Rule 84.18 Application for issue of a certificate under section 64 of the 2007ActF1F2
This rule applies to an application for the issue of a certificate under section 64 of the 2007 Act.
The application must specify one of the County Court hearing centres listed in Practice Direction 84 as the centre at which the application is to be heard.
The application must, in addition to the matters specified in rule 23.6, provide evidence that the applicant fulfils the requirements of regulation 3(b) of the Certification Regulations, and in particular—
the application must be accompanied by the documents specified in Practice Direction 84; and
the additional documents specified in Practice Direction 84 must be produced to the court on the day of the hearing.
If any reasons have been submitted to the court in response to the notice of the application required by regulation 4(5) of the Certification Regulations, a copy of those reasons must be sent to the applicant at least 7 days before the hearing, and the applicant may respond both in writing and at the hearing.
The applicant must also file such further evidence as the court may direct.
The applicant must attend for examination on the day of the hearing.
Rules 23.2, 23.4, 23.7, 23.8, 23.9 and 23.10 do not apply to an application to which this rule applies.
Annotations
Textual amendments
- F1
Pt. 84 inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rule 2(3), Sch. (with rule 41)
- F2
Pt. 84 Section 4 inserted (6.4.2014) by The Civil Procedure (Amendment No.2) Rules 2014 (S.I. 2014/482), rules 2, 4, Sch. (with rule 5)
- F3
Words in rule 84.18(2) substituted (14.8.2023) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(2), 33
- F4
Words in rule 84.18(2) substituted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 32(a)
Notes on Part 84
Modifications
- C1
Pt. 84 applied (with modifications) (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 24.2(f), 24.6(1)