is satisfied that one of the circumstances listed in Article 10(4) of the 1987 Order applies, it shall cancel the registration of the enduring power of attorney in question and shall send a notice to the attorney requiring him to deliver to the Court the original instrument.

• (2) Where the instrument creating an enduring power of attorney has been lost or destroyed, the person on whom notice under paragraph (1) of this rule has been served shall give to the Court written details of the date on which the instrument was lost or destroyed and the circumstances in which that occurred.

• (3) Where the Court has cancelled the registration of an instrument because it is satisfied that:—

• (a) fraud or undue pressure was used to induce the donor to create the power, or

• (b) having regard to all the circumstances and in particular the attorney’s relationship to or connection with the donor, the attorney is unsuitable to be the donor’s attorney,

the Court shall revoke the power created by the instrument.

• (4) Where registration has been cancelled for any reason other than one of those set out in paragraph 3(a) or (b) of this rule or [⁷⁴⁹ Article 10(4)(c)] of the 1987 Order, the Court shall mark the power of attorney as cancelled.

• (5) Any notice issued by the Court under this rule may contain a warning that failure to comply with the notice may lead to punishment for contempt of court.

[ ORDER 110 — THE OFFICIAL SOLICITOR

Duties of the Official Solicitor

1

• (1) The Official Solicitor shall conduct such investigations and render such assistance as may be authorised under these Rules or required by the Lord Chief Justice or a court for the purpose of assisting in the due administration of justice.

• (2) The Official Solicitor shall perform such duties as were formerly discharged by the General Solicitor for Northern Ireland.

• (3) Without prejudice to paragraph (1) the Official Solicitor may discharge any function analogous to those performed by the Official Solicitor in England and Wales, which are not the responsibility of some other officer or person in Northern Ireland.

Costs of Official Solicitor

2

• (1) The costs of the Official Solicitor may be paid out of such fund to which the proceedings relate or by such parties as the court may by order direct.

• (2) All costs of the Official Solicitor shall be ascertained on taxation.]

ORDER 111 — [ COMMITTAL UNDER ARTICLE 107 OF THE JUDGMENTS ENFORCEMENT (NORTHERN IRELAND) ORDER 1981]

Interpretation

1

In this Order, unless the context otherwise requires—

• [⁷⁵² “the Order of 1981” means the Judgments Enforcement (Northern Ireland) Order 1981⁷⁵³];

• “judgment” means any judgment, order or decree of any division of the High Court (other than an order made in matrimonial proceedings within the meaning of [⁷⁵⁴ rule 130 of the Matrimonial Causes Rules (Northern Ireland) 1981 ⁷⁵⁵] or an instalment order made under [⁷⁵² Article 3 of the Order of 1981] or of any inferior Court for the payment of money;

• “judgment creditor” means a person entitled to enforce a judgment;

• “debtor” means a person liable under a judgment;

• “judgment summons” means a summons under [⁷⁵² Article [⁷⁵⁶ 107] of the Order of 1981].

Application

2

An application for the issue of a judgment summons shall be made by filing an affidavit verifying the amount due under the judgment and showing how the amount is arrived at.

Judgment summons

3

Every judgment summons shall be in Form No. 56 of Appendix A and shall be served on the debtor personally not less than 10 clear days before the hearing and at the time of service there shall be paid or tendered to the debtor a sum reasonably sufficient to cover his expenses in travelling to and from the court.

Evidence

4

Evidence at the hearing may be given orally or by affidavit.

Debtor’s expenses, etc.

5

Where the debtor appears at the hearing, the travelling expenses paid to him may, if the judge so directs, be allowed as expenses of a witness, but if the debtor appears at the hearing and no order of committal is made, the judge may allow to the debtor, by way of set-off or otherwise, his proper costs, including compensation for loss of time, as upon an attendance by a defendant at a trial in court.

Stay of execution

6

If the judge makes an order for committal, he may direct its execution to be stayed on terms that the debtor pays to the judgment creditor the amount due, together with the costs of the judgment summons, either at a specified time or by instalments, in addition to any sums accruing due under the original judgment.

Removal of stay, etc.

