County Court Rules (Northern Ireland) 1981

• (b) “business day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a public holiday.

• (2) Any document the service of which by post is permitted in these Rules other than a civil bill, petition, summons, notice or other document required or authorised to be served for the purposes of initiating any proceedings in a county court may be served by FAX in accordance with paragraphs (3) and (4).

• (3) Service by FAX may be effected where—

• (a) the party serving the document acts by a solicitor;

• (b) the party on whom the document is served acts by a solicitor and service is effected by transmission to the business address of such a solicitor;

• (c) the solicitor acting for the party on whom the document is served has indicated in writing to the solicitor serving the document that he is willing to accept service by FAX at a specified FAX number and the document is transmitted to that number; and for this purpose the inscription of a FAX number on the writing paper of a solicitor shall be deemed to indicate that such solicitor is willing to accept service by FAX at that number in accordance with this paragraph unless he states otherwise in writing; and

• (d) as soon as practicable after service by FAX the solicitor acting for the party serving the document despatches a copy of it to the solicitor acting for the other party by any of the other methods prescribed for service in these Rules, and if he fails to do so, the document shall be deemed never to have been served by FAX.

• (4) Where the FAX is transmitted on a business day before 4.00pm it shall, unless the contrary is shown, be deemed to be served on that day, and, in any other case, on the business day next following.]

[ Service by DX

28

• (1) Service of any document, not being a document which by virtue of any provisions of these Rules is required, to be served personally, or a document to which Order 6 Rule 3 applies, may be effected, where—

• (a) the proper address for service includes a numbered box at a document exchange, or

• (b) there is inscribed on the writing paper of the party on whom the document is served (where such party acts in person) or on the writing paper of his solicitor (where such party acts by a solicitor) a document exchange box number and such a party or his solicitor (as the case may be) has not indicated in writing to the party serving the document that he is unwilling to accept service through a document exchange by leaving the document addressed to that numbered box at that document exchange or at a document exchange which transmits documents every business day to that exchange, and any document which is left at a document exchange in accordance with this paragraph shall, unless the contrary is proved, be deemed to have been served on the second business day following the day on which it is left.

• (2) In this Rule “business day” has the same meaning as in Rule 27 and “document exchange” means any document exchange for the time being approved by the Lord Chancellor.]

[ Investment of money recovered by person under disability

3

• (1) In this Part, the expression—

• “authorised unit trust scheme” has the meaning assigned by section 237(3) of the Financial Services and Markets Act 2000;

• “debenture” includes debenture stock and bonds, whether constituting a charge on assets or not, and loan stock or notes;

• “fixed-interest securities” means securities which under the terms of issue bear a fixed rate of interest;

• “gilt unit trust scheme” means an authorised unit trust scheme, or a recognised scheme, the objective of which is—to invest at least 90% of the property of the scheme in loan stock, bonds or other instruments creating indebtedness which—are transferable; andare issued or guaranteed by the Government of the United Kingdom or of any other country or territory, by a local authority in the United Kingdom ..., or by an international organisation the members of which include the United Kingdom ...;to invest the remainder of the property of the scheme in shares, debentures or other instruments creating or acknowledging indebtedness, certificates representing securities or units in a collective investment scheme.Sub-paragraphs (a) and (b) must be read with—section 22 of the Financial Services and Markets Act 2000;any relevant Order under that section; andSchedule 2 to that Act;

• “investment trust company” has the meaning assigned by section 842 of the Income and Corporation Taxes Act 1988;

• “securities” includes shares, debentures, Treasury Bills and Tax Reserve Certificates;

• “share” includes stock;

• “Treasury Bills” includes bills issued by Her Majesty’s Government in the United Kingdom and Northern Ireland Treasury Bills;

• “variable-interest securities” means securities which under the terms of issue bear a variable rate of interest.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[ Judge’s or district judge’s as the case may be] powers as to service and representation

Applications under Article 31(1)(i)

Requirements for plans to be attached to notice of application

Copies of notices for sub-divisional commander to be lodged at police station within police sub-division

PART V — REGISTRATION OF CLUBS

Application for the registration of a club

8

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Notice of application in accordance with Article 5 of and paragraph 1(1)(a) of Schedule 2 to the Registration of Clubs Order shall be in Form 305.

• (3) Notice of application in accordance with Article 5 of and paragraph 1(1)(b), (c) and (d) of Schedule 2 to the Registration of Clubs Order shall be in Form 306.

• (4) Where it is intended to apply to the court which grants the registration of a club for the grant of a children’s certificate under Article 33 of the Registration of Clubs Order, such intention shall be stated in the notice of application referred to at paragraphs (2) and (3) above and the said notice of application shall be accompanied by a plan of the premises delineating the part thereof for which the certificate is sought.

• (5) A person intending to make an application for the grant of registration of a club shall, in addition to complying with paragraph 1(1)(b), (c) and (d) of Schedule 2 to the Registration of Clubs Order, serve a copy of the notice upon the clerk of petty sessions ....

• (6) A notice published in the newspapers as required by paragraph 1(1)(b) of Schedule 2 to the Registration of Clubs Order shall—

• (a) include a reference to the requirement that any person owning or residing or carrying on business in premises in the vicinity of the premises of the club for which the registration is sought who intends to object to the grant of registration must, in accordance with paragraph 4 of Schedule 2 to the Registration of Clubs Order, serve notice of his intention to object on the club and the chief clerk not less than one week before the time of the opening of the court sittings at which the application is to be made;

• (b) state that the permissible grounds of objection are any of the grounds specified in Article 5(5) and (6) of the Registration of Clubs Order.

Objection to the registration of a club or the granting of a children’s certificate

9

• (1) Notice of intention to object to the registration of a club, in accordance with paragraphs 3 and 4 of Schedule 2 to the Registration of Clubs Order, shall be in Form 307.

• (2) Notice of intention to object to the granting of a children’s certificate, in accordance with paragraphs 6 and 7 of Schedule 2 to the Registration of Clubs Order, shall be in Form 307A.

PART VI — MODIFICATION OF THE LICENSING ORDER AND THE REGISTRATION OF CLUBS ORDER

Modifications to the Licensing (Northern Ireland) Order 1996 and the Registration of Clubs (Northern Ireland) Order 1996

10

• (1) Schedule 1 to the Licensing Order shall have effect as if after paragraph 7 thereof there were added the following paragraphs—

(7A) Where, in accordance with paragraph 7, a person has included notice of his intention to apply for an order under Article 43, 44 or 48 or for a children’s certificate in the notices mentioned in paragraph 1 - a sub-divisional commander upon whom notice is required by paragraph 1 to be served; - the district council mentioned in that paragraph; or - any person owning, or residing, or carrying on business in premises in the vicinity of the premises to which the application relates may appear at the hearing of the application and object to the court making an order or, as the case may be, to the grant of a certificate— (a) in the case of an application under Article 43, on any ground mentioned in Article 43(2); (b) in the case of an application under Article 44, on any ground mentioned in Article 44(1) and (3); (c) in the case of an application under Article 48, on any ground mentioned in Article 48(2); (d) in the case of an application under Article 59, on any ground mentioned in Article 59(2) (7B) A person intending to object under paragraph 7A shall, not less than 1 week before the time of the court sitting at which the application is to be made— (a) serve upon the applicant notice of his intention to object, briefly stating his grounds for so doing; and (b) serve a copy of the notice upon the chief clerk.

