Paragraph 72.3 Disapplication of effects of notice of application or a non-disclosure requirementF1

An application under sections 8(2)(a) (disapplication of non-disclosure requirement) or 13(2)(a) (disapplication of duty under section 13(1)) of the 2019 Act must be made in Form 72.3.

The court must order intimation of the application to the appropriate officer.

The appropriate officer must, within seven days of intimation of the application, notify the clerk of court in writing whether or not the application is opposed.

Where the appropriate officer notifies the clerk of court that the application is not opposed, the court must proceed to dispose of the application and may do so in the absence of the applicant.

Where the appropriate officer notifies the clerk of court that the application will be opposed, the clerk of court must arrange a hearing at which the parties may appear or be represented.

The proceedings must be in private.

The clerk of court must give notice in writing of the decision of the court on an application referred to in paragraph (1) to the applicant and the appropriate officer.