7

Where an order of committal is stayed on such terms as are mentioned in paragraph 6—

• (a) all payments thereafter made shall be deemed to be made, first, in or towards the discharge of any sums from time to time accruing due under the original judgment and, secondly, in or towards the discharge of the debt in respect of which the judgment summons was issued and the costs of the summons; and

• (b) the said order shall not be issued until the judgment creditor has filed an affidavit of default on the part of the debtor.

Application for further stay

8

Where an order of committal has been made but execution of the order is stayed and the debtor subsequently desires to apply for a further stay, he shall attend at or write to the Central Office and apply for the stay he requires, stating the reasons for his inability to comply with the order, and the Master shall fix a day for the hearing of the application by the judge and serve notice thereof on the judgment creditor and on the debtor by recorded delivery at least three clear days before the day fixed for the hearing.

Variation etc. of orders

9

Any order made under this Order may be stayed, suspended, rescinded or varied by a subsequent order.

Service of notice

10

The judgment creditor shall serve notice personally on the debtor of the terms of any order made under this Order whether or not the debtor has attended the hearing.

Execution of order

11

An order of committal shall be directed to any police officer or other person as the Court may direct for execution.

Discharge from custody

12

• (1) A debtor taken into custody under an order of committal shall not be released from custody unless he pays to the police officer or the governor of the prison to which he is committed the full amount of the debt or instalment in respect of which such order was made and the costs of the order or upon receipt by the governor of the certificate of discharge prescribed under paragraph (5).

• (2) A police officer or prison governor to whom a sum of money is paid by a debtor in accordance with paragraph (1) shall issue to the debtor a receipt therefor and shall indorse on the order of committal a certificate of the amount he has received and the date thereof and the police officer or prison governor shall sign his name at the foot of the cetificate.

• (3) Such sum shall be transmitted to the judgment creditor or his solicitor forthwith.

• (4) The creditor or his solicitor on receiving the sum transmitted to him shall send a receipt therefor.

• (5) The certificate prescribed for the purposes of [⁷⁵⁷ Article 109 of the Order of 1981] shall be in Form No. 57 in Appendix A, signed by the creditor, or his solicitor or a master, that there has been paid to or on account of the creditor by or on behalf of the debtor—

• (a) the debt or instalment in respect of which he was imprisoned;

• (b) the costs of the order of committal;

and the creditor or his solicitor shall, if the debtor so requires, furnish to the debtor a copy of such certificate.

ORDER 112 — [ APPLICATIONS FOR USE OF SCIENTIFIC TESTS IN DETERMINING PARENTAGE]

Interpretation

1

In this Order—

• [⁷⁵⁸ “bodily samples”] and [⁷⁵⁸ “scientific tests”] have the meaning assigned to them by Article 13 of the Family Law Reform (Northern Ireland) Order 1977⁷⁵⁹;

• “direction” means a direction for the use of [⁷⁵⁸ scientific tests] under Article 8(1) of that Order;

• “the proper officer” means the officer of the court who draws up a direction.

Application for direction

2

• (1) Except with the leave of the Court, an application in any proceedings for a direction shall be made on notice to every party to the proceedings (other than the applicant) and to any other person from whom the direction involves the taking of [⁷⁵⁸ “bodily samples”].

• (2) If the application is made otherwise than at the hearing of the proceedings it shall be made by summons.

• (3) Any notice or summons required by this rule to be served on a person who is not a party to the proceedings shall be served on him personally.

Applications involving persons under disability

3

Where an application is made for a direction in respect of a person (in this rule referred to as a person under disability) who is either—

• (a) under 16, or

• (b) suffering from a mental disorder within the meaning of the [⁷⁶⁰Mental Health (Northern Ireland) Order 1986⁷⁶¹] and incapable of understanding the nature and purpose of [⁷⁵⁸ scientific tests]

the notice of application or summons shall state the name and address of the person having the care and control of the person under disability and shall be served on him instead of on the person under disability.

Joinder of person to be tested

4

Where an application is made for a direction involving the taking of [⁷⁵⁸ bodily samples] from a person who is not a party to the proceedings in which the application is made, the Court may at any time direct that person to be made a party to the proceedings.

Service of direction and adjournment of proceedings

5

Where the Court gives a direction in any proceedings, the proper officer shall send a copy to every party to the proceedings and to every other person from whom the direction involves the taking of [⁷⁶² bodily samples] and, unless otherwise ordered, further consideration of the proceedings shall stand adjourned until the court receives a report pursuant to the direction.

