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Rule 23 Applications for discharge or variation of receivership orders and applications for other orders

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

(1)

This rule applies to applications under section 62(3) of the Act for orders (by persons affected by the action of receivers) and applications under section 63(1) of the Act for the discharge or variation of orders relating to receivers.

(2)

The application must be made in writing and lodged with the Crown Court.

(3)

The application must be served on the following persons (except where they are the person making the application)—

(a)

the person who applied for appointment of the receiver;

(b)

the defendant;

(c)

any person who holds realisable property in respect of which the receiver has been appointed;

(d)

the receiver; and

(e)

any other person whom the applicant knows to be affected by the application,

at least 7 days before the date fixed by the court for hearing the application, unless the Crown Court specifies a shorter period.

(4)

If the court makes an order for the discharge or variation of an order relating to a receiver under section 63(2), the applicant must serve copies of the order on any persons whom he knows to be affected by the order.