Article 3.6 Release from requirement to provide statement of affairs and extension of time
The power of the education administrator under paragraph 48(2) of Schedule B1 to revoke a requirement to provide a statement of affairs or to extend the period within which it must be submitted may be exercised upon the education administrator’s own initiative or at the request of the relevant person who has been required to provide it.
A relevant person may apply to the court if the education administrator refuses that person’s request for a revocation or extension.
On receipt of an application, the court may, if it is satisfied that no sufficient cause is shown for it, dismiss it without giving notice to any party other than the applicant.
Unless the application is dismissed, the court must fix a venue for it to be heard.
The applicant must, at least 14 days before any hearing, deliver to the education administrator a notice stating the venue with a copy of the application and of any evidence on which the applicant intends to rely.
The education administrator may do either or both of the following—
file a report of any matters which the education administrator thinks ought to be drawn to the court’s attention; or
appear and be heard on the application.
If a report is filed, the education administrator must deliver a copy of it to the applicant not later than five business days before the hearing.
Sealed copies of any order made on the application must be delivered by the court to the applicant and the education administrator.
On an application under this rule, the applicant’s costs must be paid by the applicant in any event; but the court may order that an allowance of all or part of them may be payable as an expense of the education administration.