Service of copy of report

6

On receipt by the court of a report made pursuant to a direction, the proper officer shall send a copy to every party to the proceedings and to every other person from whom the direction involved the taking of [⁷⁶² bodily samples].

ORDER 113 — SUMMARY PROCEEDINGS FOR POSSESSION OF LAND

Proceedings to be brought by originating summons

1

• (1) Where a person claims possession of land which he alleges is occupied solely by a person or persons (not being a tenant or tenants holding over the termination of the tenancy) who entered into or remained in occupation without his licence or consent or that of any predecessor in title of his, the proceedings may be brought by originating summons in accordance with the provisions of this Order.

[⁷⁶³ . . .]

Form of originating summons

2

The originating summons shall be in Form No. 9 in Appendix A and no appearance need be entered to it.

Affidavit in support

3

The plaintiff shall file in support of the original summons an affidavit stating—

• (a) his interest in the land;

• (b) the circumstances in which the land has been occupied without licence or consent and in which his claim to possession arises; and

• (c) ⁷⁶⁴ that he does not know the name of any person occupying the land who is not named in the summons;

Service of originating summons

4

• (1) Where any person in occupation of the land is named in the originating summons, the summons together with a copy of the affidavit in support shall be served on him—

• (a) in accordance with Order 10, rule 5, or

• (b) by leaving a copy of the summons and of the affidavit, or sending them to him, at the premises, or

• (c) in such other manner as the Court may direct.

• (2) The summons shall, in addition to being served on the named defendants (if any) in accordance with paragraph (1), be served, unless the Court otherwise directs, by—

• (a) affixing a copy of the summons and a copy of the affidavit to the main door or other conspicuous part of the premises, and

• (b) if practicable, inserting through the letter-box at the premises a copy of the summons and a copy of the affidavit enclosed in a sealed envelope addressed to “the occupiers”.

[⁷⁶³ . . .]

• (3) Order 28, rule 3, shall not apply to proceedings under this Order.

Application by occupier to be made a party

5

Without prejudice to Order 15, rule 6 and 10, any person not named as a defendant who is in occupation of the land and wishes to be heard on the question whether an order for possession should be made may apply at any stage of the proceedings to be joined as a defendant.

Order for possession

6

• (1) A final order shall not be made on the originating summons except by a judge in person and shall, except in case of urgency and by leave of the Court, not be made less than 5 clear days after the date of service.

• (2) An order for possession in proceedings under this Order shall be in Form No. 33 in Appendix A.

• (3) ⁷⁶⁶ Nothing in this Order shall prevent the Court from ordering possession to be given on a specified date, in the exercise of any power which could have been exercised if possession had been claimed in an action begun by writ.]

Setting aside order

7

The judge may, on such terms as he thinks just, set aside or vary any order made in the proceedings under this Order.

ORDER 114 — REFERENCES TO THE EUROPEAN COURT

Interpretation

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Making of order

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule to order to set out request for ruling

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Stay of proceedings pending ruling

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transmission or order to the European Court

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals from orders made by High Court

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[ ORDER 115 — APPLICATIONS UNDER PART II (MATRIMONIAL HOMES) OF THE FAMILY LAW (MISCELLANEOUS PROVISIONS) (NORTHERN IRELAND) ORDER 1984

Interpretation

1

In this Order “the Order” means the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984⁷⁶⁸.

2

⁷⁶⁹ . . .]

Applications to be made by originating summons

3

• (1) An application under Part II of the Order shall be made by originating summons issued out of the Probate and Matrimonial Office [⁷⁷⁰ or the Bankruptcy and Companies Office where the business has been assigned to that office] and Order 7 shall apply accordingly, except that references in that Order to “plaintiff” and “defendant” shall be read as references to “applicant” and “respondent” respectively.

• (2) Where in an application under the said Part II for an order terminating the respondent’s rights of occupation it appears to the Court, on the ex parte application of the applicant, that the respondent is not in occupation of the dwelling house to which the application relates and his whereabouts cannot after reasonable inquiries be ascertained, the Court may dispense with service of the summons on the respondent.]

