Paragraph 52.4 Applications for variation, discharge or failure to comply with sections 23F or 23GF1

(1)

An application under section 23C(2) of the 1995 Act for an order to vary or discharge a production order shall be by minute in Form 52.4-A.

(2)

An application under section 23H(2) of the 1995 Act for an order that there has been a failure to comply with requirements of sections 23F or 23G shall be by minute in Form 52.4-B.

(3)

A minute under paragraph (1) or (2) shall be lodged with the clerk of court.

(4)

On receipt of a minute under paragraph (1) or (2) the court shall make an order endorsed on the minute–

(a)

fixing a diet for the hearing of the minute; and

(b)

for service of the minute with the date of the diet on all relevant persons.

(5)

For the purpose of paragraph (4)(b), the relevant persons are–

(a)

in the case of an application under paragraph (1), every other person who is entitled, by virtue of that section, to apply for variation or discharge of the order;

(b)

in the case of an application under paragraph (2)–

(i)

the officer in respect of whose alleged failure the order is sought; and

(ii)

every other person who is entitled by virtue of section 23H(3) to apply for an order under section 23H(4) in respect of the alleged failure in question.

(6)

Where an order mentioned in paragraph (1) or (2) is made at a hearing fixed under paragraph (4) it shall be intimated by the clerk of court to all parties unless the party was present at the hearing at which the order was made.

Annotations

Textual amendments

F1: Sch. 2 Ch. 52 inserted (1.12.2007) by Act of Adjournal (Criminal Procedure Rules Amendment No. 5) (Miscellaneous) 2007 (S.S.I. 2007/495), paras. 1(1), 2(3)