• (2) Schedule 2 to the Registration of Clubs Order shall have effect as if after paragraph 5 thereof there were added the following paragraphs—

(6) Where, in accordance with paragraph 5, a person has included notice of his intention to apply for a children’s certificate in the notices mentioned in paragraph 1 - the sub-divisional commander mentioned in paragraph 1(1)(a)(i); - the district council mentioned in paragraph 1(1)(a)(ii); or - any person owning, or residing, or carrying on business in premises in the vicinity of the premises to which the application relates may appear at the hearing of the application and object to the grant of the certificate on any ground mentioned in Article 33(2). (7) A person intending to object under paragraph 6 shall, not less than 1 week before the time of the court sitting at which the application is to be made— (a) serve upon the applicant notice of his intention to object, briefly stating his grounds for so doing; and (b) serve a copy of the notice upon the chief clerk.]

[ PART VII — APPLICATIONS FOR GRANT OF BOOKMAKING OFFICE LICENCES

Notices of Application

11

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) An application in accordance with Articles 12(1) or 14(1) of, and Schedule 2 to, the Betting, Gaming, Lotteries and Amusements Order for the grant or, as the case may be, for the provisional grant of a bookmaking office licence shall be in Form 211A and have attached a plan of the premises for which the licence is sought or, as the case may be, a plan of the premises for which the provisional licence is sought showing the premises as they will be when their construction, alteration or extension has been completed.

• (3) An application in accordance with Article 14(7) of the Betting, Gaming, Lotteries and Amusements Order to have the provisional grant of a bookmaking office licence declared final shall be in Form 211B and the applicant shall attach the provisional licence to the notice for the purposes of Article 14(10) of the Betting, Gaming, Lotteries and Amusements Order.

• (4) An application for the consent of the court under Article 14(6) of the Betting, Gaming, Lotteries and Amusements Order to the modification of plans at any time before a bookmaking office licence provisionally granted has been declared final shall be in Form 211C and—

• (a) not less than three weeks before the time of opening of the court sitting at which the application is to be heard, served on the chief clerk and on the district commander of the police district in which the premises are or are to be situated and on the district council for the district in which the premises are or are to be situated; and

• (b) have attached a copy of the modified plan of the premises clearly showing the proposed modifications.

Objection to the grant of a bookmaking office licence

12

Notice of intention to object, in accordance with paragraph 4 of Schedule 2 to the Betting, Gaming, Lotteries and Amusements Order, to the grant or provisional grant, as the case may be, of a bookmaking office licence shall be in Form 211D.

Newspaper notice

13

A notice published in the newspapers as required by paragraph 1 or paragraph 6 of Schedule 2 to the Betting, Gaming, Lotteries and Amusements Order shall be in Form 211A.]

Applications by tenants for compensation under Article 20 or the Order

[ ORDER 50A — Parental orders under section [ 54] of the Human Fertilisation and Embryology Act [ 2008]

[ Interpretation

1

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

• “the 1990 Act” means the Human Fertilisation and Embryology Act 1990 and expressions which are defined in the 1990 Act have the same meaning as in that Act;

• “the 2008 Act” means the Human Fertilisation and Embryology Act 2008 and expressions which are defined in the 2008 Act have the same meaning as in that Act;

• “the 1987 Order” means the Adoption (Northern Ireland) Order 1987 and expressions which are defined in the 1987 Order have the same meaning as in that Order;

• ...

• “the birth mother” means the woman who carried the child;

• “the other parent” means any person, other than the birth mother, who is a parent of the child but is not one of the petitioners and includes any man who is the father by virtue of section 35 of the 2008 Act or any woman who is a parent by virtue of section 42 or 43 of the 2008 Act;

• “the birth parents” means the birth mother and the other parent.]

• (2) The notes appended to Forms 389 to 395 do not form any part thereof and are appended only for the purpose of assisting in their proper completion.

Commencement of proceedings

2

• (1) An application for a parental order shall be commenced by petition in Form 389.

• (2) The petitioners shall be the [³⁷³ the persons who may apply for a parental order pursuant to section 54 of the 2008 Act] and the respondents shall be the birth parents (except where the petitioners seek to dispense with their consent) and any other persons or body in whom the parental rights and duties relating to the child are vested at the time of the application.

• (3) The court may at any time direct that any other person or body be made a respondent to the application.

• (4) On filing the petition the petitioners shall pay the appropriate fee and supply three copies of the petition together with any other documents required to be supplied under this Order.

Appointment of guardian ad litem

3

• (1) As soon as practicable after the petition has been filed the chief clerk shall appoint a guardian ad litem of the child and shall send to him a copy of the petition together with any documents attached thereto.

• (2) The guardian ad litem shall be an officer of a Board or of an HSC trust or a person employed by such other organisation as the Department may approve.

Duties of guardian ad litem

4

• (1) With a view to safeguarding the interests of the child before the court the guardian ad litem shall—

• (a) investigate so far as is reasonably practicable the matters set out in [³⁷⁴ section 54(1) to (8) of the 2008 Act]; and

• (b) so far as he considers necessary, investigate any matter contained in the petition or other matter which appears relevant to the making of a parental order.

• (2) On completing his investigations the guardian ad litem shall make a report in writing to the court, drawing attention to any matters which, in his opinion, may be of assistance to the court in considering the application and shall notify the petitioners that he has done so.

• (3) The guardian ad litem shall also perform, at any time before the final determination of the application, such other duties as appear to him to be necessary or as the court may direct.

• (4) With a view to obtaining the directions of the court on any matter, the guardian ad litem may at any time make such interim report to the court as appears to him to be necessary and in such a case the chief clerk shall notify the petitioners.

• (5) The guardian ad litem shall attend any hearing of the application if so required by the court.

• (6) Any report made to the court under this rule shall be confidential.

Agreement

5

• (1) Any document signifying the agreement of the birth parents to the making of a parental order shall be in Form 390 and shall, if executed in Northern Ireland, be witnessed by a now lay magistrate.

• (2) If the document is executed before the commencement of proceedings, it shall be filed with the petition.

• (3) If the document is executed outside Northern Ireland it shall be witnessed by one of the persons specified in rule 6(2), (3) or (4) of Order 50.

Notice of hearing

6

• (1) As soon as practicable after being notified by the guardian ad litem that he has made his report to the court, the petitioners shall apply to the chief clerk to fix a date for the hearing of the application.

• (2) On an application under paragraph (1) the chief clerk shall fix a date and time for the hearing and shall take account of any directions given under paragraph (5).