[ ORDER 116 — [ TERRORISM ACT 2000 AND CONFISCATION AND FORFEITURE IN CONNECTION WITH CRIMINAL PROCEEDINGS]

[ PART I] — [ TERRORISM ACT 2000]

Interpretation

1

⁷⁷⁶ In this Part of this Order—

• “the Act” means the Terrorism Act 2000 and a section or Schedule referred to by a number means the section or Schedule so numbered in the Act;

• “defendant” includes a person charged with [⁷⁷⁷ a relevant offence] and a person who is the subject of a criminal investigation which is being conducted with a view to it being ascertained whether a person should be charged with such an offence;

• expressions used have the same meanings as in Part III of and Schedule 4 to the Act;

• “Master” means the Master (Queen’s Bench and Appeals);

• “prosecutor” means the person with conduct of proceedings which have been instituted in Northern Ireland for [⁷⁷⁷ a relevant offence], or the person who the High Court is satisfied will have the conduct of any proceedings for such an offence;]

• [⁷⁷⁸ “domestic freezing order certificate” means a certificate made by the High Court under paragraph 41B of Schedule 4 in relation to property in a country other than the United Kingdom;

• “overseas freezing order” means an order received by the High Court in accordance with paragraph 41D of Schedule 4 in relation to property in the United Kingdom.]

Assignment of proceedings

2

The jurisdiction of the High Court under the Act shall be assigned to the Queen’s Bench Division and, subject to rule 8, shall be exercised by a judge in chambers.

Application for restraint order [ and domestic freezing order certificate]

3

• (1) ⁷⁷⁶ An application for a restraint order under paragraphs 33 and 34 [⁷⁷⁸ and, where relevant, a domestic freezing order certificate under paragraph 41B] of Schedule 4 may be made by the prosecutor ex parte by originating summons in Form No. 8 in Appendix A.

• (2) An application under paragraph (1) shall be supported by an affidavit, which shall:—

• (a) state, as the case may be, either that—

• (i) proceedings have been instituted against a person for [⁷⁷⁷ a relevant offence] and that they have not been concluded; or

• (ii) a criminal investigation has been started in Northern Ireland with regard to such an offence;

and, in either case, give details of the alleged or suspected offence and of the defendant’s involvement;

• (b) where proceedings have been instituted, state, as the case may be, that a forfeiture order has been made in the proceedings or the grounds for believing that such an order may be made;

• (c) where proceedings have not been instituted—

• (i) indicate the state of progress of the investigation and when it is anticipated that a decision will be taken on whether to institute proceedings against the defendant;

• (ii) state the grounds for believing that a forfeiture order may be made in any proceedings against the defendant; and

• (iii) verify that the prosecutor is to have conduct of any such proceedings;

• (d) ⁷⁷⁹ to the best of the deponent’s ability, give full particulars of the property in respect of which the restraint order and, where relevant, the domestic freezing order certificate is sought, and specify the person or persons holding such property and any other person having an interest in it.]

• (2A) ⁷⁸⁰ Where an application for a domestic freezing order certificate is made, the applicant shall—

• (a) prepare a draft of the certificate in accordance with paragraph 41B of Schedule 4; and

• (b) attach it to the application made under paragraph (1).]

• (3) An originating summons under paragraph (1) shall be entitled in the matter of the defendant, naming him, and in the matter of the Act, and all subsequent documents in the matter shall be so entitled.]

Restraint order

4

• (1) A restraint order may be made subject to conditions and exceptions, including but not limited to conditions relating to the indemnifying of third parties against expenses incurred in complying with the order, and exceptions relating to living expenses and legal expenses of the defendant or other person, but the applicant shall not be required to give an undertaking to abide by an order as to damages sustained by the defendant or other person as a result of the restraint order.

• (2) Unless the Court otherwise directs, a restraint order made ex parte shall have effect until a day which shall be fixed for the hearing inter partes of the application.

• (3) Where a restraint order is made the applicant shall, [⁷⁸¹ unless the court directs otherwise,] serve copies of the order and of the affidavit in support on the defendant and on all other named persons restrained by the order and shall notify all other persons or bodies affected by the order of its terms.

• (4) ⁷⁸⁰ Where a domestic freezing order certificate is made it shall be served with copies of the restraint order in accordance with paragraph (3).]

