# The Crown Court Rules (Northern Ireland) 1979, Rule 62P: Variation or revocation of an overseas production order


(1) This rule applies to an application to vary or revoke an order listed in paragraph (2) by—
(a) the applicant for that order, or an equivalent appropriate officer;
(b) the respondent:
(c) another person affected by the order; or
(d) the Secretary of State.
(2) The orders to which this rule applies are—
(a) an overseas production order;
(b) an order under section 8(4) maintaining an unexpired non-disclosure requirement;
(c) an order under section 13(3) maintaining a duty not to conceal, destroy, alter or dispose of electronic data, and not to disclose the making or content of an application for an overseas production order; and
(d) an order under section 13(4)(b) maintaining a duty not to conceal, destroy, alter or dispose of electronic data.
(3) ... An applicant under this rule shall—
(a) subject to rule 62Q(7)(c), apply as soon as practicable after becoming aware of the grounds for doing so by giving notice in writing to the chief clerk;
(b) subject to rule 62Q(7)(c), include with the application an accompanying draft of the order sought; and
(c) subject to rule 62Q(7)(b), serve the notice of the application, the supporting affidavit referred to in paragraph (4) or (5) and the draft order on the respondent, if applicable, and on any other person affected by the order.
(4) Where the application is for a variation, or further variation, of an overseas production order, it shall be supported by an affidavit which shall—
(a) specify the electronic data in respect of which the varied order is sought (which may include electronic data not specified or described in the original order);
(b) satisfy or, as the case may be, continue to satisfy, the requirements of rule 62O(1)(a) to (c) and 62O(2)(a) to (f) (which may be done by reference to the original order);
(c) meet the requirements of rule 62O(2)(g);
(d) specify the variation proposed and explain—
(i) what material circumstances have changed since the order was made; and
(ii) why the order should be varied.
(5) Where the application is for the revocation of an overseas production order, it shall be supported by an affidavit which shall explain why revocation is appropriate.
(6) Where the application includes a request that the Court, despite revocation, maintains—
(a) the requirement that for a further period the respondent must not conceal, destroy, alter or dispose of any of the electronic data specified or described in the order; or
(b) an unexpired non-disclosure requirement,
the affidavit referred to in paragraph (5) shall explain why, and for how long, it would be appropriate to maintain that requirement.
(7) The chief clerk must as soon as practicable serve on the applicant for the overseas production order under rule 62O any order made on an application under this rule, and—
(a) in the event that the Court varies the overseas production order, the applicant under rule 62O must serve the order as varied on the Secretary of State, or on a prescribed person, for service on the respondent on whom the overseas production order first was served;
(b) in any other event, the applicant under rule 62O must serve the order made on the application under this rule on every other person served under paragraph 3(c).

---
Source: https://www.legislation.gov.uk/nisr/1979/90/rule/62P (the official version)
Page: https://openlegislation.uk/crown-court-rules-northern-ireland-1979/rule-62P
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.