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Rule 79.29 Application by appropriate Minister for reconsideration of order, direction or judgmentF1F8

(1)

This rule applies where the court proposes, in any proceedings to which F2Section 2 or 3 of this Part applies, to serve on a party other than F3the appropriate Minister —

(a)

notice of any order or direction made or given in the absence of the appropriate Minister; or

(b)

any written judgment.

(2)

Before the court serves any such notice or judgment on a party other than the appropriate Minister, it will first serve notice on the appropriate Minister of its intention to do so.

(3)

the appropriate Minister may, within 5 days of being served with notice under paragraph (2), apply to the court to reconsider the terms of the order or direction or to review the terms of the proposed judgment if F4the appropriate Minister considers—

(a)

F5the appropriate Minister’s compliance with the order or direction; or

(b)

the notification to another party of any matter contained in the judgment, order or direction,

would cause information to be disclosed contrary to the public interest.

(4)

Where the appropriate Minister F6makes an application under paragraph (3), F7the appropriate Minister must at the same time serve on a special advocate, if one has been appointed—

(a)

a copy of the application;

(b)

a copy of the relevant document referred to in paragraph (1)(a) or (b); and

(c)

a copy of the notice served on the appropriate Minister pursuant to paragraph (2).

(5)

If a special advocate has been appointed, rule 79.26 (except for paragraphs (6) and (7)) will apply with any necessary modifications to the consideration of an application under paragraph (3) of this rule.

(6)

The court will not serve notice on a party other than the appropriate Minister as mentioned in paragraph (1) before the time for the appropriate Minister to make an application under paragraph (3) has expired.

Annotations

Textual amendments

F1

Pt. 79 inserted (4.12.2008) by The Civil Procedure (Amendment No.2) Rules 2008 (S.I. 2008/3085), rule 1, Sch.

F2

Words in rule 79.29(1) inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 18(i)

F3

Words in rule 79.29 substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(21)(b)

F4

Words in rule 79.29(3) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(21)(c)(i)

F5

Words in rule 79.29(3) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(21)(c)(ii)

F6

Word in rule 79.29(4) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(21)(d)(i)

F7

Words in rule 79.29(4) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(21)(d)(ii)

F8

Words in rule 79.29 heading substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(21)(a)

Notes on Part 79

Textual amendments

F2

Pt. 79 heading substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(3)(a)

F3

Words in Pt. 79 Table of Contents substituted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(a)(i)

F4

Words in Pt. 79 Table of Contents inserted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(a)(ii)

F5

Words in Pt. 79 Table of Contents substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(3)(a)

F6

Words in Pt. 79 Table of Contents omitted (24.12.2010) by virtue of The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(a)(iv)

F7

Words in Pt. 79 Table of Contents substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(3)(b)

F8

Words in Pt. 79 Table of Contents omitted (24.12.2010) by virtue of The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(a)(v)

F9

Words in Pt. 79 Table of Contents inserted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(a)(vi)

F10

Words in Pt. 79 Table of Contents inserted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(a)(vii)

F11

Words in Pt. 79 Table of Contents inserted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(a)(viii)

F12

Words in Pt. 79 Table of Contents substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(3)(c)

F13

Words in Pt. 79 Table of Contents substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(3)(d)

F14

Words in Pt. 79 Table of Contents substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(3)(e)

F15

Words in Pt. 79 Table of Contents inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 18(a)

Notes on GENERAL PROVISIONS APPLICABLE TO SECTIONS 2 AND 3 OF THIS PART

Textual amendments

F2

Words in Pt. 79 Section 4 heading inserted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(j)