• (3) The chief clerk shall inform the petitioners and the guardian ad \item of the date and time fixed for hearing and the petitioners shall serve notice of the hearing in Form 391 on all the parties and any Board, HSC trust or voluntary organisation which has at any time provided accommodation for the child.

• (4) If the petitioners have no solicitor acting for them the notice in Form 391 shall be signed by the chief clerk.

• (5) Anyone wishing to object to the making of a parental order, shall within 14 days of the date of service on him of the notice of hearing give the chief clerk written notice of his intention to object in Form 392.

• (6) If at any stage before the hearing of the application it appears to the court that directions for the hearing are required the court may give such directions as it considers necessary.

Objections

7

• (1) Where the chief clerk receives notice of objection under rule 6(5) he shall notify [³⁷⁵ the judge], the petitioners (or their solicitor) and the guardian ad litem, and [³⁷⁵ the judge] shall direct what steps are to be taken.

• (2) [³⁷⁵The judge] may direct that the person who served notice of objection shall appear before him in his chambers on a date fixed by him and upon hearing the nature of or grounds for objection made by him or his legal representative on his behalf make such direction or order as appears just.

The hearing

8

• (1) On the hearing of the petition, any person upon whom notice is required to be served under rule 6 may attend and be heard on the question whether a parental order should be made.

• (2) Any member or employee of a party which is an organisation or authority may address the court if he is duly authorised in that behalf.

• (3) The court shall not make a parental order except after the personal attendance before it of the petitioners.

• (4) If there are special circumstances which, having regard to the report of the guardian ad litem, appear to the court to make the attendance of any other person necessary or desirable, the court may direct that that person shall attend.

Proof of identity of child, etc.

9

Where the child who is the subject of the application is identified in the petition by reference to a birth certificate which is the same, or relates to the same entry in the Register of Births, as a birth certificate exhibited to a form of agreement, the child so identified shall be deemed, unless the contrary appears, to be the child to whom the form of agreement refers.

Notices and copies of orders etc.

10

• (1) A parental order shall be made in Form 393.

• (2) Within 14 days of the making of the parental order the chief clerk shall forward to the Registrar General a sealed copy thereof by registered post or by the recorded delivery service in an envelope marked “Confidential”.

• (3) Where a parental order is made or refused the chief clerk shall serve notice to that effect on every respondent.

• (4) A copy of a parental order may be supplied to the petitioners.

• (5) A copy of a parental order may be supplied to any other person with the leave of the court.

Application, in respect of removal of, or for return of, child

11

• (1) An application under Article 28,(1) or 30(1) or (2) of the 1987 Order shall be made by sending notice of application in Form 394 to the chief clerk.

• (2) Subject to paragraph (4), the chief clerk shall serve a copy of the notice of application, together with a notice of the date of hearing on all the parties to the proceedings in respect of the relevant parental order, on an guardian ad litem appointed at the date of the application and on any other person or body, not being the child, as the court thinks fit.

• (3) Anyone who wishes to object to the application shall, within 14 days of the service of the application on him, send written notice of his objection to the chief clerk.

• (4) The chief clerk shall serve a copy of the written notice of objection on each person served with a copy of the application.

• (5) The court may at any time give directions, as to the appointment of a guardian ad litem of the child or, as to the conduct of the application under this rule.

• (6) Where an application under this rule is determined the chief clerk shall serve notice in Form 395 of the effect of the determination on all the parties.

Application for amendment of orders and revocation of directions

12

• (1) An application

• (a) under Article 52 of the 1987 Order for the amendment of a parental order or for the revocation of a direction for the marking of an entry in the Register of Births or the Parental Order Register, to the Registrar General; or

• (b) under Rule 10(5) for the supply of a copy of, or information relating to, a parental order; or

• (c) under Article 50(3) of the 1987 Order for an order for the furnishing of information contained in the books kept by the Registrar General under Article 50(1)(c);

may be made ex parte in the first instance, but the judge may require notice of the application to be served on such persons as he may direct.

• (2) Where an application referred to in paragraph (1)(a) is granted, the chief clerk shall send to the Registrar General a notice specifying the date of the parental order and the names of the petitioners and of the child as given in the parental order and either stating the amendments to the parental order made by the court or informing him of the revocation of the direction, as the case may be.

• (3) Where an application referred to in paragraph (1)(c) is granted, the chief clerk shall send a copy of the order of the court to the Registrar General.

• (4) Such notice or order shall be contained in an envelope marked “Confidential” and sent by registered post or the recorded delivery service.

Service and filing of documents

13

• (1) Any document or copy thereof required to be served or sent under the 1987 Order or under this Order may be served personally on the person to be served or sent by registered post or by the recorded delivery service in an envelope addressed to the person to be served at his place of residence or, in the case of service on a Board, HSC Trust or other body, addressed to it at its official address or by delivering it personally to the secretary, clerk or other responsible officer of the authority or body at its office.

• (2) Proof of service of documents under the 1987 Order as applied with modifications by the Parental Orders Regulations or under this Order shall be by affidavit.

• (3) Where a document is served by post in accordance with this rule—

• (a) the envelope in which it is enclosed shall be marked “Confidential”; and

• (b) the receipt for its posting shall be attached to the copy thereof referred to in the affidavit of posting.

• (4) A petition submitted to the chief clerk and any notice, affidavit, or other document or copy thereof required to be filed with the chief clerk under this Order shall be so submitted, or, as the case may be, filed either by delivery thereof to him personally or to some responsible person at this office or by sending the document by registered post or by the recorded delivery service in an envelope addressed to him at that office.

• (5) Notwithstanding anything in Order 6, any notice, petition or other document referred to in this rule may be served by a process server, a solicitor or member of the staff of that solicitor’s office over sixteen years of age.

Costs

14

On the determination of proceedings to which this Order applies [³⁷⁶ the judge] may make such an order as to the costs as he thinks just and, in particular, may order the petitioners to pay—

• (a) the expenses incurred by the guardian ad litem;

• (b) the expenses incurred by any respondent attending the hearing or such part of those expenses as the judge thinks proper.

Custody, inspection and disclosure of documents and information

15

• (1) All documents relating to proceedings for a parental order shall, while they, are in the custody of the court, be kept in a place of special security.

• (2) A party who is an individual and is referred to in a confidential report supplied to the court by a guardian ad litem may inspect, for the purpose of the hearing, that part of any such report which refers to him, subject to any directions given by the court that—

• (a) no part of the report shall be revealed to that party; or

• (b) the part of the report referring to that party shall be revealed only to that party’s legal advisers; or

• (c) the whole or any other part of the report shall be revealed to that party.

• (3) Any person who obtains any information in the course of, or relating to, proceedings for a parental order shall treat that information as confidential and shall only disclose it if—

• (a) the disclosure is necessary for the proper exercise of his duties; or

• (b) the information is requested—

• (i) by a court (whether in Northern Ireland or not) having power to determine proceedings for a parental order and related matters, for the purpose of the discharge of its duties in that behalf; or

• (ii) by a person who is authorised in writing by the Department to obtain the information for the purposes of research.

