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Rule 5 Litigation friend: appointment

Original text. Later amendments are not shown.

(1)

The President of Tribunals may appoint a person under section 17 of the CCM as the litigation friend for another person (referred to in this Part as “the protected party”) if the President is satisfied that the person wishing to be so appointed—

(a)

can fairly and competently conduct the proceedings on the complaint in question for the protected party, and

(b)

has no interest adverse to that of the protected party.

(2)

An application for the appointment of a person under section 17 of the CCM as a litigation friend must be made in accordance with rule 105.

(3)

The application must be made by—

(a)

the person who wishes to be appointed as the litigation friend, or

(b)

a person who seeks the appointment of another person as a litigation friend for the protected party.

(4)

The application must be accompanied by a certificate of suitability given in writing in the form set out in Form 1.

(5)

The certificate in Form 1 must be signed and dated by the person who wishes to be appointed as the litigation friend and must be verified by a statement of truth made by that person.

(6)

The President of Tribunals may determine the application without a hearing.

(7)

Having determined the application, the President must give written notice of the determination to—

(a)

the protected party, and

(b)

the person wishing to be appointed.

(8)

Where a person is appointed as a litigation friend after the complaint is made, the person appointed must give a copy of the order making the appointment to—

(a)

the respondent, and

(b)

the responsible bishop.

(9)

In the case of a complaint of serious misconduct which has been referred to a tribunal or court, references in this Part to the President of Tribunals are to be read as references to the Chair of that tribunal or court.