Rule 82.29 Application for revocation of declarationF1

(1)

An application under section 7(4)(a) of the Act for revocation of a declaration made under section 6 of the Act must be made by the applicant filing with the court—

(a)

a statement of reasons to support the application; and

(b)

any written submissions.

(2)

When such an application has been made, the court must serve notice of the application on—

(a)

all other parties and (if the Secretary of State is neither a party nor the applicant) the Secretary of State;

(b)

the legal representatives of those parties and (where relevant) the Secretary of State; and

(c)

the special advocate,

and must give directions for a hearing unless it considers that the application can be determined on the papers, in which case it may give directions as it considers appropriate.

(3)

Each party (and the Secretary of State if neither a party nor the applicant) and the special advocate must within 28 days of the date of notification under paragraph (2) file a response either—

(a)

containing written submissions supporting or opposing revocation of the declaration and giving reasons; or

(b)

confirming that the party (or the Secretary of State, or the special advocate, as appropriate) does not wish to make any submissions.

(4)

The court must, after receipt of the responses under paragraph (3), either—

(a)

give directions—

(i)

for a hearing to determine whether the declaration should be revoked; and

(ii)

specifying a date and time by which the parties (and Secretary of State if not a party) and special advocate must file and serve any written evidence or written submissions; or

(b)

determine the issue without a hearing.

(5)

A hearing under this rule shall take place in the absence of the specially represented party and the specially represented party’s legal representative.

Annotations

Textual amendments

F1: Pt. 82 inserted (27.6.2013) by The Civil Procedure (Amendment No. 5) Rules 2013 (S.I. 2013/1571), rule 1, Sch.

Notes on Part 82

Textual amendments

F2: Words in Pt. 82 Table of Contents inserted (6.4.2026) by The Civil Procedure (Amendment) Rules 2026 (S.I. 2026/97), rules 1(2)(a), 8(1)