• (4) Save as required or authorised by a provision of any enactment or of this Order or with the leave of the court, no document or order held by or lodged with the court in relation to proceedings for a parental order shall be open to inspection by any person, and no copy of any such document or order, or of an extract from any such document or order, shall be taken by or issued to any person.]

Interpretation

Stay of pending custody proceedings

Notification of registration under section 16

Application for copy court order

Application for declaration under section 23(2)

[ PART II — FAMILY LAW ACT 1986

Interpretation

6

In this Part of this Order, unless the context otherwise requires,—

• “the Act” means, the Family Law Act 1986³⁸²;

• “the appropriate court” means, in relation to England and Wales, the High Court and, in relation to Scotland, the Court of Session [³⁸³ and in relation to a specified dependent territory, the corresponding court in that territory;]

• [³⁸⁴ “the appropriate officer” means, in relation to the High Court in England and Wales, the Secretary of the Principal Registry of the Family Division; in relation to the-Court of Session, the Deputy Principal Clerk of Session; and in relation to the appropriate court in a specified dependent territory, the corresponding officer of that court;]

• “custody order” means a custody(; order within the meaning of any of sections 1, 32, 40 and 42(5) and (6) of the Act;

• [³⁸⁵ . . .]

• “register” means the register kept for the purposes of the Act;

• “registration” means registration under Part I of the Act, and registered shall be construed accordingly.

• [³⁸⁴ “specified dependent territory” means a dependent territory specified in column 1 of Schedule 1 to the Family Law Act 1986 (Dependent Territories) Order 1991³⁸⁶.]

Application for Recognition and Enforcement of Custody Orders

7

• (1) An application under section 27 of the Act for the registration of a custody order made by a county court shall be made by filing in the office of that court a certified copy of the order, together with a certified copy of any order which has varied any of the terms of the original order and an affidavit by the applicant, and a copy thereof, which shall state—

• (a) the name and address of the applicant and his interest under the order;

• (b) the name and date of birth of the child in respect of whom the order was made, his whereabouts or suspected whereabouts and the name of the person with whom he is alleged to be;

• (c) the name and address of any other person who is known to the applicant to have an interest under the order and whether it has been served on him;

• (d) whether the order is to be registered in England and Wales or Scotland [³⁸⁷ or a specified dependent territory or (stating which) in more than one of these;]

• (e) that, to the best of the applicant’s information and belief, the order is in force;

• (f) whether, and if so where, the order is already registered; and

• (g) details of any order known to the applicant which affects the child and is in force in the jurisdiction in which the custody order is to be registered,

and there shall be exhibited to the affidavit any document relevant to the application.

• (2) Where the documents referred to in paragraph (1) are to be sent to the appropriate court, the chief clerk shall—

• (a) retain the affidavit in the records of the court and send the copy thereof and the other documents to [³⁸⁷ the appropriate officer] indicating, where the order relates to more than one child, with respect to which child or children it is to be registered, and

• (b) record the fact of transmission in the records of the court.

• (3) On receipt of the notice of the registration of a custody order in the appropriate court the chief clerk shall note the fact of registration in the records of the court.

Refusal to Register

8

• (1) If it appears to the chief clerk that the custody order is no longer in force with respect to a child or more than one child or that a child or more than one child has attained the age of 16, he shall refuse to send the documents referred to in Rule 7(1) to the appropriate court or shall indicate thereon with respect to which child or children the order is not to be registered, and shall within 14 days give notice to the applicant of his refusal or indication and the reason for it.

• (2) If the chief clerk refuses to send the documents to the appropriate court, the applicant may apply to [³⁸⁸ the judge] in chambers for an order that the documents be sent to the appropriate court, or that they be sent with respect to a particular child or children.

Revocation or variation of registered order

9

• (1) Where a custody order which is registered in the appropriate court is revoked or varied by a county court, the chief clerk of the court making the subsequent order shall—

• (a) send a copy of the subsequent order to [³⁸⁷ the appropriate officer] and to the court which made the custody order, if that court is different from the court making the subsequent order, for filing by that court;

• (b) record the fact of transmission in the records of the court, and

• (c) retain the subsequent order in the records of the court.

• (2) On receipt of notice from the appropriate court of the amendment of its register, the chief clerk of the court which made the custody order and of the court which made the subsequent order if different shall each record the fact of amendment.

Other proceedings

10

A party to proceedings in a county court for or relating to a custody order who knows of other proceedings (including proceedings out of the jurisdiction and concluded proceedings) which relate, to the child concerned shall file an affidavit which shall state—

• (a) in which jurisdiction and court the other proceedings were instituted;

• (b) the nature and current state of such proceedings and the relief claimed or granted;

• (c) the names of the parties to such proceedings and their relationship to the child; and

• (d) if applicable, and if known, the reasons why the relief claimed in the proceedings for or relating to the custody order was not claimed in the other proceedings.

Stay of proceedings

11

• (1) Where under section 22(2) of the Act a county court stays proceedings on an application for a custody order it shall cause notice of the stay to be given to the parties to the proceedings.

• (2) Where under section 22(3) of the Act a county court removes a stay granted in accordance with section 22(2) it shall cause notice of the removal of the stay to be given to the parties to the proceedings and shall proceed to deal with the application accordingly.]

[ PART III — REGISTRATION OF MAINTENANCE ORDERS UNDER PART II OF THE MAINTENANCE AND AFFILIATION ORDERS ACT (NORTHERN IRELAND) 1966

Interpretation

12

In this Part—

• “the Act” means the Maintenance and Affiliation Orders Act (Northern Ireland) 1966³⁹⁰;

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

Application for registration

13

• (1) An application under section 11 of the Act for the registration in a court of summary jurisdiction of a maintenance order made by a county 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 chief clerk 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 falls due;

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

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

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

• (2) The chief clerk on receipt of the certified copy of a maintenance order and accompanying affidavit shall refer the application to [³⁹¹ the judge] in chambers.

• (3) Where the application is granted on the making of the maintenance order or an order varying the maintenance order the applicant shall lodge 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).

• (4) The period required to be prescribed for the purpose of section 11(2) of the Act shall be 14 days.

• (5) The chief clerk shall send the certified copy of the maintenance order, as required by the said section 11(2), to the clerk of petty sessions ... 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 (3), as the case may be.

• (6) On receipt of notice that a maintenance order made by a county court has been registered in a court of summary jurisdiction in accordance with section 11(5) of the Act the chief clerk shall enter particulars of the registration in the court minutes.

Variation or discharge of registered order

14

• (1) Where a county court makes an order varying or discharging a maintenance order registered in a court of summary jurisdiction under Part II of the Act, the chief clerk 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 a county court and registered in a court of summary jurisdiction under Part II of the Act is received from the clerk of petty sessions, the chief clerk shall file the copy and enter particulars of the variation in the court minutes.