Discharge or variation of restraint order [ and a domestic freezing order certificate]

5

• (1) Any person or body on whom a restraint order [⁷⁸² and, where relevant a domestic freezing order certificate] is served or who is notified of such an order may apply by summons to discharge or vary the order.

• (2) ⁷⁷⁹ The summons and any affidavit in support shall be lodged with the court and, where not the applicant, shall be served on—

• (a) the prosecution;

• (b) the defendant; and

• (c) any other person affected by the restraint order, and where relevant, the domestic freezing order certificate,

not less than two clear days before the date fixed for hearing of the summons.]

[⁷⁸³ ...]

• (4) ⁷⁸⁴ An order made under this rule which discharges or varies a domestic freezing order certificate, shall be sent to the Secretary of State in accordance with paragraph 41C of Schedule 4.]

Further application by the prosecution

6

• (1) Where a restraint order [⁷⁸⁵ and, where relevant a domestic freezing order certificate,] has been made the prosecution may apply by summons or, where the case is one of urgency, ex parte to discharge or vary such order.

• (2) An application under paragraph (1) shall be supported by an affidavit, which shall give full particulars of the grounds of the application.

• (3) The summons and affidavit in support shall be lodged with the court and served on the defendant [⁷⁸⁵ and any other person affected by the restraint order and, where relevant, the domestic freezing order,] not less than two clear days before the date fixed for hearing of the summons.

• (4) Rule 4(3), shall apply to the service of an order discharging or varying a restraint order [⁷⁸⁵ and, where relevant, a domestic freezing order] on persons other than the defendant and to the notification of all other persons or bodies affected thereby.

• (5) ⁷⁸⁴ An order made under this rule which discharges or varies a domestic freezing order certificate, shall be sent to the Secretary of State in accordance with paragraph 41C of Schedule 4.]

Application for Compensation Order

7

• (1) ⁷⁸⁶ An application for an order under paragraph 39 of Schedule 4 shall be made by summons, which shall be served, with any supporting evidence, on the person alleged to be in default (where known) and on the appropriate body mentioned in paragraph 39(6).

• (2) An application for an order under paragraph 40 of Schedule 4 shall be made by summons, which shall be served, with any supporting evidence, on the Secretary of State.]

[Exercise of powers under Schedule 4, paragraph 43

8

Notwithstanding the provisions of Order 32, rule 11(1)(a), the powers conferred on the High Court by paragraph 43 of Schedule 4 may be exercised by a judge in chambers or the Master.]

Application for registration

9

An application for registration of an England and Wales order, a Scottish order or an Islands order may be made ex parte.

Evidence in support of application

10

• (1) ⁷⁸⁷] An application for registration of an order under Rule 9 must be supported by an affidavit—

• (i) exhibiting the order or a certified copy thereof, and

• (ii) stating, to the best of the deponent’s knowledge, particulars of what property in respect of which the order was made is in Northern Ireland and specifying the person or persons holding such property.

[⁷⁸⁸...]

Register of orders

11

• (1) There shall be kept in the Central Office under the direction of the Master a register of the orders registered under the Act.

• (2) There shall be included in such register particulars of any variation or setting aside of a registration, of any variation, satisfaction or discharge of a registered order, and of any execution issued on the order.

Notice of registration

12

• (1) Notice of the registration of an order must be served on the person or persons holding the property in Northern Ireland in respect of which the order was made by delivering it to him personally or by sending it to him at his usual or last known address or place of business or in such other manner as the Court may direct.

• (2) Service of such a notice out of the jurisdiction is permissible without leave, and Order 11, rules 5, 6 and 8 shall apply in relation to such a notice as they apply in relation to a writ.

[⁷⁸⁹ ...]

Application to vary or set aside the registration

13

An application to vary or set aside the registration of an order must be made to a judge by summons supported by affidavit.

Enforcement of order

14

[⁷⁸⁹ ...].

• (2) If an application is made under rule 13, an order shall not, unless the Court otherwise orders, be enforced until after such application is determined.

Variation and cancellation of registration

15

If effect is given (whether in Northern Ireland or elsewhere) to an England and Wales, Scottish or Islands order, or if the order is varied or discharged by the court by which it was made, the applicant for registration shall inform the court and—

• (a) if such effect has been given in respect of all the money or other property to which the order applies, or if the order has been discharged by the court by which it was made, registration of the order shall be cancelled;