Regulation 50 Notification of issue of certificates

(1)

Whenever an assisted person becomes a party to proceedings, or a party to proceedings becomes an assisted person, his solicitor shall forthwith–

(a)

serve all other parties to the proceedings with notice of the issue of a certificate; and

(b)

if at any time thereafter any other person becomes a party to the proceedings, forthwith serve a similar notice on that party.

(2)

Copies of the notices referred to in paragraph (1) shall form part of the papers for the use of the court in the proceedings.

(3)

Where an assisted person’s solicitor–

(a)

commences any proceedings for the assisted person in a county court; or

(b)

commences proceedings in accordance with Order 112, rule 3 or 4 of the Rules of the Supreme Court 1965^f1 or rule 101 or 103 of the Matrimonial Causes Rules 1977^f2;

and at the same time files a copy of the notice to be served in accordance with paragraph (1), a copy of that notice shall be annexed to the originating process for service.

(4)

A solicitor who receives a certificate from an Area Director shall, if proceedings have begun, or otherwise upon their commencement, send a copy of it by post to the appropriate court office or registry.

(5)

Paragraphs (1) to (4) shall not apply to authorised summary proceedings and, where an assisted person is a party to such proceedings, his solicitor shall, before or at the first hearing that takes place after the certificate has been issued, file the certificate with the clerk to the justices.

Annotations

Footnotes

f1: S.I. 1965/1776; relevant amending instruments are S.I. 1971/1955 and 1983/1181.
f2: S.I. 1977/344; the relevant amending instrument is S.I. 1986/634.