Cancellation of registration

15

On receipt of notice from a clerk of petty sessions that the registration in a court of summary jurisdiction under Part II of the Act of a maintenance order made by a county court has been cancelled, the chief clerk shall enter particulars of the cancellation in the court minutes.]

PART I — ROAD TRAFFIC (NORTHERN IRELAND) ORDER 1981

Notice to insurer

1

The notice of proceedings to be given by a claimant to an insurer (or the giver of a security) under Article 98 of the Road Traffic (Northern Ireland) Order 1981³⁹³ shall be in Form 292, with such variations as the circumstances may require.

[ PART II — MENTAL HEALTH (NORTHERN IRELAND) ORDER 1986

Interpretation

3

In this Part—

• (a) an Article referred to by number means the Article so numbered in the Mental Health (Northern Ireland) Order 1986³⁹⁷ and expressions which are defined in that Order have the same meaning as they have in that Order;

• (b) “the Order” means the Mental Health (Northern Ireland) Order 1986;

• (c) “place of residence” means, in relation to a patient who is receiving treatment as an in-patient in a hospital or other institution, that hospital or institution.

Where proceedings may be commenced

4

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

Notice of application under Part II of the Order

5

• (1) Notice of application under Part II of the Order shall be given in Form 299, 301 or 303, as the case may be.

• (2) The Notice shall be served on the chief clerk and the respondent not less than [³⁹⁸ 28 days before the date fixed for the hearing] or within such other period as [³⁹⁹ the judge] may direct.

[⁴⁰⁰ . . .]

• (4) Where an application is made under Part II of the Order by a person other than an officer of the responsible Board and the Board is not otherwise a respondent to that application, notice of the application shall be served on the Board in accordance with paragraph (2).

Respondents to applications under Part II of the Order

6

• (1) Where an application is made under Article 25(3) (to transfer guardianship to the responsible Board or to some other person) the person having guardianship of the patient shall be the respondent.

• (2) Where an application is made under Article 36 (appointment by county court of acting nearest relative) the nearest relative of the patient shall be the respondent unless the application is made on the ground specified in paragraph (3)(a) of Article 36 or the court otherwise directs.

• (3) Where an application is made under Article 37 (discharge and variation of orders under Article 36) the respondent shall be—

• (a) in the circumstances specified in paragraph (1)(a), (2) or (3) of Article 37, the person who was the respondent to the original application under Article 36;

• (b) in the circumstances specified in paragraph (1)(b) of Article 37, the person having the functions of the nearest relative of the patient by virtue of the order under Article 36.

• (4) Without prejudice to paragraphs (1) to (3), the court may direct that any other person, not being the patient, shall be made a respondent to an application under Part II of the Order.

Evidence

7

• (1) On the hearing of an application under Part II of the Order the court may accept as prima facie evidence of the facts stated therein any report made by a medical practitioner and any report made in the course of his official duties by—

• (a) a probation officer; or

• (b) an approved social worker.

• (2) The respondent shall be informed of the substance of any part of the report bearing on his fitness or conduct which [⁴⁰¹ the judge] considers to be material to the manner in which the application should be dealt with.

Sitting in chambers

8

Unless [⁴⁰¹ the judge] directs otherwise, an application under Part II of the Order shall be heard and determined in chambers.

Power to interview the patient

9

• (1) For the purpose of determining an application under Part II of the Order the judge may interview the patient either in the presence of or separately from the parties and either at the court or elsewhere.

• (2) [⁴⁰¹ The judge] may direct the [⁴⁰² district judge] to interview the patient as provided for by paragraph (1) and report to [⁴⁰¹ the judge] in writing.]

[ PART III — SOLICITORS (NORTHERN IRELAND) ORDER 1976

Interpretation

10

In this Part—

• “the Order” means the Solicitors (Northern Ireland) Order 1976.

Application in respect of contentious business agreement

11

• (1) An application to the court under Part V of the Order in respect of a contentious business agreement shall be made by notice in Form 314.

• (2) An application to the [⁴⁰² district judge] under Part V of the Order in respect of a contentious business agreement shall be made by notice in Form 315.

• (3) The notice under paragraph (1) or (2) shall be served on the respondent and a copy thereof on the chief clerk together with a copy of the contentious business agreement to which the application relates, not less than [⁴⁰⁴ 28 days before the date fixed for the hearing].

[⁴⁰⁵ . . .]

• (5) Unless otherwise directed, the application shall be heard and determined in chambers.

• (6) An order or determination of the court pursuant to an application made under paragraph (1), or where an application was made under paragraph (2) and the [⁴⁰² district judge] has required the opinion of the court, shall be in Form 316.

Application for order for taxation under Article 71F of the Order

12

• (1) An application to the court under Article 71F(1) of the Order shall be made by notice in Form 317 and an order upon such application shall be in Form 318.

• (2) An application to the [⁴⁰² district judge] for an order under Article 71F(2) shall be made by notice in Form 319 and an order upon such application shall be in Form 320.

• (3) The notice under paragraph (1) or (2) shall be served on the respondent and a copy thereof on the chief clerk together with a copy, if available, of the bill of costs to which the application relates, not less than [⁴⁰⁶ 28 days before the date fixed for the hearing].

[⁴⁰⁷ . . .]

• (5) Unless otherwise directed, the application shall be heard and determined in chambers.

PART IV — COPYRIGHT, DESIGNS AND PATENTS ACT 1988: FORFEITURE ORDERS

Application for forfeiture orders under the Copyright, Designs and Patents Act 1988

13

• (1) [⁴⁰⁸ An application under section 114, 204, or 231 of the Copyright, Designs and Patents Act 1988 (c.48) or an application under section 97 of the Trade Marks Act 1994 (c. 26) shall be made by Notice in Form 323.]

• (2) The applicant shall serve notice of the application on all persons, so far as reasonably ascertainable, having an interest in the copy or other article which is the subject of the application, including any person in whose favour an order could be made in respect of the copy or other article under any of the said sections of the Act of 1988 or [⁴⁰⁸ under section 97 of the Trade Marks Act 1994], not less than [⁴⁰⁶ 28 days before the date fixed for the hearing].

• (3) The applicant shall file a copy of the Notice of Application in the Office not less than [⁴⁰⁶ 28 days before the date fixed for the hearing].

[⁴⁰⁷ . . .]

• (4) ⁴⁰⁹Where [⁴¹⁰ the judge] makes an order for delivery up, forfeiture or destruction of infringing goods or articles designed or adapted to make such goods the defendant shall pay the costs of complying with the order unless [⁴¹⁰ the judge] orders otherwise.

• (5) Without prejudice to any other provisions of these Rules, [⁴¹⁰ the judge] may, where he finds that an intellectual property right has been infringed, order appropriate measures for the dissemination and publication of the judgment to be made at the expense of the defendant.]

