OpenLegislation

Rule 15 Application under Article 10 of the Order

Northern Ireland

(1)

An application under Article 10 of the Order may be made by notice of application in Form 396 F1...

(2)

An application under the said Article 10 may be brought:

(a)

where the applicant has received a report in accordance with regulation 5 of the Regulations, within one year of the date of the report;

(b)

where the applicant has not received such a report, within 18 months of the date of the complaint.

(3)

An affidavit shall be lodged in support of the notice of application setting out the steps taken in accordance with the Regulations to secure compliance with any requirement of the Order, and there shall be exhibited to the affidavit:

(a)

a copy of the application under Article 5 or Article 8 of the Order as appropriate;

(b)

a copy of the complaint made in accordance with the Regulations;

(c)

a copy of any report given by the holder of the health record if applicable.

(4)

A copy of the said affidavit shall be served on the defendant with the notice of application.]

Annotations

Textual amendments

F1

Words in Order 52 rule 15(1) omitted (31.10.2016) by virtue of The County Court (Amendment) Rules (Northern Ireland) 2016 (S.R. 2016/302), rules 1, 3(21)(b); S.R. 2016/387, art. 2

Notes on Part [ ORDER 52

Footnotes

f1

Order 52 Part I inserted by S.R. 1986 No. 218 with effect from 01.09.86

Notes on Chapter [ PART V

Footnotes

f1

Part V inserted by S.R. 1995 No. 48 with effect from 30.03.95