OpenLegislation

Rule 47.6 Application for order: general rulesI1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This rule applies to each application for an order to which this Section applies.

(2)

The applicant must—

(a)

apply in writing and serve the application on the court officer;

(b)

demonstrate that the applicant is entitled to apply, for example as a constable or under legislation that applies to other officers;

(c)

give the court an estimate of how long the court should allow—

(i)

to read the application and prepare for any hearing, and

(ii)

for any hearing of the application;

(d)

attach a draft order in the terms proposed by the applicant;

(e)

serve notice of the application on the respondent, if any, unless the court otherwise directs; and

(f)

serve the application on any respondent to such extent, if any, as the court directs.

(3)

A notice served on a respondent must—

(a)

specify the material or information in respect of which the application is made; and

(b)

identify—

(i)

the power that the applicant invites the court to exercise, and

(ii)

the conditions for the exercise of that power which the applicant asks the court to find are met.

(4)

The applicant must serve any order made on a respondent.

Annotations

Commencement

I1

Rule 47.6 in force at 6.10.2025, see Preamble

Notes on Part 47

Textual amendments

F1

Words in Pt. 47 Table of Contents omitted (6.4.2026) by virtue of The Criminal Procedure (Amendment) Rules 2026 (S.I. 2026/47), rules 3, 10(c)(i)