[ PART V — ACCESS TO HEALTH RECORDS (NORTHERN IRELAND) ORDER 1993

Interpretation

14

In this Part:

• “the Order” means the Access to Health Records (Northern Ireland) Order 1993⁴¹²;

• “the Regulations” means the Access to Health Records (Steps to Secure Compliance and Complaints Procedures) Regulations (Northern Ireland) 1994⁴¹³;

• “the holder of the health record” has the same meaning as in the Order;

• “Health professional” has the same meaning as in the Order;

• “complaint” means a complaint made in accordance with the Regulations;

• “date of complaint” has the same meaning as in the Regulations;

• “the report” means a report made in accordance with the Regulations in response to a complaint.

Application under Article 10 of the Order

15

• (1) An application under Article 10 of the Order may be made by notice of application in Form 396 ...

• (2) An application under the said Article 10 may be brought:

• (a) where the applicant has received a report in accordance with regulation 5 of the Regulations, within one year of the date of the report;

• (b) where the applicant has not received such a report, within 18 months of the date of the complaint.

• (3) An affidavit shall be lodged in support of the notice of application setting out the steps taken in accordance with the Regulations to secure compliance with any requirement of the Order, and there shall be exhibited to the affidavit:

• (a) a copy of the application under Article 5 or Article 8 of the Order as appropriate;

• (b) a copy of the complaint made in accordance with the Regulations;

• (c) a copy of any report given by the holder of the health record if applicable.

• (4) A copy of the said affidavit shall be served on the defendant with the notice of application.]

[ PART VI — PROTECTION FROM HARASSMENT (NORTHERN IRELAND) ORDER 1997

Interpretation

16

In this Part “the Order” means the Protection from Harassment (Northern Ireland) Order 1997⁴¹⁵.

Division where proceedings may be commenced

17

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

Warrants of arrest

18

An application for the issue of a warrant for the arrest of the defendant under Article 5(3) of the Order shall—

• (a) state that it is an application for the issue of a warrant for the arrest of the defendant;

• (b) set out the grounds for making the application and be supported by an affidavit or evidence on oath;

• (c) state whether the plaintiff has informed the police of the defendant’s conduct on which the application is grounded; and

• (d) state whether, to the plaintiff ‘s knowledge, criminal proceedings are being pursued.

Form of warrant

19

A warrant of arrest issued in accordance with Article 5(3) of the Order shall be in Form 265A.

Proceedings

20

The court before whom a person is brought following his arrest may—

• (a) determine whether the facts and the circumstances which led to the arrest amounted to disobedience of the injunction, or

• (b) adjourn the proceedings and, where such an order is made, the arrested person shall be released and—

• (i) may be dealt with within 14 days of the day on which he was arrested; and

• (ii) be given not less than 2 days’ notice of the adjourned hearing.

Saving

21

This Part shall apply to injunctions granted on or after the date of the commencement of this Part and injunctions granted before that date shall be treated as if this Part had not come into operation.]

[ PART VII — THE HUMAN RIGHTS ACT 1998

Interpretation

22

In this Part—

• “the Act” means the Human Rights Act 1998⁴¹⁷;

• “appropriate person” has the same meaning as in Section 9(5) of the Act;

• “Convention rights” has the same meaning as in section 1 of the Act”;

• “judicial act” has the same meaning as in section 9(5) of the Act;

• “originating process” means a civil bill, petition, notice of application or any other method of commencing proceedings in a county court;

• “public authority” has the same meaning as in section 6(3) of the Act.

Commencement of proceedings

23

• (1) Subject to paragraph (2), proceedings under section 7(1)(a) of the Act may be brought in a county court in accordance with such provisions as relate to the action or other type of proceeding which it is sought to bring.

• (2) Proceedings under section 7(1)(a) of the Act in respect of a judicial act may be brought in a county court only by exercising a right of appeal.

Proceedings

24

• (1) A party who intends to rely on a Convention right or rights in proceedings before a county court shall state that fact and shall specify such details as are referred to in paragraph (3)—

• (a) if he is a plaintiff, petitioner or applicant, in the originating process;

• (b) if he is an appellant, in the notice of appeal;

• (c) if he is a defendant or a respondent to a petition, application or appeal, or in any other case, on a notice in Form 397.

• (2) A notice in Form 397 shall be delivered to the chief clerk and served on each of the other parties to the proceedings—

• (a) at the same time as any notice of intention to defend is so delivered and served; or

• (b) in a case where there is no notice of intention to defend, as soon as practicable after notice of the proceedings has been received.

• (3) The following shall be specified in accordance with paragraph (1)—

• (a) details of the Convention right or rights which it is alleged have been (or would be) infringed and details of the alleged infringement;

• (b) the relief sought;

• (c) whether the relief sought includes a claim for damages in respect of a judicial act to which section 9(3) of the Act applies;

• (d) where the proceedings are brought following a finding by another court or tribunal that a public authority has acted in a way which is made unlawful by section 6(1) of the Act, details of that finding;

• (e) where the proceedings relate to a judicial act which is alleged to have infringed a Convention right or rights of a party as provided by section 9 of the Act, details of the judicial act complained of and of the court or tribunal which is alleged to have performed that act.

• (4) Paragraph (1) shall not apply to an appellant in any appeal brought to a county court except where such an appellant intends to rely on a Convention right or rights not relied upon by him before the court or tribunal from whose decision the appeal is brought.

Proceedings in respect of judicial act: Notice to appropriate person

25

• (1) Where proceedings under section 7(1)(a) of the Act in respect of a judicial act are brought in a county court in accordance with section 9(1)(a) of the Act, the Court shall give notice of those proceedings in Form 398 to the appropriate person.

• (2) The notice referred to in paragraph (1) shall be given by the Court having had regard to the list of authorised Northern Ireland Departments or authorised Departments of the Government of the United Kingdom published in pursuance of section 17 of the Crown Proceedings Act 1947⁴¹⁸.

Proceedings in respect of a judicial act: joinder of appropriate person

26

• (1) Subject to paragraph (3), where notice has been given under Rule 25, the appropriate person shall be joined as a party on giving notice in accordance with paragraph (2).

• (2) The notice referred to in paragraph (1) shall be in Form 399 and—

• (a) shall be lodged with the chief clerk not later than 21 days, or such other period as the Court may specify, after the date of service of notice under Rule 25;

• (b) a copy shall be served on each of the parties to the proceedings as soon as practicable thereafter; and

• (c) where a Minister has nominated a person or a government department under section 9(5) of the Human Rights Act 1998, shall be accompanied by a copy of that nomination in writing.

• (3) Where the appropriate person does not give notice within the time allowed by paragraph (2), the Court may direct that the appropriate person be joined as a party to the proceedings.

• (4) Where the appropriate person is joined as a party to the proceedings under paragraphs (2) or (3), the Court may give such directions as it considers necessary for the future conduct of the proceedings.]

[ PART IX — EXTRADITION ACT 2003

Interpretation

27

In this Part—

• (a) “the Act” means the Extradition Act 2003;

• (b) a section referred to by number means the section so numbered in the Act; and

• (c) expressions which are defined in the Act have the same meaning in this Part as they have in the Act.

Application for live link direction

28

• (1) An application for a live link direction under section 206A of the Act shall be made by giving notice in Form 400.

• (2) An application under paragraph (1) shall be made not less than 7 days before the day fixed for the hearing to which the application relates.

• (3) The applicant shall serve a copy of the notice under paragraph (1) on—

• (a) the chief clerk, and

• (b) every other party to the proceedings.

• (4) Any party who wishes to oppose the application shall, within 3 days of the date that the notice under paragraph (1) was served on him, notify the applicant and the chief clerk, in writing, of the grounds for the objection.

• (5) Except where an objection is received in accordance with paragraph (4), the court may—

• (a) determine the application in favour of the applicant without a hearing; or

• (b) direct a hearing.

• (6) Where a party to the proceedings notifies the chief clerk in accordance with paragraph (4) of his opposition to the application, the chief clerk shall fix a date for the hearing of the application.

• (7) Where a hearing is to take place in accordance with paragraphs (5) or (6), the chief clerk shall notify each party to the proceedings of the time and place of hearing.

• (8) A party notified in accordance with paragraph (7) may be present at the hearing and may make representations in respect of the application.

• (9) The chief clerk shall, as soon as reasonably practicable after the determination of an application under paragraph (1), notify all the parties of the decision in Form 401.

• (10) The court may if it considers it is in the interest of justice to do so, allow an application required under this rule to be given in a different form, or orally.

Application for rescission of a direction

29

• (1) An application under section 206B of the Act to rescind a live link shall be made in writing and shall give reasons why the direction should be rescinded.

• (2) An application under paragraph (1) shall be served on the chief clerk and on each party to the proceedings as soon as reasonably practicable.

• (3) Paragraphs (4) to (10) of rule 28 shall apply to an application to rescind a live link direction as they apply to an application for a live link direction.]

PART I — INTERPRETATION

Interpretation

1

In this Order “the Order” means the Matrimonial and Family Proceedings (Northern Ireland) Order 1989.

[ . . .]

PART III — DECLARATIONS AS TO ADOPTIONS EFFECTED OVERSEAS

Commencement of Proceedings

4

• (1) An application under Article 33 of the Order for a declaration as to an adoption effected overseas shall be commenced by petition in Form 309.

• (2) There shall be attached to the petition a copy of the petitioner’s birth certificate (if it is available, this should be the certificate made after the adoption referred to in the petition) and a certified copy of the adoption order effected under the law of any country outside the United Kingdom, the Channel Islands and the Isle of Man.

• (3) Where a document produced by virtue of paragraph (2) is not in English it shall be accompanied by a translation certified by a notary public or authenticated by affidavit.

5

The following persons shall, if alive, be respondents to the application—

• (a) those whom the petitioner claims are his adoptive parents for the purposes of Article 40 of the Adoption (Northern Ireland) Order 1987⁴²³;

• (b) those whom the petitioner claims are not his adoptive parents for the purpose of that Article.

PART IV — GENERAL PROVISIONS

Application

6

The provisions of this Part apply to all proceedings whether commenced under [⁴²⁴ . . .] Part III.

Affidavit in support of petition

7

• (1) The petition shall be supported by an affidavit by the petitioner giving particulars of every person whose interest may be effected by the proceedings and his relationship to the petitioner.

Provided that if the petitioner is under the age of 18 the affidavit shall be made by his next friend.

Notice of the petition to be given to the Attorney-General

8

• (1) A copy of the petition and every document accompanying it shall be given by the petitioner to the Crown Solicitor, on behalf of the Attorney-General at least one month before the petition is filed and it shall not be necessary thereafter to serve these documents upon him.

• (2) On the petition being filed in accordance with Rule 9, notice of filing shall be given by the petitioner to the Crown Solicitor on behalf of the Attorney-General, who shall notify the chief clerk in writing within fourteen days of such notice if he intends to intervene in the proceedings.

• (3) The Attorney-General, in deciding whether it is necessary or expedient to intervene in the proceedings, may have a search made for and may inspect a copy of any document filed or lodged in the court which relates to any other matrimonial proceedings referred to in the proceedings.

Filing of Petition

9

The petition and accompanying documents shall be submitted to the chief clerk together with copies for service and a copy for the use of the court, and he shall issue the petition by indorsing on it a notice in Form 310 and shall file the original and return the copies for service.

Service of Petition

10

Not less than twenty-eight days before the date fixed for hearing the petitioner shall serve every respondent other than the Attorney-General with a copy of the petition.

Objections

11

A respondent wishing to object to the making of the declaration sought shall, within the time limit specified in Form 310, serve notice or objection in Form 311 on the chief clerk and a copy on every other party to the proceedings, including the Crown Solicitor on behalf of the Attorney-General.

Reply by Attorney-General

12

Where the Attorney-General has given the chief clerk notice of intention to intervene in the proceedings he shall, at least ten days before the dated fixed for hearing, file a summary of his argument in the court office and shall deliver a copy thereof to all other parties to the proceedings.

Form of declaration

13

[⁴²⁵ . . .]

• (2) Declarations made in accordance with Article 33 of the Order shall be in Form 313.]

PART I — INTERPRETATION

Interpretation

1

• (1) In this Order—

• “the 1977 Order” means the Criminal Damage (Compensation) (Northern Ireland) Order 1977⁴²⁷);

• “the 1988 Order” means the Criminal Injuries (Compensation) (Northern Ireland) Order 1988⁴²⁸;

• “the 1978 Act” means the Northern Ireland (Emergency Provisions) Act 1978⁴²⁹;

• “the 1991 Act” means the Northern Ireland (Emergency Provisions) Act 1991⁴³⁰.

• (2) Without prejudice to section 24 of the Interpretation Act (Northern Ireland) 1954⁴³¹, service of any document under this Order may be by registered post or by the first class postal recorded delivery service and, in either case, using the advice of delivery form.

• (3) In the application of this Order to an application for compensation under the 1977 Order a reference to a determination includes a reference to a decision or order.

• (4) For the purposes of appeals under the 1978 Act:

• (a) references in this Order and in Forms 373 to 386 to section 63, section 63(2), section 63(3) and section 63(4) of the 1991 Act shall be construed as references to section 28, section 28(2), section 28(4) and section 28(5) of the 1978 Act respectively; and

• (b) a reference in the Forms to any other provision of the 1991 Act shall be construed as a reference to the corresponding provision in the 1978 Act.

PART II — APPEALS TO THE COUNTY COURT

Lodging of certain appeals to the county court

2

• (1) This rule shall apply to an appeal to the county court under—

• (a) Article 15 of the 1977 Order;

• (b) Article 16 of the 1988 Order;

• (c) section 28(4) or (5) of the 1978 Act and for the purposes of appeals under the 1978 Act references in this Order and in Forms 373 to 386 to section 63(3) of the 1991 Act shall be construed as references to section 28(4) of the 1978 Act and references to section 63(4) of the 1991 Act shall be construed as references to section 28(5) of the 1978 Act;

• (d) section 63(3) or (4) of the 1991 Act.

• (2) Subject to any directions under Article 4 of the Order, an appeal shall be heard at the ordinary sittings of the county courts ... at such times as the Lord Chancellor may appoint in accordance with Article 6 of the Order.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) An appeal shall be by notice in one of Forms 324 to 327, 347 or 373 to 375 as appropriate and the appellant shall serve a copy on the Secretary of State at the address of the department dealing with the application for compensation.

• (5) The appellant shall lodge the appeal by delivering the notice to the chief clerk at his office duly endorsed as to service and attach to it—

• (a) any certificate of posting;

• (b) a copy of any notice of determination served on the appellant under Article 15(1) of the 1977 Order, Article 12(1) or (2) of the 1988 Order or section 63(3) or (4) of the 1991 Act as appropriate endorsed with a certificate as to the date of service of the notice on him;

• (c) a copy of any written notice of intention to apply for compensation served on the Secretary of State in accordance with Article 7(1) of the 1977 Order or Article 5(4)(b) of the 1988 Order; and

• (d) a copy of any written form of application for compensation made under Article 8 of the 1977 Order, Article 4 of the 1988 Order or section 63(2) of the 1991 Act.

• (6) The notice shall state whether the appeal is against the entire determination or only against so much thereof as the appellant disputes and in every case the grounds of appeal.

• (7) Nothing in this rule shall prevent the court from considering other items specified in the determination or from considering grounds of appeal not referred to in the notice.

• (8) The appellant shall request the chief clerk to enter the appeal for hearing by delivering to the chief clerk at his office a certificate of readiness in Form 346 and the appellant shall serve a copy on the Secretary of State at the address of the department dealing with the application for compensation.

• (9) Upon receipt of a certificate of readiness the chief clerk shall enter the appeal for hearing [⁴³² . . .], and shall cause notice of such hearing to be given to the parties.

• (10) Without prejudice to paragraph (7), the chief clerk may enter an appeal for hearing and shall cause notice of such hearing to be given to the parties notwithstanding that a certificate of readiness has not been delivered by the appellant.

• (11) A certificate for the purposes of section 25 of the Crown Proceedings Act 1947⁴³³ of an order allowing an appeal under Article 15 of the 1977 Order, Article 16 of the 1988 Order or section 63 of the 1991 Act shall be in one of Forms 328 to 331, 348 or 376 to 377 as appropriate and an order dismissing such appeal shall be in one of Forms 332 to 334, 349 or 378 to 381 as appropriate.

Payment into court

3

• (1) This rule shall apply to a payment into court made by virtue of—

• (a) Article 15(3) of the 1977 Order; or

• (b) Article 16(3) of the 1988 Order; or

• (c) paragraph (2) of this rule.

• (2) The Secretary of State may make a payment into court in accordance with this rule in respect of a claim to compensation made under section 63 of the 1991 Act.

• (3) Payment into court by the Secretary of State may be made at any lime within 21 days from service of the copy of the notice of appeal upon him by lodging in court—

• (a) such sum of money as the Secretary of State thinks sufficient to satisfy so much of the appellant’s claim to compensation under Article 3 of the 1977 Order, Article 3 of the 1988 Order or section 63 of the 1991 Act as is in dispute and hence the subject of the appeal;

• (b) such sum of money as the Secretary of State thinks sufficient in respect of the costs and expenses incurred by the appellant in making out and verifying his claim to compensation;

• (c) a written undertaking to pay to the appellant any costs or expenses reasonably incurred by him between the date on which the Secretary of State served on him his determination and the date of lodgment.

• (4) Notice to the appellant in Form 335, 350 or 382 as appropriate of payment into court by the Secretary of State shall be given at the time of such lodgment.

• (5) Money shall be paid into court by lodging it in the County Court Bank to the credit of the Criminal Injuries Account in accordance with Order 45 Part I, and where any money is lodged a copy of the notice sent to the appellant under paragraph (4) shall be lodged with the chief clerk and a copy shall also be lodged with the bank, such last-mentioned copy being headed with the additional words “Criminal Injuries Account”.

• (6) Money paid into court shall remain in court subject to further order unless the appellant elects to take it out as provided by this rule.

• (7) The appellant may, either before the expiration of a period of 21 days commencing on the date of service upon him of the notice in Form 335, 350 or 382 as appropriate or before the commencement of the sittings at which the appeal is to be heard, whichever first occurs, or subsequently with the consent of the Secretary of State, sign and serve on the Secretary of State and lodge with the chief clerk a notice in Form 336, 351 or 383 as appropriate accepting the amount in satisfaction of his claim.

• (8) Subject to paragraph (11), where the money is accepted by the appellant under paragraph (7) all further proceedings in the appeal by the appellant shall be stayed and the money paid into court shall be paid out to the appellant without the necessity of any decree or order of the court and the Secretary of State shall not be liable to any further costs other than those payable under the undertaking referred to in paragraph (3)(c).

• (9) Where the costs and expenses referred to in paragraph (3)(c) are not agreed between the Secretary of State and the appellant, they shall be settled by the district judge subject to an appeal to [⁴³⁴ the judge], notice of which appeal shall be served on the Secretary of State and the district judge not more than 2 days after the costs are so settled.

• (10) The Secretary of State shall, within 14 days from the day on which the parties agree on the sum due under the undertaking referred to in paragraph (3)(c) or on which the sum is settled by the district judge or, as the case may be, determined by [⁴³⁴ the judge], pay that sum to the appellant.

• (11) Where notice of acceptance under paragraph (7) is served by, or on behalf of, an appellant under a legal disability—

• (a) the money paid into court shall not be paid out without an order of [⁴³⁴ the judge];

• (b) a notice of intention to apply to [⁴³⁴ the judge] for approval of such acceptance shall also be served on the Secretary of State and lodged in the office of the chief clerk;

• (c) the application to [⁴³⁴ the judge] shall be made at the time the appeal would, if no notice of acceptance had been served, have been heard by [⁴³⁴ the judge]; and

• (d) the appellant shall be entitled to his costs of the application unless [⁴³⁴ the judge] otherwise directs.

• (12) An order approving acceptance by a person under a disability in satisfaction of a sum lodged by the Secretary of State shall be in Form 337, 352 or 384 as appropriate.

Costs where payment into court by Secretary of State not accepted

4

• (1) Where money has been paid into court by the Secretary of State in accordance with this Order and the appellant does not serve notice of acceptance in accordance with Rule 3(7) and does not on appeal obtain an order for the recovery, in relation to such items in the decision or determination of the Secretary of State as are the subject of the appeal, of an amount of compensation or, where appropriate, any sum payable in respect of the amount payable in accordance with rule 3(3)(b) greater than the amount paid into court, then, where the appellant is not under a legal disability, he shall not be entitled to any costs against the Secretary of State and shall be liable for the costs of the Secretary of State in such amount as the court may determine.